New York Regulators Considering 72-Hour Vet Evaluation

New York regulators are considering a rule explicitly requiring a trainer's attending veterinarian to evaluate a Thoroughbred horse's fitness within 72 hours of a race or workout.

The proposal, advanced by the staff of the New York State Gaming Commission to the agency's full board this week, will be considered at a commission board meeting next week.

"While we have no reason to believe that an attending veterinarian would permit a horse under such veterinarian's care to race or participate in a workout if the horse is unfit, staff believes it appropriate to require veterinarians to make such representations of fitness explicitly, as a further safeguard to promote the safety and health of New York's racehorses,'' the agency's counsel, Edmund C. Burns, wrote in a July 20 memo to the board that was made public Thursday.

The matter will be considered by the commission's board June 26, when it is expected to receive preliminary approval. If so, the proposal would go out for a public comment period, with final adoption sometime later this year.

"Adding the requirement by the attending veterinarian provides additional safeguards by ensuring an evaluation by a veterinarian with knowledge of the particular horse while maintaining the examination by the racing association's veterinarian as an additional level of review,'' Burns wrote to the board.

How such veterinarian examinations are reported to the Gaming Commission has yet to be determined. The agency said the new equine examination plan is in addition to existing rules requiring a racing association's veterinarian to evaluate a horse for fitness on the day it is due to race.

The proposal calls for bans on horses from racing or working out unless specifically cleared within 72 hours by an attending veterinarian. Exams must include at least inspections of the eyes, legs, and observations of the horse at rest and while in motion. The evaluations must be reported to the state—though it is unclear from the proposed rule if that information will be made public—and must be also provided to a racing association's veterinarian, who shall be informed if there are any changes to a horse's fitness after entry and before a race day.

The proposed rule defines a workout as "an exercise session near full speed or close to full speed."

The proposal "is intended to minimize the risks of injury to horses that are unfit to perform,'' Burns wrote to the commission's board.