07_17_11 animal welfare and medications rule and policy
NRHA General Rules and Regulations
L. Animal Welfare and Medications Provisions Applicable to all NRHA Events. ((Consult legal counsel to add verbiage about state or country laws superseding NRHA rules.))
Section 1. Testing
a. All horses entered in an NRHA approved class that meet the criteria of the NRHA Animal Welfare and Medications Policy are subject to examination by a licensed veterinarian who must be approved by NRHA. Said approved veterinarian may appoint a technician to perform certain duties under this rule. The examination may include physical, urine, blood tests and/or any other test or procedure at the discretion of said veterinarian necessary to effectuate the purposes of this rule. b. Persons responsible for a horse being tested who are not able to accompany NRHA drug testing personnel and the horse to the location where sample collection is to take place, to act as witness to the collection and sealing of blood and urine samples, and to sign the drug collection documents in the appropriate places as witness, must appoint an agent to do so. The absence of such a witness shall constitute a waiver of any objection to the identification of the horse tested and the manner of collection and sealing of the samples. c. Upon the collection of a sufficient number of tubes of blood from the horse, the tubes shall be divided into two groups. One group shall be labeled and identified as Blood Sample A, and the other as Blood Sample B, and they shall be sealed accordingly. Upon the collection of a sufficient volume of urine from the horse, a portion of the sample shall be poured into a second urine sample container. One container shall be labeled and identified as Urine Sample A, and the other as Urine Sample B, and they shall be sealed accordingly. These procedures shall be performed whether or not the person responsible or his/her appointed witness is present as provided for in Section 1 (b) above. d. In the event reasonable attempts at sample collections from the horse do not provide a sufficient number of tubes of blood or a sufficient volume of urine to be divided, labeled, and identified as Samples A and B, as determined by the testing veterinarian and/or technician, the sample(s) obtained (if obtained) shall be labeled and identified as Sample(s) A only, and it shall be recorded in the records of the Animal Welfare and Medications Program that the corresponding Sample(s) B does (do) not exist, in which event the obtained Sample(s) shall be subject to testing. Section 2. Cooperation
a. Cooperation with the veterinarian and/or his agent(s) includes:
i. Taking the horse and the veterinarian and/or his agent(s) immediately to the location selected by said veterinarian and/or agent(s) for testing the horse and presenting it for testing.
ii. Assisting the veterinarian and/or his agent(s) in procuring the sample promptly, including but not limited to removing equipment from the horse, leaving it quietly in the stall and avoiding any distractions to it. Schooling, lengthy cooling out, bandaging and other delays of this type shall be construed as noncooperation.
Section 3. Responsibility and Accountability of Person(s) Responsible
a. A person responsible is defined as any adult or adults who has or shares the responsibility for the care, training, custody, condition, or performance of a horse. Said person must sign the entry blank of any NRHA approved event whether said person be a trainer, owner, rider, agent and/or coach. Where a minor exhibitor has no person responsible, then a parent, guardian or agent or representative thereof must sign the entry blank and assume responsibility. The name of the person responsible must be designated as such on the entry blank. It is the responsibility of the person responsible as well as event management to see that entry blanks contain all of the required information. b. The person(s) responsible in the absence of substantial evidence to the contrary are responsible and accountable under the penalty provisions of these rules:
i. for the condition of a horse at an NRHA approved event and ii. to know all of the provisions of General Rules and Regulations (O) (including any advisories or interpretations published in the NRHA Reiner) and all other rules and regulations of the NRHA and the penalty provisions of said rules. For purposes of this rule, substantial evidence means affirmative evidence of such a clear and definite nature as to establish that said person responsible, or any employee or agent of the person responsible, was, in fact, not responsible or accountable for the condition of the horse. If any person responsible is prevented from performing his or her duties, including responsibility for the condition of the horses in his or her care, by illness or other cause, or is absent from any NRHA approved event where horses under his or her care are entered and stabled, he or she must immediately notify the event secretary and, at the same time, a substitute must be appointed by the person responsible and such substitute must place his or her name on the entry blank forthwith. Such substitution does not relieve the regular person responsible of his/her responsibility and accountability under this rule; however, the substitute person responsible is equally responsible and accountable for the condition of such horses.
c. The person responsible and owner acknowledge that the person responsible represents the owner regarding horses being trained or managed, entries, scratches for any reason and any act performed on any horse under the care and custody of the person responsible. d. In the case of a horse competing under the Therapeutic Substance Provisions, any person responsible or other person subject to these rules who actually administers, attempts to administer, instructs, aids, conspires with another to administer or employs anyone who administers or attempts to administer a forbidden substance to a horse which might affect the performance of said horse at an event licensed by the NRHA without complying with Section 8, is subject to the penalties provided in Section 5, and General Rules and Regulations (E) and the Animal Welfare and Medications Policy. e. Any person(s) responsible or person subject to these rules who administers, attempts to administer, instructs, aids, conspires with another to administer or employs anyone who administers or attempts to administer any substance to a horse by injection or by any other route of administration, whether the substance is forbidden or permitted, at an event licensed by the NRHA, whether it be during a scheduled class in the competition ring, practice arenas, alleys leading into the arenas or any other public areas of the show grounds, is subject to the penalties provided in Section 5 unless administered in a life-saving situation which should be done based on consultation with a veterinarian. Section 4. Results, Confirmatory Analysis, and Retest a. Blood and urine samples labeled and identified as Samples A shall be subjected to chemical analysis by a laboratory with which NRHA has contracted for its services. Blood and urine samples labeled and identified as Samples B shall be stored securely, unopened, at the contracted laboratory, to be used in the event that a confirmatory analysis shall be required. b. In the event the chemical analysis of Blood or Urine Sample A is negative, i.e., no forbidden substance or any metabolite or analogue thereof is found to be present in the sample, the corresponding Blood or Urine Sample B shall be destroyed by the laboratory. c. In the event the chemical analysis of Blood or Urine Sample A is positive, i.e., a forbidden substance or any metabolite or analogue thereof is found to be present in the sample, this shall be prima facie evidence that the forbidden substance was administered in some manner to said horse, whether intentionally or unintentionally, or otherwise was caused to be present in the tissues, body fluids or excreta of the horse at the event, whether intentionally or unintentionally, such that the person(s) responsible deemed responsible and accountable for its condition is (are) liable under the provisions of Section 3. d. In the event the chemical analysis of Blood or Urine Sample A is positive, and upon the issuance of Notices of Charge to persons deemed responsible and accountable under the rules, a person charged who requests a confirmatory analysis of the corresponding Blood or Urine Sample B must make the request in writing to NRHA Counsel, and it must be received within 15 days of the date of the Notice of Charge. e. The confirmatory analysis of the corresponding Blood or Urine Sample B shall be performed by a drug testing laboratory that must be mutually agreed upon by the person charged who requests the confirmatory analysis and
NRHA Counsel, which laboratory must have demonstrated proficiency in performing the necessary confirmatory analysis, provided the corresponding Blood or Urine Sample B exists and is of sufficient volume to permit a confirmatory analysis. In the event the drug testing laboratory that analyzed Sample A is the only laboratory that has demonstrated proficiency in performing the necessary confirmatory analysis, as determined by NRHA Counsel, this laboratory shall be the only laboratory to which NRHA Counsel shall agree to perform the confirmatory analysis of the corresponding Sample B. Upon the completion of the confirmatory analysis, the laboratory performing the confirmatory analysis shall forward its findings and supporting data to all parties. f. In the event no agreement is reached as to a laboratory as required in Section 4(e) above, and the person charged who requests the confirmatory analysis does not revoke his/her request, the confirmatory analysis of the corresponding Blood or Urine Sample B shall be performed by the contracted laboratory as determined by NRHA Counsel, which laboratory shall forward its findings and supporting data to all parties. Both the results of the analysis of Sample A (and supporting data) and the results of the confirmatory analysis of the corresponding Sample B, if any (and supporting data, if any), shall be admissible as evidence in any hearing or proceeding pertaining to this matter. g. In the event the corresponding Blood or Urine Sample B does not exist, or is of insufficient volume to permit a confirmatory analysis, as determined by NRHA Counsel, and there exists a remaining aliquot of Blood or Urine Sample A which is of sufficient volume to permit a retest, as determined by NRHA Counsel, a person charged who requests the retest of Blood or Urine Sample A must make the request in writing to NRHA Counsel, and it must be received within 7 days of the determination that the corresponding Blood or Urine Sample B does not exist or is of insufficient volume to permit a confirmatory analysis. h. Any requested re-test of the remaining aliquot of Blood or Urine Sample A, provided it is of sufficient volume to permit a retest, shall be performed by the contracted laboratory as determined by NRHA Counsel. i. The retest of the remaining aliquot of Blood or Urine Sample A may be witnessed by a Witnessing Analyst appointed by the person charged who requests such analysis at the same time as the retest is requested. The Witnessing Analyst must be a qualified analytical chemist employed by an equine drug testing laboratory. If no Witnessing Analyst is appointed by the person requesting the retest, or if the Witnessing Analyst is unavailable within a reasonable time, the requested retest of the remaining aliquot of Blood or Urine Sample A shall proceed without the Witnessing Analyst. j. In the event the Witnessing Analyst appointed by the person requesting the retest of the remaining aliquot of Blood or Urine Sample A is satisfied that the positive result is correct, NRHA Counsel must be informed immediately by fax with confirmation by letter. k. In the event the Witnessing Analyst is not satisfied that the result of the retest of the remaining aliquot of Blood or Urine Sample A is correct, NRHA Counsel must be informed immediately by fax followed by a written report setting forth the basis for the Witnessing Analyst’s opinion. Copies of the original and subsequent results and supporting analytical data must be submitted to the NRHA Hearing Body as part of the hearing record in the case, for resolution by it of any and all issues regarding the original analysis of Blood or Urine Sample A and the retest of the remaining aliquot of Blood or Urine Sample A. l. By requesting the confirmatory analysis of the corresponding Blood or Urine Sample B, or the retest of the remaining aliquot of Blood or Urine Sample A, or by requesting that the retest be witnessed by a Witnessing Analyst, the person charged who makes such request(s) agrees to and must pay any and all fees, costs and expenses relating to the confirmatory analysis or the retest, whether it is performed by a mutually agreed upon laboratory, by the contracted laboratory upon the presentation an invoice by NRHA Counsel, and any and all fees, costs, and expenses relating to the Witnessing Analyst. m. If the chemical analysis of the sample taken from such horse indicates the presence of a forbidden substance or any metabolite or analogue thereof and all the requirements of Section 8 have been fully complied with, the information contained in said Medications Report Form and any other relevant evidence will be considered by NRHA in determining whether a rule violation was committed by any person(s) responsible or accountable for the condition of the horse under the provisions of this rule. n. When a positive report is received from the chemist identifying a forbidden substance, or any metabolite or analogue thereof, a hearing will be held in accordance with General Rules and Regulations (E) and the Animal Welfare and Medications Policy. No person responsible, responsible or accountable for the condition of said horse,
will be suspended, or a horse barred from competition, until after an administrative penalty has been assessed or after the conclusion of a hearing and a written ruling thereon has been made. o. The owner or owners of a horse found to contain a forbidden substance or any metabolite or analogue thereof may be required to forfeit all prize money, sweepstakes, added money and any trophies, ribbons and “points” won at said event by said horse and the same will be redistributed accordingly. If, prior to or at a hearing, NRHA as the charging party, determines that one or more persons, not previously charged as a person responsible should also be charged as a person responsible, then, upon application by NRHA, the Hearing Body may, in its discretion, continue or adjourn the hearing, in whole or in part, to permit a new or amended charge to be issued (unless the person(s) to be charged waive notice). p. A person responsible of a horse found to contain such forbidden substance or any metabolite or analogue thereof is subject to whatever penalty is assessed by the Hearing Body, as provided by General Rules and Regulations (E) and the Animal Welfare and Medications Policy. Said person responsible may be fined and may be suspended from all participation in NRHA approved events as outlined in General Rules and Regulations (E) Section 9 and the Animal Welfare and Medications Policy. In determining an appropriate penalty under these rules, the Hearing Body may take into account such factors and circumstances as it may deem relevant, including but not limited to:
a. the pharmacology of the forbidden substance, b. the credibility and good faith of the person charged or of other witnesses, c. penalties determined in similar cases, and d. past violations of any NRHA rules (or the lack thereof). e. reliance upon the professional ability or advice of a veterinarian who is a licensed graduate of an accredited veterinary school and who is in good standing in the state, province or country in which he/she primarily practices.
Section 5. Management Procedures
a. Testing fees will be applied where testing is carried out at NRHA events as approved by the NRHA Board of Directors.
b. Event management must cooperate with the veterinarian and/or his agents. Section 6. Interpretations of the NRHA Animal Welfare and Medications Rule and its Application to Particular Substances
Trainers, persons responsible and/or owners who seek advice concerning the interpretation and application of this rule should not rely solely upon interpretations or advice by private or event veterinarians, event officials, event personnel, or other persons, but should also obtain verification of any such interpretations or advice from the NRHA Animal Welfare and Medications Program office. Any trainer, person responsible or owner who is uncertain about whether this rule applies in any given situation would be well advised to withdraw the affected horse from competition until such time as the NRHA Animal Welfare and Medications Program office has been consulted. Section 7. Equine Medications, The Therapeutic Substance Provisions a. No horse competing in an event approved by NRHA is to be shown in any class (see also Section 1 (a), last sentence) if it has been administered in any manner or otherwise contains in its tissues, body fluids or excreta a forbidden substance except as provided in Section 8. For purposes of this rule, a forbidden substance is:
i. Any stimulant, depressant, tranquilizer, local anesthetic, psychotropic (mood and/or behavior altering) substance, or drug which might affect the performance of a horse (stimulants and/or depressants are defined as substances which stimulate or depress the cardiovascular, respiratory or central nervous systems), or any metabolite and/or analogue of any such substance or drug, except as expressly permitted by this rule.
ii. Any corticosteroid present in the plasma of the horse other than dexamethasone (see Section (e)(ii)). iii. Any nonsteroidal anti-inflammatory drug in excess of two present in the plasma or urine of the horse (Section 8 does not apply); exception: salicylic acid and topical use of diclofenac (Surpass) is permitted in addition to two additional nonsteroidal anti-inflammatory drugs. iv. Any substance (or metabolite and/or analogue thereof) permitted by this rule in excess of the maximum limit or other restrictions prescribed herein. v. Any substance (or metabolite and/or analogue thereof), regardless of how harmless or innocuous it might be, which might interfere with the detection of any of the substances defined in (i), (ii), (iii) or (v) or quantification of substances permitted by this rule. vi. Any anabolic steroid.
b. EXHIBITORS, OWNERS, TRAINERS, PERSONS RESPONSIBLE AND VETERINARIANS ARE CAUTIONED AGAINST THE USE OF MEDICINAL PREPARATIONS, TONICS, PASTES, AND PRODUCTS OF ANY KIND, THE INGREDIENTS AND QUANTITATIVE ANALYSIS OF WHICH ARE NOT SPECIFICALLY KNOWN, AS MANY OF THEM MAY CONTAIN A FORBIDDEN SUBSTANCE. c. The full use of modern therapeutic measures for the improvement and protection of the health of the horse is permitted unless:
i. The substance administered is a stimulant, depressant, tranquilizer, local anesthetic, drug or drug metabolite which might affect the performance of a horse or might interfere with the detection of forbidden substances or quantification of permitted substances; or ii. More than two nonsteroidal anti-inflammatory drugs are present in the plasma or urine of the horse (Section 8 does not apply); exception: salicylic acid and topical use of diclofenac (Surpass) is permitted in addition to two additional nonsteroidal anti-inflammatory drugs; or iii. The presence of such substance in the blood or urine sample exceeds the maximum limit or other restrictions prescribed herein below.
d. Restrictions concerning the nonsteroidal anti-inflammatory drugs are as follows:
i. The maximum permitted plasma concentration of diclofenac is 0.005 micrograms per milliliter. ii. The maximum permitted plasma concentration of phenylbutazone is 15.0 micrograms per milliliter. iii. The maximum permitted plasma concentration of flunixin is 1.0 micrograms per milliliter.
iv. The maximum permitted plasma concentration of ketoprofen is 0.250 micrograms per milliliter. v. The maximum permitted plasma concentration of meclofenamic acid is 2.5 micrograms per milliliter. vi. The maximum permitted plasma concentration of naproxen is 40.0 micrograms per milliliter. vii. The maximum permitted plasma concentration of firocoxib is 0.240 micrograms per milliliter. viii. Upon the approval of eltenac by the FDA, the maximum permitted plasma concentration of eltenac is 0.1 micrograms per milliliter. ix. A maximum of two substances listed in (i) through (vii) above are permitted to be present in the same plasma or urine sample (Section 8 does not apply); exception topical use of diclofenac (Surpass) is permitted in addition to two additional nonsteroidal anti-inflammatory drugs. x. Phenylbutazone and flunixin are not permitted to be present in the same plasma or urine sample (Section 8.a.xi. does not apply).
xi. Any nonsteroidal anti-inflammatory drug not listed in (i) through (vii) above is forbidden to be present in the plasma or urine sample (Section 8 does not apply); exception: salicylic acid. xii. Any nonsteroidal anti-inflammatory drug that becomes approved for use in horses can be added to the list of those permitted, after the completion, review and approval of the needed research.
e. Restrictions concerning other therapeutic substances are as follows:
i. The maximum permissible plasma concentration of methocarbamol is 4.0 micrograms per milliliter. ii. The maximum permitted plasma concentration of dexamethasone is 0.003 micrograms per milliliter.
f. Thresholds for substances of possible dietary origin are as follows:
i. The maximum permissible urine concentration of theobromine is 2.0 micrograms per milliliter.
Section 8. Conditions For Therapeutic Administrations of Forbidden Substances a. A horse exhibiting at an NRHA approved event pursuant to the Therapeutic Substance Provisions that receives any medication which contains a forbidden substance is not eligible for competition unless all of the following requirements have been met and the facts are furnished in writing on a timely-submitted official Medications Report Form:
i. The medication must be therapeutic and necessary for the diagnosis or treatment of an existing illness or injury. Any person responsible who is uncertain about whether a particular purpose is considered to be therapeutic would be well advised to consult his/her veterinarian or testing laboratory. ii. The horse must be withdrawn from competition for a period of not less than 24 hours after the medication is administered.
iii. The medication must be administered by a licensed veterinarian in good standing, or, if a veterinarian is unavailable, only by the trainer/person responsible pursuant to the advice and direction of a veterinarian. iv. Administration of a forbidden substance for non-therapeutic or optional purposes (such as, by way of example only, shipping, clipping, training, turning out, routine floating or cleaning of teeth, non-diagnostic nerve blocking, uncasting, mane pulling or non-emergency shoeing) is not considered to be therapeutic. Medications are permissible if administered prior to 24 hours prior to competition and is declared on a timely-submitted official Medications Report Form.
v. Identification of medication—the amount, strength and route of administration.
vii. Identification of horse, its name, age, sex, color and entry number.
viii. Diagnosis and reason for administration.
ix. Statement signed by person administering medication.
x. Medications Report Form filed with the Show Steward or Show Representative within one hour after administration or one hour after the Show Steward or Show Representative returns to duty after competition resumes if administration is at a time other than during competition hours.
xi. The Show Steward or Show Representative must sign and record the time of receipt on the Medications Report Form. xii. Flunixin (Banamine) – is a quantitatively restricted medication that may be used conditionally as a third NSAID and/or in addition to phenylbutazone to treat colic or ophthalmic emergencies only under the actual observation of event management (or designated representative) and/or official event veterinarian, either of
which must sign the medication report form, to aid in instances of colic. A Medications Report Form must be filed with event management as required in this rule.
xiii. Lidocaine/Mepivacaine – Is a conditionally permitted medication that may only be used within 24 hours of competition under actual observation of event management (or designated representative) and/or the official event veterinarian, either of which must sign the medication report form, to aid in the surgical repair of minor skin lacerations which, due to their very nature, would not prevent the horse from competing following surgery. Treatments include, but are not limited to, repair of heel bulb. A Medication Report Form must be filed with the event management as required in this rule.
b. Where all the requirements of Section 8 have been fully complied with, the information contained in said Medications Report Form and any other relevant evidence will be considered by the NRHA in determining whether a rule violation was committed by any person(s) responsible or accountable for the condition of the horse under the provisions of this rule.
NOTE: The official Medications Report Form is available from the officiating Show Steward, Show Representative and/or Show Secretary. All required information must be included when filing a report. Failure to satisfy and follow all the requirements of this Rule and to supply all of the information required by such Medications Report Form is a violation of the rules. The Show Steward/Show Representative must report any known violations of this Rule to the NRHA for such further action as may be deemed appropriate.
ANIMAL WELFARE AND MEDICATIONS POLICY
TESTING AND RESEARCH PHASE This policy will be phased in over time allowing the NRHA to determine administration and procedure, as well as, allow the membership time to adjust to the changes.
2012 – An anonymous research project will be conducted in 2012 at the NRHA Derby - Category 2 and 6 classes. The results will be used to make any necessary adjustments to the Animal Welfare and Medications rule. The individual identity of samples will remain private. A medications report form will not be required in this phase.
2013 - An anonymous research project will be conducted in 2013 at all AA events - Category 2 and 6 classes. The results will be used to make any necessary adjustments to the Animal Welfare and Medications rule. The individual identity of samples will remain private. A medications report form will not be required in this phase.
2014 - Testing will be implemented with notice sent to the responsible parties of sampled horses that test positive for forbidden or restricted substances. No penalties or repercussions will be enforced at these shows. All AA events – Category 2 and 6 classes are subject to testing. A medications report form will be required for any use of restricted or conditionally permitted substances.
2015 - Testing will be implemented and disciplinary procedures will be enforced based on the seriousness of the violation(s), precedents in similar cases and any prior rule violations by the individual(s). All AA events – Category 2 and 6 classes are subject to testing.
Following the above phases, the Board of Directors will review medications research received and revise the policy taking into account varying geographical and governmental differences. Pending the review, testing will be implemented and disciplinary procedures will be enforced based on the seriousness of the violation(s), precedents in similar cases and any prior rule violations by the individual(s). All events are subject to testing.
DISCIPLINARY ACTIONS AND PENALTIES The penalties associated with violations with this rule/policy will be phased in as follows:
2012 - 2013 – An anonymous research project will be conducted with no penalties given. A Medications Hearing Panel will be initially established to review results.
The Medications Hearing Panel, approved by the Board of Directors, may consist of:
2014 - The Medications Hearing Panel will review results and violations to determine future penalties that match the severity of the violation (severity will be determined by both the class of medication found, as well as, the level). In 2014, informative letters will be sent to responsible parties of sampled horses that test positive for forbidden or restricted substances.
2015 – Implement disciplinary actions and penalties as created by the Medications Hearing Panel (the following may be used for disciplinary action). The panel will continue to review results and penalties on an ongoing basis.
Drug/Substance 1st Offense 2nd Offense 3rd Offense
are FDA-approved for use in the horse Forbidden Substances that
EVENT MANAGEMENT PROCEDURES a. It is a violation to assess and/or collect a medication testing fee in excess of or in addition to that specified by the NRHA Board of Directors, unless said assessment is approved in writing by NRHA in advance, and then only under the terms and conditions set forth. b. It is a violation to withhold from NRHA any or all of the medication testing fees collected in accordance with the fees approved by the NRHA Board of Directors for any purpose, including to defray the expenses incurred providing stalls, passes, and other items to NRHA medication testing personnel, as required by this policy. c. Each NRHA approved event shall, at its own cost and expense, set aside and make available to NRHA testing personnel upon request suitable facilities conveniently located for the veterinarian appointed by NRHA and his or her technicians to collect equine blood and urine samples. Suitable facilities means one or more stalls if available, as requested, that are well lit, clean, dry, freshly bedded, and having a door or gate that can be secured. d. Each NRHA approved event, upon request, must furnish the veterinarian approved by NRHA by mail forthwith, with the requested number of official passes and parking passes for the veterinarians and technicians to have immediate and free access to all areas at said NRHA approved event. ADMINISTRATION This policy statement may only be changed with a supermajority vote of the NRHA Board of Directors only. Further restriction of this policy may only be implemented with a 180 day notice (following approval from the Board) to the entire membership via notice on the NRHA website. Further changes to this policy making it less restrictive may take effect immediately upon approval of the Board. Notice would also be given to the membership via notice on the NRHA website.
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