(a) The commission veterinarian shall maintain a veterinarians' list of the horses that are ineligible to start in a race due to physical distress, unsoundness, or infirmity. The test barn supervisor shall ensure that a current version of the veterinarian's list is posted daily in the racing office.
(b) On a form prescribed by the executive secretary, the commission veterinarian shall notify the racing secretary and the trainer of a horse placed on the veterinarian's list as soon as practical after placing the horse on the list.
(c) A horse that is placed on the veterinarian's list may not be removed from the list before the fourth day after the date the horse is placed on the list. A horse may be removed from the veterinarian's list only on demonstrating to the commission veterinarian that the horse is raceably sound and in fit physical condition to exert its best effort in a race.
(d) Before removing a horse from the veterinarian's list, the commission veterinarian may require the horse to perform satisfactorily in a workout or qualifying race. Performance in such a workout or qualifying race must be conducted in accordance with §319.3 of this title (relating to Medication Restricted), except that, for a workout or qualifying race to be used for the purpose of removing a horse from the veterinarian's list, the horse must not have any detectable level of permissible therapeutic medication other than furosemide. The commission veterinarian may require the collection of test specimens from a horse after a workout or race required under this subsection. If a specimen is collected under this subsection, the commission veterinarian may not remove the horse from the veterinarian's list until the results of the test are negative.
(e) A workout for or an examination by a commission veterinarian in any pari-mutuel jurisdiction will be recognized for the purposes of removing a horse from the veterinarian's list.

Source Note: The provisions of this §319.102 adopted to be effective August 14, 1989, 14 TexReg 3804; amended to be effective October 11, 1990, 15 TexReg 5713; amended to be effective June 1, 1995, 20 TexReg 3661; amended to be effective October 1, 1996, 21 TexReg 9063; amended to be effective March 1, 2003, 28 TexReg 1637; amended to be effective July 16, 2007, 32 TexReg 4386; amended to be effective November 20, 2019, 44 TexReg 7046