Chapter 8: Commission Veterinarians, Official Veterinarians and Other Veterinarians

8.01.01  The Commission veterinarians shall be those veterinarians appointed by the Registrar to officiate at extended race meetings.  Any decision with respect to the Registrar’s appointment of a Commission Veterinarian is not subject to appeal.

8.01.02  The Official Veterinarians shall be those veterinarians appointed by the Associations and approved by the Registrar to officiate at extended race meetings. At the discretion of the Registrar, the duties of the Official Veterinarian may be assumed by the Commission Veterinarian. Any decision with respect to the Registrar’s approval of an Official Veterinarian is not subject to appeal.

8.02  The Commission Veterinarian or Official Veterinarian shall:

1. Serve as a professional advisor and consultant to the Registrar and Commission staff on veterinary matters including all regulatory aspects of the application and practice of veterinary medicine at the track;
2. Examine or observe each horse that is to race, at the following times and locations:
   
   1. During a warm-up on the track prior to the race;
   2. During the parade to the post;
   3. During the race;
   4. After the race;
   5. During all qualifying races; and
   6. At any other time considered appropriate.
3. If in his or her opinion any horse is unfit, unsound, or not ready for racing, immediately report to the Judges and have the horse scratched;
4. Be continuously available in the racetrack area from the time the horses enter the paddock until the last race is completed;
5. Maintain a list called the Veterinarians’ List (Long Term or Short Term - see Rules 20.01 and 20.02) on which the Commission Veterinarian or Official Veterinarians shall enter the name of any horse considered unfit, unsound, or not ready for racing. A horse on the Long Term List must qualify and shall be refused declaration until a Commission Veterinarian or Official Veterinarian removes its name from the list. Horses on the Short Term List are automatically removed after eight (8) days in accordance with Rule 20.04.01 - 20.04.04.

8.03  During the period of their employment, Commission Veterinarians or Official Veterinarians shall not diagnose, treat or prescribe for any horse entered to race that day. For a period of 2 hours prior to first post time and throughout that racing program, the Commission Veterinarian or Official Veterinarian shall not diagnose, treat or prescribe for any horse except in case of an emergency when they may do so without compensation of any kind, except for out-of-pocket expenses.

8.04  A Commission Veterinarian or Official Veterinarian shall inspect, as quickly as possible, all horses which have been involved in an accident during a race and, if necessary, provide appropriate emergency treatment.

8.05  If in the opinion of a Commission Veterinarian or Official Veterinarian an injured horse should be destroyed, he shall destroy the horse quickly, humanely, and out of sight of the public unless any delay will prolong the suffering of the horse.

8.06  Any owner or trainer whose horse has been placed on the Long Term Commission Veterinarians’ List may have a veterinarian certify in writing that the horse is fit to race prior to the horse being declared to race, and file such certification in writing with the Commission Veterinarian or Official Veterinarian at the raceway where the horse is declared to race. Such certification shall be to the satisfaction of the Commission Veterinarian or Official Veterinarian.

8.07  Deleted.

8.08  Deleted.

8.08.01  A veterinarian shall maintain and keep the records required pursuant to the Rules for not less than two clear years and shall make such records available to the Registrar upon request.

8.08.02  The records maintained and kept by a veterinarian shall include the name of the horse, the names of the owner and trainer, the date of the administration or prescription of the drug, substance or medication, and its nature.

8.09  Except in emergency situations, veterinarians shall not parenterally or orally treat or medicate a horse in the paddock. When a horse has been treated parenterally or orally or medicated, the administering veterinarian shall report it to the Commission Veterinarian or Official Veterinarian who shall report such treatment or medication to the Judges immediately who shall then scratch the horse.

8.10  Deleted.

8.10.01  A veterinarian shall:

1. Determine from the trainer or owner what drugs, substances or medications are being administered to the horse before prescribing or administering any drug, substance or medication and shall maintain that information in his or her records;
2. Determine from the trainer or owner prior to prescribing or administering any drug, substance or medication to a horse if the horse is or will be entered to race during the period of time in which any drug, substance or medication may affect the performance of the horse or could result in the issuance of a certificate of positive analysis, if an official sample were tested for that drug, substance or medication, or metabolite or derivative of that drug, substance or medication;
3. Advise the trainer or owner:
   
   1. Of the detection limit for any drug, substance or medication identified in the Schedule of Drugs, as amended from time to time, published by the Canadian Pari-Mutuel Agency and the circumstances which would or could alter that detection limit set out in the Schedule of Drugs, including those related to condition of the horse, dosage, method of administration, format in which the medication is administered, or other circumstances;
   2. If no elimination guideline is provided for in the Schedule of Drugs, an estimate of the withdrawal time based upon the veterinarian’s professional opinion, after carrying out such research as is required for him or her to form a professional opinion, and shall maintain a copy of that advice in his or her records.
4. Advise the trainer or owner of the potential or anticipated results of the administration of the drug, substance or medication on the horse and shall maintain a copy of that advice in his or her records; and
5. Advise the trainer or owner of any potential or anticipated side effects of the administration of the drug, substance or medication, including any that may result from interaction with any other drug, substance or medication that the veterinarian knows, ought to know or has reason to believe is being administered to the horse, and shall maintain a copy of that advice in his or her records.

8.10.02  A veterinarian may comply with the requirements with 8.10.01(c), (d) and (e) if he or she provides the advice to the trainer in writing at least once every calendar year and there is no reason to provide the advice in writing again during that calendar year. The veterinarian, in deciding that there is no reason to provide the advice in writing again, shall take into account the health and safety of the horse, the integrity of racing, his or her knowledge of the practices and procedures of the trainer and the trainer’s employees, his or her knowledge and experience with the drug, substance or medication, and such other factors that the veterinarian, acting reasonably, considers relevant.

8.10.03  A veterinarian may comply with 8.10.01(a) and (b) if he or she obtains the required information from a bona fide representative of the trainer or owner who has been designated by the trainer or owner to act on his or her behalf and the veterinarian has no reason to believe otherwise. A veterinarian may comply with 8.10.01(c), (d) and (e) if he or she provides advice to a bona fide representative of the trainer or owner who has been designated by the trainer or owner to act on his or her behalf and the veterinarian has no reason to believe otherwise.

8.10.04  A veterinarian shall only examine or treat a horse, or prescribe or administer a drug, substance or medication if he or she is in compliance with the requirements of the College of Veterinarians of Ontario including, but not limited to, the Minimum Standards for Veterinary Facilities in Ontario, as amended from time to time.

8.11  A veterinarian may be held wholly or partially responsible if any drug, substance or medication administered or prescribed by him/her results in:

1. The issuance of a certificate of positive analysis under the Pari-Mutuel Betting Supervision Regulations;
2. An excess level of total carbon dioxide for purposes of the Rules; or
3. Confirmation of the administration of
4. erythropoietin or any of its synthetic derivatives for purposes of the Rules,
5. A violation of Rule 6.53;
6. a violation of Rule 6.54.01
7. a violation of Rule 6.54.02

and, if held wholly or partially responsible, may be assessed a monetary penalty and/or suspended by the Judges.

8.12  Should any veterinarian licensed by the Commission be found in violation of the rules or be found to have engaged in any actions that would be considered a breach of ethics by the veterinary profession, that veterinarian may be assessed a monetary penalty, and/or suspended by the Judges, or may be referred to the Registrar for disciplinary action under the rules.

8.13  Deleted.

8.14  A veterinarian who dispenses a drug or medication shall label the container in which the drug or medication is dispensed with the following information:

1. Name and strength of the drug or medication;
2. Date and quantity prescribed;
3. Name and address of the dispensing veterinarian;
4. Name of the horse for which it is prescribed;
5. Name of the trainer of the horse;
6. The directions for use; and
7. Detection limit determined in accordance with Rule 8.10.01.

In the event that a drug or medication is to be dispensed to multiple horses from a single container, such container shall be marked “BARN USE”, and will be exempt from items (ii) and (iv) above and replaced by a log, to include the following information:

1. Name of the horse for which it is prescribed; and
2. Date and quantity prescribed.

8.14.02   Deleted.

8.15  A veterinarian who owns, in whole or in part, a horse shall not treat another horse that is entered in a race in which the veterinarian’s horse is entered. If the veterinarian has treated or otherwise provided veterinarian services for a horse that is entered in a race after the horse was entered, the horse owned by the veterinarian, in whole or in part, is not eligible to race and shall be scratched.