CHRB Reminder on Non-FDA Approved Products

In light of the bombshell indictments brought by the U.S. Attorney's Office for the Southern District of New York against numerous Thoroughbred veterinarians and trainers for an array of drug offenses, the California Horse Racing Board (CHRB) has circulated a memo among the state's licensed racetrack veterinarians reminding them of the rules surrounding non FDA-approved products.

Dated Mar. 10, the memo states that, “Veterinarians are expected to only use drugs and substances that meet all state and federal laws and regulations. Otherwise, it should not be in your possession or used at CHRB facilities. CHRB has not seen the 'bathtub'-type products that are found in other jurisdictions and shown in the indictment, but we do see some questionably compounded drugs and products that are professionally packaged, but non-FDA.”

The memo, which links to an American Association of Equine Practitioners (AAEP) web-page concerning the legal and safe use of compounded drugs, also lists the language of two CHRB rules regarding prohibited veterinary practices and prohibited drug substances in out-of-competition testing. They are as follows:

1867 (b): “The possession and/or use on the premises of a facility under the jurisdiction of the Board of any drug, substance or medication that has not been approved by the United States Food and Drug Administration (FDA) for use in the United States.”

1869 (b): “Therapeutic substances that are not otherwise prohibited pursuant to this regulation are permitted for use when a horse is out of competition, provided such substances have been approved by the FDA for use in the United States, and are prescribed and administered in accordance with all applicable federal and state laws and regulations, including but not limited to all CHRB rules and regulations and Title 16 California Code of Regulations section 2032.1.”

According to Jeff Blea, a Santa Anita-based private veterinarian and past president of the AAEP, the memo was merely a “timely” reminder of the rules surrounding the practice of compounding medications.

“There is a need for compounded medications, both equine and human. But they have to be from reputable pharmacies who are accredited and are not compounded illegally according to the law,” he said. “Compounded drugs are a tough area. Because they're not really FDA approved, there's no really tight oversight, so you've got to adhere to AAEP guidelines.”