(a) Diagnosis of EIPH.
  (1) A bleeder is a horse that experiences Exercise Induced Pulmonary Hemorrhage (EIPH). Except as otherwise provided by this subsection, the medical diagnosis of EIPH may be made only by a commission veterinarian or a veterinarian currently licensed by the Commission. If the first EIPH event experienced by a horse occurs in another pari-mutuel racing jurisdiction, certification of the horse as a bleeder by that foreign jurisdiction will also constitute a first report of a diagnosed EIPH event for purposes of this section. A veterinarian who diagnoses an EIPH event in a horse participating in pari-mutuel racing in this state shall report the event to the commission veterinarian in a format prescribed by the executive secretary. On receipt of the first report of a diagnosed EIPH event for a horse, the commission veterinarian shall certify the horse as a bleeder.
  (2) A trainer may request that a commission veterinarian reconsider the commission veterinarian's diagnosis of an EIPH event by presenting the horse for re-examination within four hours of the initial diagnosis, or within one hour after a performance's last race, whichever occurs sooner. To receive reconsideration, the trainer must present the horse to the commission veterinarian for endoscopic examination as performed by a commission-licensed veterinarian.
(b) Admission to Furosemide Program.
  (1) A trainer may admit a horse to the furosemide program by stating at time of entry that the horse will compete with furosemide.
  (2) A horse that competed with furosemide in its most recent start out-of-state must compete on furosemide in Texas unless withdrawn from the furosemide program at time of entry.
  (3) The voluntary administration of furosemide without an external bleeding incident shall not subject the horse to an initial period of ineligibility under subsection (g) of this section.
(c) Administration of Furosemide. Furosemide shall be administered to a horse in the furosemide program not later than four hours before the published post time for the race the horse is entered to run. The furosemide must be administered intravenously by a veterinarian licensed by the Commission. The executive secretary shall periodically publish the permissible blood levels of furosemide in post-race specimens and shall post the levels at each licensed racetrack.
(d) Requirement to Use Furosemide. A horse in the furosemide program in Texas must compete with furosemide until withdrawn from the program.
(e) Withdrawal from Furosemide Program.
  (1) To withdraw a horse from the furosemide program, the trainer must state his/her intention to race the horse without furosemide at the time of entry.
  (2) A horse in the furosemide program that competes out-of-state without furosemide is considered to have been removed from the Texas furosemide program effective the date of its first race without furosemide.
  (3) Withdrawal from the furosemide program does not prohibit a horse from subsequent readmission to the program in accordance with this section.
(f) Readmission to the Furosemide Program. A horse may be readmitted to the furosemide program if:
  (1) at least 60 days have elapsed since the horse was withdrawn from the program;
  (2) the horse is required to compete with furosemide pursuant to subsection (b)(2) of this section; or
  (3) the commission veterinarian diagnoses the horse with another EIPH event.
(g) Bleeders List.
  (1) The commission veterinarian shall maintain a list of horses that have been certified as bleeders and a list of horses that have been admitted to the furosemide program.
  (2) On receipt of a report of a diagnosed EIPH event, the commission veterinarian shall place the horse on the veterinarian's list and the horse shall be ineligible to race for the following time periods:
    (A) First incident - 12 days;
    (B) Second incident within 365 days of previous incident - 30 days;
    (C) Third incident within 365 days of previous incident - 180 days;
    (D) Fourth incident within 365 days of previous incident - lifetime ban from racing in this state.
  (3) A horse with fewer than four EIPH events that has not had a diagnosed EIPH event for a period of 365 consecutive days is considered a non-bleeder for purposes of this subsection. The report of a diagnosed EIPH event from any pari-mutuel jurisdiction which officially records EIPH events will be recognized as an EIPH event by the Commission.
  (4) Notwithstanding the foregoing, if after reviewing a report of a diagnosed EIPH event the commission veterinarian determines additional days on the veterinarian's list are essential to the health and safety of the horse, the commission veterinarian may extend the number of days the horse is on the veterinarian's list. The commission veterinarian shall record the medical reasons for the additional days.
(h) Report by Veterinarian. A veterinarian who administers furosemide to a horse that has been admitted to the furosemide program shall report the administration on a form prescribed by the Commission. A report made under this subsection must be filed with the test barn supervisor not later than one hour before post time for the first race of that day.

Source Note: The provisions of this §319.111 adopted to be effective November 3, 1989, 14 TexReg 5623; amended to be effective August 3, 1992, 17 TexReg 5084; amended to be effective April 28, 1994, 19 TexReg 2915; amended to be effective November 1, 1994, 19 TexReg 8111; amended to be effective March 15, 1995, 20 TexReg 1527; amended to be effective January 3, 1996, 20 TexReg 11013; amended to be effective May 1, 1996, 21 TexReg 3364; amended to be effective October 1, 1996, 21 TexReg 9063; amended to be effective November 1, 1998, 23 TexReg 10638; amended to be effective February 15, 1999, 24 TexReg 691; amended to be effective July 17, 2001, 26TexReg 5236; amended to be effective November 1, 2001, 26 TexReg 8512; amended to be effective May 18, 2004, 29 TexReg 4149; amended to be effective July 16, 2007, 32 TexReg 4386; amended to be effective June 12, 2011, 36 TexReg 3595