New Mexico Register / Volume XXIX, Issue 18 / September 25, 2018

Explanatory paragraph: This is an amendment to 15.2.6 NMAC, Sections 8, 9 and 10, effective September 26, 2018. In 15.2.6.8 NMAC Subsection A, Paragraphs (1) through (9) in Subsection B, and Subsections D through E were not published as there were no changes. In 15.2.6.9 NMAC, Subsections A through C, Paragraphs (1) through (4), Paragraphs (6) through (12) of Subsection C, Subsections D through I, Paragraphs (1) through (7) of Subsection J, Subsections K through N were not published as there were no changes. In 15.2.6.10 NMAC Subsection A, Paragraph (2) through (6) of Subsection B, Subsections C through E were not published as there were no changes.

15.2.6.8 VETERINARY PRACTICES:

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B. Treatment restrictions:

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(10) Veterinarians may possess and dispense compounded medications on association grounds under the following conditions:

(a) The medication is prepared and prescribed in a manner that meets the criteria for compounding established by the federal “Animal Medicinal Drug Use Clarification Act of 1994” (21 CFR 530) and any current food and drug administration compliance policy guides.

(b) The medication is prepared and prescribed in a manner that meets the criteria established in 16.19.30 NMAC by the New Mexico board of pharmacy.

(c) The medication is labeled in accordance with Subsection H of 15.2.6.9 NMAC.

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[15.2.6.8 NMAC - Rp, 15 NMAC 2.6.8, 04/13/2001; A, 07/15/2002; A, 02/15/2012; A, 07/31/2012, A, 05/16/2014; A, 12/16/16; A; 09/26/2018]

15.2.6.9 MEDICATIONS AND PROHIBITED SUBSTANCES: The classification guidelines contained within the "uniform classification guidelines for foreign substances and recommended penalties and model rule", [July 29, 2017, version 13.3] January 18, 2018, version 13.4 and “association of racing commissioners international inc. controlled therapeutic medication schedule for horses”, version 4.0, revised April 20, 2017 by the association of racing commissioners international, are incorporated by reference. Any threshold herein incorporated by reference by inclusion in one of the documents above shall not supersede any threshold or restriction adopted by the commission as specified by this section.

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C. Medication restrictions:

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(5) The restrictions set forth in Paragraph (3) above do not apply to the following substances:

(a) Topical applications, such as antiseptics, ointments, salves, leg rubs and leg paints which may contain antibiotics (excluding procaine, penicillin and chloramphenicol) but which shall not contain ethanol, benzocaine, dimethylsulfoxide, lidocaine, steroids or other medications.

(b) Vitamins and electrolytes, provided the vitamins and electrolytes are administered orally and do not contain any medications.

(c) Mentholated products designed to be used and administered topically to the nostril areas.

(d) Products containing eucalyptus oil and peppermint oil, such as Wind-Aid, provided the products are administered orally and do not contain any medications.

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J. Out of competition testing:

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(8) All horses selected for testing must be presented to the commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, at the time designated, unless the trainer or owner provides verification of an extenuating circumstance that makes it impossible. Penalties for violations of this subsection include:

(a) any horse not presented for testing upon notification absent extenuating circumstances will be placed immediately on the steward’s list for a minimum of 60 days and shall be subject to all the requirements set forth in Paragraph (8) of Subsection C of 15.2.6.9 NMAC; and

(b) the licensed trainer of a horse not presented for testing upon notification and absent extenuating circumstances is a [maximum] minimum license suspension of [180 days] one year.

(9) Any licensee who does not comply with the rule or the commission veterinarian for a sample may be subject to disciplinary action.

(10) Cooperation with the commission veterinarian, or any licensed veterinarian or licensed veterinary technician authorized by the commission, includes:

(a) assisting in the immediate location and identification of the horse selected for out of competition testing; and

(b) assisting the veterinarian in properly procuring the samples.

(11) Out of competition samples will be sent to the official laboratory of the commission, or another laboratory as designated by the commission, with reports made in accordance with the provisions of the medication rules and the penalty provisions therefore.

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[15.2.6.9 NMAC - Rp, 15 NMAC 2.6.9, 04/13/2001; A, 08/30/2001; A, 07/15/2002; A, 08/15/2002; A, 09/29/2006; A, 10/31/2006; A, 08/30/2007; A, 01/31/2008; A, 03/01/2009; A, 06/15/2009; A, 06/30/2009; A, 09/15/2009; A, 12/15/2009; A, 03/16/2010; A, 07/05/2010; A, 09/01/2010; A, 12/01/2010; A, 11/01/2011; A, 02/15/2012; A, 04/30/2012; A, 07/31/2012; A, 12/14/2012; A, 05/01/2013; A/E, 05/02/2013; A, 09/30/2013; A, 04/01/2014; A, 05/16/2014; A, 08/15/2014; A, 09/15/2014; A, 03/16/2015; A, 09/16/15; A, 03/15/2016; A, 06/15/2016; A/E, 06/28/2016; A, 09/15/2016; A, 12/16/2016; A, 07/01/2017; A, 10/31/17; A, 03/14/2018; A; 09/26/2018]

15.2.6.10 TESTING:

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B. Sample collection:

(1) [Sample collection shall be done in accordance with the association of racing commissioner’s international drug testing and quality assurance program external chain of custody guidelines, or other guidelines and instructions provided by the official veterinarian.] Sample collection shall be done in accordance to guidelines and instruction provided by the New Mexico racing commission official veterinarian or the New Mexico racing commission agency director.

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[15.2.6.10 NMAC - Rp, 15 NMAC 2.6.10, 04/13/2001; A, 03/30/2007; A, 09/01/2010; A, 07/31/2012; A, 05/01/2013; A, 05/16/2014; A, 06/15/2016; A, 07/01/2017; A, 03/14/2018; A; 09/26/2018]