72-Hour Pre-Race, Pre-Work Vet Exams in Pipeline for New York

Thoroughbreds in New York would be required to pass a health check 72 hours prior to a race or workout if a new rule proposed Monday by the New York State Gaming Commission (NYSGC) gets adopted after passing a public commentary period and a final vote by the commission at a future meeting.

The proposal that got put into the pipeline by unanimous voice vote after zero discussion among commissioners on Monday would require a trainer's attending veterinarian to conduct the 72-hour fitness exams. These health checks would be in addition to, and would not replace, New York's current rule that requires an exam by the racing association's veterinarian on race day.

“Adding the requirement for an examination 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,” stated a brief written by NYSGC general counsel Edmund Burns that was included in the informational packet for the June 26 monthly meeting.

“Furthermore, adding the requirement for examinations prior to workouts will implement equivalent protections for training,” Burns wrote.

The proposed new language, which now will get published in the New York State Register for the public's review, takes the form of an amendment to Rule 4007.5, which deals with qualifications to start.

A horse would be prohibited from entry into a race or from performing a workout unless such evaluation results in a determination that the horse is fit.

“The proposal is intended to minimize the risks of injury to horses that are unfit to perform,” Burns wrote. “The proposed rule would require such attending-veterinarian examinations to include, without limitation, a close inspection of the eyes, examination of the legs, and observation of the horse at rest and while in motion.

“Following a determination that the horse is either fit to race or to work out, the attending veterinarian and trainer would be obligated to inform the racing association's veterinarian of any changes in the horse's fitness before race day or the workout” in a to-be-determined manner of reporting, Burns wrote.

According to the text of the proposed rule, the term “workout” would be defined as “an exercise session near full speed or close to full speed.”

Burns wrote that, “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 attending veterinarians to make such representations of fitness explicitly, as a further safeguard to promote the safety and

health of New York's racehorses.”

After the vote, NYSGC chair Brian O'Dwyer noted that NYSGC staffers and the commission's equine medical director, Scott Palmer, “are working on new approaches to minimizing bad outcomes on the track and in training. And I know that they will be coming up with further suggestions in the future if warranted.”