SECTION 325:45-1-9. Furosemide use

(a)   Furosemide shall be permitted under the following conditions:

(1)   The dose of Furosemide shall be administrated intravenously.

(2)   Furosemide shall not be administrated within four hours of post time for the race in which the horse is entered.

(3)   The concentration of Furosemide in the post-race biological sample consisting of blood or plasma shall not exceed the listed threshold.

(b)   The following penalties shall be imposed for violations of this section:

(1)   For a first offense, the Stewards shall impose a fine on the trainer of Five Hundred Dollars ($500.00) for violation of this section.

(2)   For a second offense involving the same horse within a one year period, the Stewards shall impose a fine on the trainer of One Thousand Dollars ($1,000) for violation of this section unless the trainer was not notified of the first offense prior to the second running of the horse, in which case the Stewards shall impose a fine of Five Hundred Dollars ($500.00) for the second offense.

(3)   For a third offense or additional offenses involving the same horse within a one year period, the Stewards shall impose a fine on the trainer of Two Thousand Five Hundred Dollars ($2,500) and may suspend the trainer for up to one year for violation of this section unless the trainer was not notified of the second offense prior to the third running of the horse, in which case the Stewards shall impose a fine of Two Thousand Five Hundred Dollars ($2,500) and no trainer suspension for the third offense.

(4)   When trainer has a third offense or additional offenses involving the same horse within a one year period, the horse shall be disqualified, the owner or owners of the horse shall not participate in any portion of the purse or stakes, and any trophy or other award shall be returned unless the trainer was not notified of the second offense prior to the third running of the horse.

(c)   Entering a horse to race with Furosemide and failure to have a detectable concentration of Furosemide in the biological sample consisting of plasma or serum collected during post-race testing shall be a substance violation.

(1)   The trainer of a horse entered to race with Furosemide without a detectable level of Furosemide in the biological sample collected during post-race testing shall be fined Five Hundred Dollars ($500.00).

(2)   The practicing veterinarian treating a horse entered to race with Furosemide without a detectable level of Furosemide in the biological sample collected during post-race testing shall also be subject to a Five Hundred ($500.00) fine should the Stewards determine that there was negligence on the practicing veterinarian's part.

[Source: Amended at 10 Ok Reg 4731, eff 9-28-93 (emergency); Amended at 11 Ok Reg 3195, eff 6-27-94; Amended at 13 Ok Reg 2573, eff 6-28-96; Amended at 17 Ok Reg 3525, eff 8-31-00 through 7-14-01 (emergency); Amended at 20 Ok Reg 1231, eff 5-27-03; Amended at 23 Ok Reg 2071, eff 5-9-06 (emergency); Amended at 23 Ok Reg 2594, eff 6-25-06; Amended at 24 Ok Reg 973, eff 5-11-07; Amended at 32 Ok Reg 1197, eff 8-27-15; Amended at 35 Ok Reg 347, eff 12-18-17 (emergency); Amended at 35 Ok Reg 1535, eff 9-14-18]

Note

EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 7-15-01 (after the 7-14-01 expiration of the emergency action), the text of section 325:45-1-9 reverted back to the permanent text that became effective 6-28-96, as last published in the 1996 Edition of the OAC and republished in the 2001 Edition of the OAC, and remained as such until amended again by permanent action on 5-27-03.