PUBLIC PROTECTION
CABINET
Horse Racing Commission
(As Amended at ARRS,
November 10, 2015)
810 KAR 1:018. Medication; testing
procedures; prohibited practices.
RELATES TO: KRS[230.210,]
230.215, 230.225, 230.240, 230.260, 230.265, 230.290, 230.320, 230.370
STATUTORY
AUTHORITY: KRS 230.215, 230.225, 230.240, 230.260, 230.320,
230.370[230.320]
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 230.215(2), 230.260(8), and 230.320 authorize[authorizes]
the Kentucky Horse Racing Commission to promulgate administrative regulations
prescribing conditions under which all legitimate horse racing and wagering
thereon is conducted in Kentucky. KRS 230.240(2) requires the commission to
promulgate administrative regulations restricting or prohibiting the
administration of drugs or stimulants or other improper acts to horses prior to[the
horse] participating in a race. This administrative regulation establishes
requirements and controls in the administration of drugs, medications, and
substances to horses, governs certain prohibited practices, and establishes
trainer responsibilities relating to the health and fitness of horses.
Section 1.
Definitions. (1) "AAS" or "anabolic steroid" means an
anabolic androgenic steroid.
(2)
"Administer" means to apply to or cause the introduction of a
substance into the body of a horse.
(3)
"Commission laboratory" means a laboratory chosen by the commission
to test biologic specimens from horses taken under the supervision of the
commission veterinarian.
(4) "Location
under the jurisdiction of the commission" means a licensed race track or a
training center as described in KRS 230.260(5).
(5)
"Permitted NSAIDs" means the following permitted non-steroidal
anti-inflammatory drugs: phenylbutazone, flunixin, and ketoprofen, if
administered in compliance with Section 8 of this administrative regulation.
(6) "Positive
finding" means the commission laboratory has conducted testing and
determined that a drug, medication, or substance, the use of which is
restricted or prohibited by this administrative regulation, 810 KAR 1:040,
or 810 KAR 1:110, was present in the sample.
(a) For the drugs,
medications, or substances listed in[Section 2(3), 6, or 8 of] this
administrative regulation or 810 KAR 1:040 for which an established
concentration level is provided, it shall be necessary to have a finding in
excess of the established concentration level as provided[in this
administrative regulation] for the finding to be considered a positive
finding.
(b) Positive finding[findings]
also includes[include]:
1. Substances
present in the horse in excess of concentrations at which the substances could
occur naturally; except for[provided, however, that]
gamma amino butyric acid and cobalt, which have[shall
not be present in] concentrations[greater
than as] provided in Section 2(4) of this administrative
regulation; and
2. Substances
foreign to a horse at concentrations that cause interference with testing
procedures.
(7) "Primary
sample" means the primary sample portion of the biologic specimen taken
under the supervision of the commission veterinarian to be tested by the
commission laboratory.
(8) "Split
sample" means the split sample portion of the biologic specimen taken
under the supervision of the commission veterinarian to be tested by the split
sample laboratory.
(9) "Split
sample laboratory" means the laboratory approved by the commission to test
the split sample portion of the biologic specimen from horses taken under the
supervision of the commission veterinarian.
(10) "Test
barn" means a fenced enclosure sufficient in size and facilities to
accommodate the stabling of horses temporarily detained for obtaining specimens
for pre-race and post-race testing.
(11)
"Therapeutic AAS" means boldenone, nandrolone, or testosterone.
Section 2. Use of
Medication. (1) Therapeutic measures and medication necessary to improve or
protect the health of a horse shall be administered to a horse in training
under the direction of a licensed veterinarian.
(2) Except as
otherwise provided in Sections 4, 5, 6, and 8 of this administrative
regulation, while participating in a race, a horse shall not carry in its body
any drug, medication, substance, or metabolic derivative, that:
(a) Is a narcotic;
(b) Could serve as
an anesthetic or tranquilizer;
(c) Could
stimulate, depress, or affect the circulatory, respiratory, cardiovascular,
musculoskeletal, or central nervous system of a horse; or
(d) Might mask or
screen the presence of a prohibited drug, or prevent or delay testing
procedures.
(3) Therapeutic
medications shall not be present in excess of established threshold
concentrations set forth in this administrative regulation or in 810 KAR
1:040.[The threshold for furosemide is set forth in Section 6 of this
administrative regulation.] The thresholds for permitted NSAIDs are set
forth in Section 8 of this administrative[administrated]
regulation.
(4) Except as
provided by paragraphs (a) and (b) of this subsection, a substance shall
not be present in a horse in excess of a concentration at which the substance
could occur naturally[if it affects the performance of a horse]. It
shall be the responsibility of the commission to prove that the substance was
in excess of normal concentration levels.
(a) Gamma amino
butyric acid shall not be present in a concentration greater than 110 nanograms
per milliliter in serum or plasma.[; and]
(b) Cobalt
shall not be present in a concentration greater than twenty-five (25) parts per
billion in serum or plasma.
(5) It shall be
prima facie evidence that a horse was administered and carried, while running
in a race, a drug, medication, substance, or metabolic derivative thereof
prohibited by this section if:
(a) A biologic
specimen from the horse was taken under the supervision of the commission
veterinarian promptly after a horse ran in a race; and
(b) The commission
laboratory presents to the commission a report of a positive finding.
(6) The commission
shall utilize the Kentucky Horse Racing Commission Uniform Drug, Medication,
and Substance Classification Schedule as provided in 810 KAR 1:040, for
classification of drugs, medications, and substances violating this
administrative regulation. Penalties for violations of this administrative
regulation shall be implemented in accordance with 810 KAR 1:028.
Section 3.
Treatment Restrictions. (1) Except as provided in Section 4 of this
administrative regulation, a person other than a veterinarian licensed to
practice veterinary medicine in Kentucky and licensed by the commission shall
not administer a prescription or controlled drug, medication, or other
substance to a horse at a location under the jurisdiction of the commission.
(2) The only injectable
substance[injectables] allowed within twenty-four (24) hours prior
to post time of the race in which the horse is entered shall be furosemide, as
set forth in Section 6 of this administrative regulation.
(3) Except as
provided by subsection (5) of this section, a person other than a veterinarian
licensed to practice veterinary medicine in Kentucky and licensed by the
commission shall not possess a hypodermic needle, syringe, or injectable of any
kind at a location under the jurisdiction of the commission.
(4) A veterinarian
licensed to practice veterinary medicine in Kentucky and licensed by the
commission shall use only single-use disposable needles and syringes, and shall
dispose of them in a container approved by the commission veterinarian.
(5) If a person
regulated by the commission has a medical condition that makes it necessary to
have a needle and syringe at a location under the jurisdiction of the
commission, the person shall request prior permission from the stewards and
furnish a letter from a licensed physician explaining why it is necessary for
the person to possess a needle and syringe. The stewards may grant approval for
a person to possess and use a needle and syringe at a location under the
jurisdiction of the commission, but may also establish necessary restrictions
and limitations.
(6) A commission
employee may accompany a veterinarian at a location under the jurisdiction of
the commission and take possession of a syringe, needle, or other device used
to administer a substance to a horse.
Section 4. Certain
Permitted Substances. Liniments, antiseptics, antibiotics, ointments, leg
paints, washes, and other products commonly used in the daily care of horses
may be administered by a person, other than a licensed veterinarian if:
(1) The treatment
does not include any drug, medication, or substance otherwise prohibited by
this administrative regulation;
(2) The treatment
is not injected; and
(3) The person is
acting under the direction of a licensed trainer or veterinarian licensed to
practice veterinary medicine in Kentucky and licensed by the commission.
Section 5.
Antiulcer Medications. The following antiulcer medications may be administered
orally, at the dosage stated in this section, up to twenty-four (24) hours
prior to post time of the race in which the horse is entered:
(1) Cimetidine
(TagametÒ): 8-20 milligrams
per kilogram[mg/kg];
(2) Omeprazole
(GastrogardÒ): two and two-tenths
(2.2) grams;
(3) Ranitidine
(ZantacÒ): eight (8) milligrams
per kilogram[mg/kg]; and
(4) Sucralfate[Sulcrafate]:
2-4 grams.
Section 6.
Furosemide Use on Race Day. (1) Furosemide may be administered, in accordance
with this section, to a horse that is entered to compete in a race.
(2)(a) The
commission veterinarian shall administer furosemide prior to a race.
(b) If the
commission veterinarian is unavailable to administer furosemide to a horse
prior to a race, the commission shall approve a licensed veterinarian to
perform the administration. The approved licensed veterinarian shall agree to
comply with all of the applicable administrative regulations regarding the
administration of furosemide on race day.
(c) If the
furosemide is administered by an approved licensed veterinarian, the
administering veterinarian shall provide a written report to the commission
veterinarian no later than two (2) hours prior to post time of the race in
which the horse receiving the furosemide is competing.
(3) Furosemide may
be used under the[following] circumstances established
in this subsection.[:]
(a) Furosemide
shall be administered at a location under the jurisdiction of the commission,
by a single intravenous injection, not less than four (4) hours prior to post
time for the race in which the horse is entered.
(b) The furosemide
dosage administered shall not exceed 500 milligrams[mg], nor be
less than 150 milligrams[mg].
(c) The specific
gravity of a post-race urine sample shall not be below 1.010. If the specific
gravity of the post-race urine sample is determined to be below 1.010, a
quantification of furosemide in[blood] serum or plasma shall be
performed. If a horse fails to produce a urine specimen, the commission
laboratory shall perform a quantification of furosemide in the[blood]
serum or plasma specimen. Concentrations above 100 nanograms of furosemide per
milliliter of[blood] serum or plasma shall constitute a violation of
this section.
(4) The initial
cost of administering the furosemide shall be twenty (20) dollars per
administration. The commission shall monitor the costs associated with
administering furosemide and consult with industry representatives to determine
if the cost should be lowered based on prevailing veterinarian services and
supplies. The commission shall maintain records documenting the basis for its
determination, and if the cost is determined to be less than twenty (20)
dollars per administration, then the commission shall lower the cost
accordingly. The cost shall be prominently posted in the racing office.
Section 7.
Furosemide Eligibility. (1)(a) A horse shall be eligible to race with
furosemide if the licensed trainer or a licensed veterinarian determines that
it would be in the horse's best interests to race with furosemide. Notice that
a horse will race with or without furosemide shall be made at the time of entry
to ensure public notification, including publication in the official racing
program.
(b) It shall
constitute a violation of this administrative regulation if notice is made
pursuant to this section that a horse will race with furosemide, and the
post-race urine,[blood] serum, or plasma does not show a
detectable concentration of furosemide in the post-race urine,[blood]
serum, or plasma.
(c) Horses
eligible for furosemide and entered to start may be monitored by a
commission-approved representative during the four (4) hour period prior to
post time of the race in which the horse is entered.
(2) After a horse
has been determined to no longer be required to receive furosemide, the horse
shall not be eligible to receive furosemide unless the licensed trainer or a
licensed veterinarian determines that it would be in the horse’s best interest
to race with furosemide and the licensed trainer or a licensed veterinarian
complies with the requirements of this section.
Section 8.
Permitted Non-steroidal Anti-inflammatory Drugs (NSAIDs). (1) One (1) of the
following NSAIDs may be used by a single intravenous injection not less than
twenty-four (24) hours prior to post time for the race in which the horse is
entered if the concentration in the horse’s specimen does not exceed the
following levels when tested post-race[post race]:
(a) Phenylbutazone
- not to exceed two (2) micrograms per milliliter of[blood] serum or
plasma;
(b) Flunixin - not
to exceed twenty (20) nanograms per milliliter of[blood] serum or
plasma; and
(c) Ketoprofen -
not to exceed two (2)[ten (10)] nanograms per milliliter of[blood]
serum or plasma.
(2) NSAIDS,
including the permitted NSAIDs, shall not be administered within twenty-four
(24) hours prior to post time for the race in which the horse is entered. However,
as provided in 810 KAR 1:040, the recommended withdrawal guideline for flunixin
is thirty-two (32) hours prior to post time for the race in which the horse is
entered.
(3)(a) The use of
any NSAID other than the permitted NSAIDs, and the use of multiple permitted
NSAIDs shall be discontinued at least forty-eight (48) hours prior to post time
for the race in which the horse is entered.
(b) A finding of
phenylbutazone below a concentration of three tenths (0.3)[one-half
(.5)] microgram per milliliter of[blood] serum or plasma shall not
constitute a violation of this section.
(c) A finding of
flunixin below a concentration of three (3) nanograms per milliliter of[blood]
serum or plasma shall not constitute a violation of this section.
(d) A finding
of ketoprofen below a concentration of one (1) nanogram per milliliter of serum
or plasma shall not constitute a violation of this section.
(4) A horse that
has been administered an NSAID shall be subject to collection of a biologic
specimen under the supervision of the commission veterinarian to determine the
quantitative NSAID level present in the horse or the presence of other drugs in
the horse.
Section 9.
Anabolic Steroids. (1) An exogenous AAS shall not be present in a horse that is
racing. The detection of an exogenous AAS or metabolic derivative in a
post-race or a pre-race sample after the horse has been entered shall constitute
a violation of this administrative regulation.
(2) The detection
in a post-race sample of an endogenous AAS or metabolic derivative where the
concentration of the AAS, a metabolite, a marker, or any relevant ratio as has
been published in peer-reviewed scientific literature deviates from a naturally
occurring physiological level shall constitute a violation of this
administrative regulation. The following shall be deemed to be naturally
occurring physiological levels:
(a) Boldenone[(free
and conjugated)]:
1. In male horses
other than geldings, free and conjugated boldenone fifteen (15) nanograms
per milliliter[- 15 ng/ml] in urine or free boldenone 200 picograms
per milliliter[pg/ml] in[blood] serum or plasma; and
2. In geldings and
female horses, free and conjugated boldenone one (1) nanogram per
milliliter in urine[shall not be permitted].
(b) Nandrolone[(free
and conjugated)]:
1. In geldings,
free and conjugated nandrolone one (1) nanogram per milliliter[- 1 ng/ml]
in urine or free nandrolone fifty (50) picograms per milliliter[50
pg/ml] in[blood] serum or plasma;
2. In fillies and
mares, free and conjugated nandrolone one (1) nanogram per milliliter[-
1 ng/ml] in urine or free nandrolone fifty (50) picograms per milliliter[50
pg/ml] in[blood] serum or plasma; and
3. In male horses
other than geldings, forty-five (45) nanograms per milliliter[ - 45
ng/ml] of metabolite, 5α-estrane-3β, 17α-diol in urine or a
ratio in urine of 5α-estrane-3β, 17α-diol to
5α-estrene-3β, 17α-diol of >1:1.
(c) Testosterone[(free
and conjugated)]:
1. In geldings,
free and conjugated testosterone twenty (20) nanograms per milliliter[-
20 ng/ml] in urine or free testosterone twenty-five (25) picograms per
milliliter[25 pg/ml] in[blood] serum or plasma; and
2. In fillies and
mares (unless in foal), free and conjugated testosterone fifty-five (55)
nanograms per milliliter[- 55 ng/ml] in urine or free
testosterone twenty-five (25) picograms per milliliter[25 pg/ml] in[blood]
serum or plasma.
(3) In accordance
with this subsection, a horse may receive one (1) therapeutic AAS.
(a) The
therapeutic AAS shall be given for the sole purpose of treating an existing
illness or injury having been diagnosed by the regular attending veterinarian.
An owner or trainer who is uncertain about whether a particular purpose is
considered to be therapeutic shall consult with the commission prior to administration.
(b) The horse
shall be ineligible to race in Kentucky until all of the following have
occurred:
1. A minimum of
sixty (60) days has passed since the administration of the therapeutic AAS to
the horse;
2. A relevant
specimen is taken from the horse;
3. The sample is
tested for AAS by the commission[a] laboratory[from the
approved list established by the commission] at the expense of the owner of
the horse; and
4. The commission
has received a report from the commission laboratory of a negative
finding regarding the sample.
(c) A report from
the commission laboratory of a negative finding in a pre-race sample does not
provide a safe harbor for the owner, trainer, veterinarian or horse. A report
from the commission laboratory of a positive finding in a post-race sample
shall be treated as a violation of this administrative regulation even if there
was a negative finding by the commission laboratory in a pre-race sample.
(d) The horse
shall not be entered into a race until at least sixty (60) days after the
administration of the therapeutic AAS to the horse.
(e) Procedures
for administration of therapeutic AAS.
1. A therapeutic AAS
shall be administered by a licensed veterinarian.
2. Other treatment
methods shall be investigated prior to considering the use of therapeutic AAS.
3. Medical records
for the horse shall document:
a. Consideration
of alternative treatment methods; and
b. The necessity
for administering the therapeutic AAS.
4. The
administering veterinarian shall record on the Therapeutic AAS Administration
Form the following information:
a. The therapeutic
AAS administered, the amount in milligrams, route, and site of administration;
b. The date and
time of administration;
c. The name, age,
sex, color, and registration certificate number of the horse to which the
therapeutic AAS is administered; and
d. The diagnosis
and justification for administration of the therapeutic AAS to the horse.
5. The Therapeutic
AAS Administration Form shall be signed by the veterinarian administering the
medication.
6. The Therapeutic
AAS Administration Form shall be delivered electronically to the commission
equine medical director within seventy-two (72) hours after administration. If
the Therapeutic AAS Administration Form cannot be delivered electronically, the
veterinarian shall file the form with the equine medical director in person or
through the mail. The submitting veterinarian shall confirm receipt by the
equine medical director.
(4) Substances
referred to in subsections (1) and (2) of this section are "Class B"
drugs. A positive test for an exogenous AAS or for an amount of an endogenous
AAS in excess of a concentration referred to in subsection (2) of this section
shall be subject to the penalties referred to in 810 KAR 1:028.
(5)(a) The
detection of a therapeutic AAS or metabolic derivative in any sample in excess
of a threshold level set forth in subsection (2) of this section shall
constitute a violation.
(b) Each separate
therapeutic AAS detected in excess of a threshold level shall constitute a
separate violation.
(6) The trainer
and veterinarian for the horse shall be charged accordingly and shall be
subject to penalties for a violation of this administrative regulation.
(7)(a) A claimed
horse may be tested for the presence of an AAS if the claimant requests the
test when the claim form is completed and deposited in the association’s claim
box. The claimant shall bear the costs of the test. The results of the test
shall be reported to the chief state steward.
(b) If a test is
positive, the claim may be voided at the option of the claimant and the
claimant shall be entitled to return of all sums paid for the claimed horse,
expenses incurred after the date of the claim, and the costs of testing.
(c)[If the test
is negative, the claimant shall reimburse the entity paying for the testing or
the prior owner for the cost of the testing.
(d)] While
awaiting test results, a claimant:
1. Shall exercise
due care in maintaining and boarding a claimed horse; and
2. Shall not
materially alter a claimed horse.
(8) The gender of
the horse from which a post-race biologic specimen is collected shall be
identified to the commission veterinarian and the testing laboratory.
(9) Only a
licensed veterinarian may possess or administer a therapeutic AAS.
Section 10. Test
Barn. (1) During a licensed meet, a licensed association shall provide and
maintain a test barn on association grounds.
(2) The test barn
shall be a fenced enclosure sufficient in size and facilities to accommodate
the stabling of horses temporarily detained for the taking of biologic
specimens for pre-race and post-race testing.
(3) The test barn
shall be under the supervision and control of the commission veterinarian.
Section 11. Sample
Collection, Testing, and Reporting. (1) Sample collection shall be done in
accordance with the procedures provided in this administrative regulation,
810 KAR 1:130, and under the instructions provided by the commission
veterinarian.
(2) The commission
veterinarian shall determine a minimum sample requirement for the commission
laboratory which shall be uniform for each horse and which shall be separated
into primary and split samples.
(3) An owner or
trainer may request that a split sample be:
(a) Taken from a
horse he owns or trains by the commission veterinarian; and
(b) Tested by the
split sample laboratory.
(4) The cost of
testing under subsection (3) of this section, including shipping, shall be
borne by the owner or trainer requesting the test.
(5)(a) Stable
equipment other than that necessary for washing and cooling out a horse shall
not be permitted in the test barn.
(b) Buckets and
water shall be furnished by the commission veterinarian.
(c) If a body
brace is to be used on a horse, it shall:
1. Be supplied by
the trainer; and
2. Applied only
with the permission and in the presence of the commission veterinarian or his
designee.
(d) A licensed
veterinarian may attend to a horse in the test barn only with the permission
and in the presence of the commission veterinarian or his designee.
(6) Within five
(5) business days of receipt of notification by the commission laboratory of a
positive finding, the commission shall notify the owner and trainer orally or
in writing of the positive finding.
(7) The stewards
shall schedule a hearing within fourteen (14) calendar days of notification by
the commission to the owner and trainer. The hearing may be continued if the
stewards determine a continuation is necessary to effectively resolve the
issue.
Section 12.
Storage and Shipment of Split Samples. (1) Split samples shall be secured and
made available for further testing in accordance with the[following]
procedures established in this subsection.[:]
(a) Split samples
shall be secured in the test barn in the same manner as the primary samples for
shipment to the commission laboratory, as addressed in Section 11 of this
administrative regulation, until the primary samples are packed and secured for
shipment to the commission laboratory. Split samples shall then be transferred
to a freezer or refrigerator at a secure location approved and chosen by the
commission.[;]
(b) A freezer or
refrigerator for storage of split samples shall be equipped with a lock. The
lock shall be secured to prevent access to the freezer or refrigerator at all times
except as specifically provided by paragraph (c) of this subsection.[;]
(c) A freezer or
refrigerator for storage of split samples shall be opened only for depositing
or removing split samples, for inventory, or for checking the condition of
samples.[;]
(d) A log shall be
maintained by the commission veterinarian that shall be used each time a split
sample freezer or refrigerator is opened to specify each person in attendance,
the purpose for opening the freezer or refrigerator, identification of split
samples deposited or removed, the date and time the freezer or refrigerator was
opened, the time the freezer or refrigerator was closed, and verification that
the lock was secured prior to and after opening of the freezer or refrigerator.
A commission veterinarian or his designee shall be present when the freezer or
refrigerator is opened.[;]
(e) Evidence of a
malfunction of a split sample freezer or refrigerator shall be documented in
the log.[; and]
(f) The commission
shall be considered the owner of a split sample.
(2)(a) A trainer
or owner of a horse receiving notice of a positive finding may request that a
split sample corresponding to the portion of the sample tested by the
commission laboratory be sent to the split sample laboratory. The party requesting
the split sample shall select[from] a laboratory solicited and[list
of laboratories] approved by the commission to perform the analysis.
(b) The request
shall be made in writing and delivered to the stewards within three (3)
business days after the trainer or owner of the horse receives oral or written
notice of the positive finding by the commission laboratory.
(c) A split sample
so requested shall be shipped as expeditiously as possible.
(3)(a) The owner
or trainer requesting testing of a split sample shall be responsible for the
cost of the testing, including the cost of shipping.
(b) Failure of the
owner, trainer, or a designee to appear at the time and place designated by the
commission veterinarian in connection with securing, maintaining, or shipping
the split sample shall constitute a waiver of any right to be present during
split sample testing procedures.
(c) Prior to
shipment of the split sample, the commission shall confirm:
1. That the split
sample laboratory has agreed to provide the testing requested;
2. That the split
sample laboratory has agreed to send results to the commission; and
3. That
arrangements for payment satisfactory to the split sample laboratory have been
made.
[(d) The
commission shall maintain a list of laboratories approved for the testing of
split samples and the list shall be on file at the offices of the commission.]
Section 13. Split
Sample Chain of Custody. (1) Prior to opening the split sample freezer or
refrigerator, the commission shall provide a split sample chain of custody
verification form. The form to be used shall be the Split Sample Chain of
Custody Form. The form shall be fully completed during the retrieval,
packaging, and shipment of the split sample and shall contain the following
information:
(a) The date and
time the sample is removed from the split sample freezer or refrigerator;
(b) The sample
number; and
(c) The address
where the split sample is to be sent.
(2) A split sample
shall be removed from the split sample freezer or refrigerator by a commission
employee after notice to the owner, trainer, or designee thereof and a
commission-designated representative shall pack the split sample for shipment
in accordance with the packaging procedures directed by the commission. The
Split Sample Chain of Custody Form shall be signed by both the owner's
representative, if present, and the commission representative to confirm the
proper packaging of the split sample for shipment. The exterior of the package
shall be secured and sealed to prevent tampering with the package.
(3) The owner,
trainer, or designee, if present, may inspect the package containing the split
sample immediately prior to transfer to the delivery carrier to verify that the
package is intact and has not been tampered with.
(4) The Split
Sample Chain of Custody Form shall be completed and signed by the
representative of the commission and the owner, trainer, or designee, if
present.
(5) The commission
representative shall retain the original Split Sample Chain of Custody Form and
provide a copy to the owner, trainer, or designee, if requested.
Section 14.
Medical Labeling. (1) A licensee on association grounds shall not have within
his or her possession, or within his or her personal control, a drug,
medication, or other substance that is prohibited from being administered to a
horse on a race day unless the product is properly and accurately labeled.
(2) A drug or
medication which, by federal or state law, requires a prescription shall not be
used or kept on association grounds unless validly prescribed by a
duly-licensed veterinarian.
(3) A drug or
medication shall bear a prescription label which is securely attached and
clearly ascribed to show the following:
(a) The name of
the product;
(b) The name,
address, and telephone number of the veterinarian prescribing or dispensing the
product;
(c) The name of
the horse for which the product is intended or prescribed;
(d) The dosage,
duration of treatment, and expiration date of the prescribed or dispensed
product; and
(e) The name of
the trainer to whom the product was dispensed.
Section 15. Trainer Responsibility. (1) A trainer shall be
responsible for the condition of a horse in his or her care.
(2) A trainer
shall be responsible for the presence of a prohibited drug, medication,
substance, or metabolic derivative, including permitted medication in excess of
the maximum-allowable concentration, in horses in his or her care.
(3) A trainer
shall prevent the administration of a drug, medication, substance, or metabolic
derivative that may constitute a violation of this administrative regulation.
(4) A trainer
whose horse has been claimed shall remain responsible for a violation of this
administrative regulation regarding that horse's participation in the race in
which the horse is claimed.
(5) A trainer
shall be responsible for:
(a) Maintaining
the assigned stable area in a clean, neat, and sanitary condition at all times;
(b) Using the
services of those veterinarians licensed by the commission to attend to horses
that are on association grounds;
(c) The proper
identity, custody, care, health, condition, and safety of horses in his or her
care;
(d) Promptly
reporting the alteration of the sex of a horse to the horse identifier and the
racing secretary;
(e) Promptly reporting
to the racing secretary and the commission veterinarian if a posterior digital
neurectomy (heel nerving) is performed on a horse in his or her care and
ensuring that this fact is designated on its certificate of registration;
(f) Promptly
reporting to the racing secretary the name of a mare in his or her care that
has been bred and is entered to race;
(g) Promptly
notifying the commission veterinarian of a reportable disease or communicable
illness in a horse in his or her care;
(h) Promptly reporting
the serious injury or death of a horse in his or her care at a location under
the jurisdiction of the commission to the stewards and the commission
veterinarian and ensuring compliance with Section 22 of this administrative
regulation and 810 KAR 1:012, Section 14, governing postmortem examinations;
(i) Maintaining a
medication record and medication status of horses in his or her care;
(j) Promptly
notifying the stewards and the commission veterinarian if the trainer has
knowledge or reason to believe that there has been an administration to a horse
of a drug, medication, or other substance prohibited by this administrative
regulation or has knowledge or reason to believe that a prohibited practice has
occurred as set forth in Section 20 of this administrative regulation;
(k) Ensuring the
fitness of every horse in his or her care to perform creditably at the distance
entered;
(l) Ensuring that
every horse he or she has entered to race is present at its assigned stall for
a pre-race soundness inspection as prescribed by 810 KAR 1:024, Section 4(1)(d)
and (l) and 4(2);
(m) Ensuring
proper bandages, equipment, and shoes;
(n) Ensuring the
horse’s presence in the paddock at least twenty (20) minutes prior to post
time, or at a time otherwise prescribed, before the race in which the horse is
entered;
(o) Personally
attending in the paddock and supervising the saddling of a horse in his or her
care, unless an assistant trainer fulfills these duties or the trainer is
excused by the stewards pursuant to 810 KAR 1:008, Section 3(6); and
(p) Attending the
collection of a biologic specimen taken from a horse in his or her care or
delegating a licensed employee or the owner to do so.
Section 16.
Licensed Veterinarians. (1) A veterinarian licensed by the commission and
practicing at a location under the jurisdiction of the commission shall be
considered under the supervision of the commission veterinarian and the
stewards.
(2) A veterinarian
shall report to the stewards or the commission veterinarian a violation of this
administrative regulation by a licensee.
Section 17.
Veterinary Reports. (1) A veterinarian who treats a horse at a location under
the jurisdiction of the commission shall submit a Veterinary Report of Horses
Treated to be Submitted Daily form to the commission veterinarian containing
the following information:
(a) The name of
the horse treated;
(b) The type and
dosage of drug or medication administered or prescribed;
(c) The name of
the trainer of the horse;
(d) The date and
time of treatment; and
(e) Other
pertinent treatment information requested by the commission veterinarian.
(2) The Veterinary
Report of Horses Treated to be Submitted Daily form shall be signed by the
treating practicing veterinarian.
(3) The Veterinary
Report of Horses Treated to be Submitted Daily form shall be on file not later
than the time prescribed on the next race day by the commission veterinarian.
(4) The Veterinary
Report of Horses Treated to be Submitted Daily form shall be confidential, and
its content shall not be disclosed except in the course of an investigation of
a possible violation of this administrative regulation or in a proceeding
before the stewards or the commission, or to the trainer or owner of record at
the time of treatment.
(5) A timely and
accurate filing of a Veterinary Report of Horses Treated to be Submitted Daily
form by the veterinarian or his designee that is consistent with the analytical
results of a positive test reported by the commission laboratory may be used as
a mitigating factor in determining the appropriate penalties pursuant to 810
KAR 1:028.
(6) A veterinarian
having knowledge or reason to believe that a horse entered in a race has
received a drug, medication, or substance prohibited under this administrative
regulation or has knowledge or reason to believe that a prohibited practice has
occurred as set forth in Section 20 of this administrative regulation shall
report this fact immediately to the commission veterinarian or to the stewards.
(7) A practicing
veterinarian shall maintain records of all horses treated and of all
medications sold or dispensed. The records shall include:
(a) The name of
the horse;
(b) The trainer of
the horse;
(c) The date,
time, amount, and type of medication administered;
(d) The drug or
compound administered;
(e) The method of
administration; and
(f) The diagnosis.
(8) The records
shall be retained for at least sixty (60) days after the horse has raced and
shall be available for inspection by the commission.
Section 18.
Veterinarian's List. (1) The commission veterinarian shall maintain a list of
horses determined to be unfit to compete in a race due to illness, physical
distress, unsoundness, infirmity, or other medical condition.
(2) A horse may be
removed from the veterinarian's list when, in the opinion of the commission
veterinarian, the horse is capable of competing in a race.
(3) The commission[veterinarian]
shall maintain a bleeder list of all horses that have demonstrated external
evidence of exercise-induced pulmonary hemorrhage during or after a race or
workout as observed by the commission veterinarian.
(4) Every horse
that is a confirmed bleeder, regardless of age, shall be placed on the bleeder
list and be ineligible to race for the following time periods:
(a) First incident
- fourteen (14) days;
(b) Second
incident within a 365-[three hundred sixty-five (365)]day period
- thirty (30) days;
(c) Third incident
within a 365-[three hundred sixty-five (365)]day period – 180[one
hundred eighty (180)] days; and
(d) Fourth
incident within a 365-[three hundred sixty-five (365)]day period
- barred from racing for life.
(5) For the
purpose of counting the number of days a horse is ineligible to run, the day
after the horse bled externally shall be the first day of the recovery period.
(6) The voluntary
administration of furosemide without an external bleeding incident shall not
subject a horse to the initial period of ineligibility as defined in this
section.
(7) A horse that
has been placed on a bleeder list in another jurisdiction may be placed on the
bleeder list maintained by the commission veterinarian.
Section 19.
Distribution of Purses, Barn Searches, and Retention of Samples. (1) For all
races, purse money shall be paid pursuant to the process provided in 810 KAR 1:026, Section 28(3).
(2) The
distribution of purse money prior to the issuance of a final laboratory report
shall not be considered a finding that no prohibited drug, medication,
substance, or metabolic derivative has been administered to a horse.
(3) After the
commission laboratory issues a positive finding, the executive director of the
commission or the stewards may[shall immediately] authorize and
execute an investigation into the circumstances surrounding the incident that
is the subject of the positive finding.
(4) At the
conclusion of the investigation, a report shall be prepared and filed with the
executive director and chairman of the commission detailing the findings of the
investigation.
(5) If the purse
money has been distributed, the stewards shall order the money returned at the
conclusion of an investigation finding that a prohibited drug, medication,
substance, or metabolic derivative was administered to a horse eligible for
purse money.
(6) At the
conclusion of testing by the commission laboratory and split sample laboratory,
the remaining portion of the samples at the commission laboratory and split
samples remaining at the test barn may be retained at a proper temperature at a
secure facility approved and chosen by the commission. If a report indicating a
positive finding has been issued, the commission shall use its best reasonable
efforts to retain any remaining portion of the sample until legal proceedings
have concluded. The commission may freeze samples.
Section 20. Other
Prohibited Practices. (1) A drug, medication, or substance shall not be
possessed or used by a licensee, or his designee or agent, to a horse within a
nonpublic area at a location under the jurisdiction of the commission:
(a) The use of
which may endanger the health and welfare of the horse; or
(b) The use of
which may endanger the safety of the rider.
(2) Without the
prior permission of the commission or its designee, a drug, medication, or
substance that has never been approved by the United States Food and Drug
Administration (USFDA) for use in humans or animals shall not be possessed or
used at a location under the jurisdiction of the commission. The commission
shall determine whether to grant prior permission after consultation with the
Equine Drug Research Council.
(3) The following
blood-doping agents shall not be possessed or used at a location under the
jurisdiction of the commission:
(a)
Erythropoietin;
(b) Darbepoietin;
(c) OxyglobinÒ;
(d) HemopureÒ; or
(e) Any substance
that abnormally enhances the oxygenation of body tissue.
(4) A treatment,
procedure, or therapy shall not be practiced, administered, or applied which
may:
(a) Endanger the
health or welfare of a horse; or
(b) Endanger the
safety of a rider.
(5) Extracorporeal
Shock Wave Therapy or Radial Pulse Wave Therapy shall not be used unless the[following]
conditions established in this subsection are met.[:]
(a) A treated
horse shall not race for a minimum of ten (10) days following treatment.[;]
(b) A veterinarian
licensed to practice by the commission shall administer the treatment.[;]
(c) The commission
veterinarian shall be notified prior to the delivery of the machine on
association grounds.[; and]
(d) A report shall
be submitted by the veterinarian administering the treatment to the commission
veterinarian on the[Kentucky Horse Racing Commission] Veterinary Report
of Horses Treated with Extracorporeal Shock Wave Therapy or Radial Pulse Wave
Therapy form within twenty-four (24) hours of treatment.
(6) Other than
furosemide, an alkalizing substance that could alter the[blood] serum or
plasma pH or concentration of bicarbonates or carbon dioxide in a horse shall
not be used within twenty-four (24) hours prior to post time of the race in
which the horse is entered.
(7) Without the
prior permission of the commission veterinarian or his designee, based on
standard veterinary practice for recognized conditions, a nasogastric tube
which is longer than six (6) inches shall not be used for the administration of
any substance within twenty-four (24) hours prior to post time of the race in
which the horse is entered.
(8) A[blood]
serum or plasma total carbon dioxide (TCO2) level shall not exceed thirty-seven
(37.0)[37.0] millimoles per liter in a horse; except a[no]
violation shall not exist if the TCO2 level
is found to be normal for the horse following the quarantine procedure set
forth in Section 21 of this administrative regulation.
(9) A blood gas
machine shall not be possessed or used by a person other than an authorized
representative of the commission at a location under the jurisdiction of the
commission.[; and]
(10) A shock wave
therapy machine or radial pulse wave therapy machine shall not be possessed or
used by anyone other than a veterinarian licensed by the commission at a location
under the jurisdiction of the commission.
Section 21. TCO2 Testing
and Procedures. (1)(a) The stewards or commission veterinarian may order the
pre-race or post-race collection of blood specimens from a horse to determine
the total carbon dioxide concentration in the[blood] serum or plasma of
the horse. The winning horse and other horses, as selected by the stewards, may
be tested in each race to determine if there has been a violation of this
administrative regulation.
(b) Pre-race
testing shall be done at a reasonable time, place, and manner directed by the
chief state steward in consultation with the commission veterinarian.
(c) A specimen
consisting of at least two (2) blood tubes shall be taken from a horse to
determine the TCO2 concentration in the[blood] serum or
plasma of the horse. If the commission laboratory determines that the TCO2
level exceeds thirty-seven (37.0)[(37)] millimoles per liter, the
executive director of the commission shall be informed of the positive finding.
(d) Split sample
testing for TCO2 may be requested by an owner or trainer in advance
of the collection of the specimen by the commission veterinarian; however, the
collection and testing of a split sample for TCO2 testing shall be
done at a reasonable time, place, and manner directed by the commission
veterinarian.
(e) The cost of
split sample testing, including the cost of shipping, shall be borne by the
owner or the trainer.
(2)(a) If the
level of TCO2 is determined to exceed thirty-seven (37.0)[(37)]
millimoles per liter and the licensed owner or trainer of the horse certifies
in writing to the stewards within twenty-four (24) hours after the notification
of the test result that the level is normal for that horse, the owner or
trainer may request that the horse be held in quarantine. If quarantine is
requested, the licensed association shall make guarded quarantine available for
that horse for a period of time to be determined by the stewards, but in no
event for more than seventy-two (72) hours.
(b) The expense
for maintaining the quarantine shall be borne by the owner or trainer.
(c) During
quarantine, the horse shall be retested periodically by the commission
veterinarian.
(d) The horse
shall not be permitted to race during a quarantine period, but it may be
exercised and trained at times prescribed by the licensed association and in a
manner that allows monitoring of the horse by a commission representative.
(e) During
quarantine, the horse shall be fed only hay, oats, and water.
(f) If the
commission veterinarian is satisfied that the horse’s level of TCO2,
as registered in the original test, is physiologically normal for that horse,
the stewards:
1. Shall permit
the horse to race; and
2. May require
repetition of the quarantine procedure set forth in paragraphs (a) through (f)
of this subsection to reestablish that the horse's TCO2 level
is physiologically normal.
Section 22.
Postmortem Examination. (1) A horse that dies or is euthanized on the grounds
of a licensed association or training center under the jurisdiction of the
commission shall undergo a postmortem examination at the discretion of the
commission and at a facility designated by the commission, through its
designee, as provided in 810 KAR 1:012, Section 14.
(2) The commission
shall bear the cost of an autopsy that is required by the commission.
(3) The presence
of a prohibited drug, medication, substance, or metabolic derivative thereof in
a specimen collected during the postmortem examination of a horse may
constitute a violation of this administrative regulation.
Section 23.
Incorporation by Reference. (1) The following material is incorporated by
reference:
(a)
"Veterinary Report of Horses Treated to be Submitted Daily", KRC-2,
8/97;
(b) "Split
Sample Chain of Custody Form", KHRC 18-01, 4/12;
(c) "[Kentucky
Horse Racing Commission]Veterinary Report of Horses Treated with
Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy", KHRC
18-02, 8/15[4/12]; and
(d)
"Therapeutic AAS Administration Form", KHRC 18-03, 4/12.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Kentucky Horse
Racing Commission, 4063 Iron Works[Ironworks] Parkway, Building
B, Lexington, Kentucky 40511, Monday through Friday, 8:00 a.m. to 4:30 p.m.
This material is also available on the commission’s Web site at http://khrc.ky.gov.
ROBERT M. BECK, JR.,
Chairman
AMBROSE WILSON IV,
Secretary
APPROVED BY
AGENCY: September 14, 2015
FILED WITH LRC:
September 14, 2015 at 4 p.m.
CONTACT PERSON: Susan
B. Speckert, General Counsel, Kentucky Horse Racing Commission, 4063 Iron Works
Parkway, Building B, Lexington, Kentucky 40511, phone (859) 246-2040, fax (859)
246-2039, email susan.speckert@ky.gov.
