Sec. 09.10.03.04. Drug Prohibition — Horses

A. Other than Lasix administered in accordance with the regulations in this chapter, an individual may not administer, cause to be administered, participate, or attempt to participate in any way in the administration of any drug or medication to a horse:

(1) During the 24-hour period before the scheduled post time for the race in which the horse is to participate; and

(2) Until after the race in which the horse is programmed to participate is run.

B. A horse participating in a race may not carry in its body:

(1) A drug; or

(2) A medication or other substance quantitated at more than the thresholds prescribed in Regulation .01-1 of this chapter.

C. The presence of a drug or a medication or other substance quantitated at more than the thresholds prescribed in Regulation .01-1 of this chapter in the post-race urine, blood, or other sample taken from a horse is prima facie evidence that the:

(1) Horse was administered a drug and carried the drug in its body during the race; and

(2) Drug was administered by the person or persons having control, care, or custody of the horse.

D. The presence of a drug, as defined in Regulation .01B(1)(a)(i) of this chapter, in a prerace blood sample taken from a horse that participated in a race, is prima facie evidence that the:

(1) Horse was administered a drug and carried the drug in its body during the running of the race; and

(2) Drug was administered by the person or persons having control, care, or custody of the horse.

E. Trainer Responsibility. A trainer is the absolute insurer of, and responsible for, the condition of each horse the trainer enters in a race, regardless of the acts of third parties.

F. Enforcement.

(1) The stewards or judges may order the:

(a) Post-race taking of urine, blood, or other samples for testing purposes from any horse which participated in a race;

(b) Prerace taking of blood samples for testing purposes from any horse entered in a race to determine the presence of a drug, as defined in Regulation .01B(1)(a)(i) of this chapter;

(c) Denial, forfeiture, and prompt return of a purse, sweepstakes, trophy, or any other reward received by the owner of a horse found to have carried a drug or a medication or other substance quantitated at more than the thresholds prescribed in Regulation .01-1 of this chapter in its body during a race;

(d) Redistribution of the items denied, forfeited, and returned, resulting from the disqualification of a horse found to have carried a drug or a medication or other substance quantitated at more than the thresholds prescribed in Regulation .01-1 of this chapter in its body during a race, to those owners whose horses were advanced by the disqualification.

(2) If the stewards or judges order a disqualification due to a horse having carried a drug or a medication or other substance quantitated at more than the thresholds prescribed in Regulation .01-1 of this chapter in its body during a race, they shall issue a ruling announcing the disqualification.

G. Repeat Violations. An individual guilty of violating this regulation, or a comparable regulation of another racing jurisdiction, for the second time is considered a repeat offender, and the stewards, judges, or the Commission shall weigh this factor in determining a sanction.