Request To Modify 'Furosemide As A Permitted Foreign Substance' Rules

The following was sent on November 29, 2012 to the Indiana Horse Racing Commission (IHRC) staff and then mailed to each commissioner to point out the apparent conflict between Indiana statute and the IHRC's administrative rules regarding the administration of Furosemide.

"Pursuant to ‘71 IAC 2-12-1 Procedures,’ Indiana Breeder & Owner Protection, Inc. (IBOP) is requesting that the Indiana Horse Racing Commission (IHRC) consider the amendment of both 71 IAC 8.5-1-5(8) and 71 8-1-5(8) to conform with IC 4-31-12-7(a). Please consider this correspondence as IBOP’s petition for the IHRC to amend both subsections of the administrative rules cited above, which are titled as ‘Furosemide as a permitted foreign substance’ rules which were most recently modified by the IHRC on January 25, 2012 . Our view is that both of these subsections include language and sentiment contrary to 4-31-12-7(a). IBOP would appreciate the modifications to these rules be considered as an agenda item at the next regularly scheduled IHRC meeting on December 14, 2012. We would consider any correction of administrative rules to conform with an Indiana statute an emergency.

More specifically, both 71 IAC 8.5-1-5(8) and 71 IAC 8-1-5(8) contain the following statements, "The executive director or judges may designate certain official veterinarians, racing veterinarians, and/or practicing veterinarians to administer furosemide under this rule. Such designation may be determined daily, weekly, or for any other appropriate time period." Our requested modification is to have these two sentences removed from each rule as they are contrary to IC 4-31-12-7(a) which is copied below. A redline version of each rule is attached.

IC 4-31-12-7
Veterinarians appointed by commission; prohibition on treatment of horses on the grounds; compensation
Sec. 7. (a) A veterinarian appointed by the commission or employed by a permit holder may not, during the period of the veterinarian's employment, treat or issue prescriptions for a horse on the grounds of or registered to race at a track, except in case of emergency. A full and complete record of an emergency treatment or a prescription shall be filed with the stewards or judges.
(b) An owner or trainer may not directly or indirectly employ or pay compensation to a veterinarian who is employed by the commission or a permit holder.
As added by P.L.341-1989(ss), SEC.2.

Clearly, the current wording of 71 IAC 8.5-1-5(8) and 71 IAC 8-1-5(8) implies that veterinarians designated by the Executive Director or judges can treat a horse by administering furosemide. Clearly, IC 4-31-12-7(a) prohibits "a veterinarian appointed by the commission or employed by a permit holder" from treating horses (or issuing prescriptions) outside of an emergency. We view the ability to "designate" a veterinarian as used in 71 IAC 8.5-1-5(8) and 71 IAC 8-1-5(8) as synonymous to "a veterinarian appointed" as used in IC 4-31-12-7(a). Administration of furosemide is providing a medical remedy, i.e. treatment, for alleviating a condition and is not an emergency treatment.

In addition, both 71 IAC 8.5-1-5(8) and 71 IAC 8-1-5(8) describe "official veterinarians, racing veterinarians, and/or practicing veterinarians" as possible designees by the commission to administer furosemide. Both an official veterinarian and a racing veterinarian are defined by 71 IAC 3.5-1-1 and 71 IAC 3-1-1 as 'Racing officials.' A racing veterinarian, as further defined by 71 IAC 3.5-14-1(a) and 71 IAC 3-13-1(a), "may be an employee of the commission or the association." Interestingly, 71 IAC 3.5-14-1(b)(8) and 71 IAC 3-13-1(b)(8), part of the 'general authority' of a racing veterinarian recognizes the prohibition of IHRC designated veterinarians providing treatment in IC 4-31-12-7(a) by stating that a racing veterinarian shall "refrain from directly treating or prescribing for any horse scheduled to participate during his or her term of appointment at any recognized meeting except in cases of emergency, accident, or injury." While the 'general authority' for the official veterinarian per 71 IAC 3-12-1 and 71 IAC 3.5-13-1 indicates that the official veterinarian is "employed by the commission," there is no specific prohibition on treating horses similar to that of racing veterinarian. However, given IC 4-31-12-7(a), there probably should be.

In summary, per IC 4-31-12-7(a), the IHRC cannot designate or appoint ANY veterinarian to administer furosemide to race horses and the Indiana Administrative Code should reflect that prohibition.


Thank You,

Jim Hartman
IBOP Vice-President

CC: Chairman Diener
Vice-Chairman Schaefer
Commissioner Lauck
Commissioner Grimes
Commissioner Barclay"