Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
230.215,
230.225,
230.240,
230.260,
230.265,
230.290,
230.320,
230.370
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
230.215(2),
230.260(8), and
230.320 authorize 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) "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 8:020,
810 KAR 8:025, or
810 KAR 8:040, was present in the
sample.
(a) For the drugs, medications, or
substances listed in this administrative regulation,
810 KAR 8:020, or
810 KAR 8:025, 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 for the
finding to be considered a positive finding.
(b) Positive finding also includes:
1. Substances present in the horse in excess
of concentrations at which the substances could occur naturally; and
2. Substances foreign to a horse that cause
interference with testing procedures.
(6) "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.
(7) "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.
(8) "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.
(9) "Test barn" means
a fenced enclosure sufficient in size and facilities to accommodate the
stabling of horses temporarily detained for obtaining biologic specimens for
testing.
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
expressly permitted in 810 KAR Chapter 8, while participating in a race
(betting or non-betting), qualifying race, or time trial, it shall be a
violation for a horse to carry in its body any drug, medication, substance, or
metabolic derivative, that:
(a) Is foreign to
the horse; or
(b) Might mask the
presence of a prohibited drug, or obstruct testing procedures.
(3) It shall be a violation for
therapeutic medications to be present in excess of established threshold
concentrations established in this administrative regulation,
810 KAR 8:020, or in
810 KAR 8:025. The thresholds for
permitted NSAIDs are established in Section 8 of this administrative
regulation.
(4) Except as provided
by paragraphs (a), (b), and (c) of this subsection, it shall be a violation for
a substance to be present in a horse in excess of a concentration at which the
substance could occur naturally. 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.
(b) Cobalt shall
not be present in a concentration greater than twenty-five (25) parts per
billion in serum or plasma.
(c)
Free prednisolone shall not be present in a concentration greater than ten (10)
nanograms per milliliter in urine.
(5) It shall be prima facie evidence that a
horse was administered and carried, while running in a race (betting or
non-betting), qualifying race, or time trial, 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 (betting or non-betting), qualifying race, or time trial;
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 8:020, 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
8:030.
Section 3. Treatment Restrictions.
(1) Except as provided in Section 4 of this
administrative regulation, only a veterinarian licensed to practice veterinary
medicine in Kentucky and licensed by the commission shall administer by
injection 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 allowed
within twenty-four (24) hours prior to post time of the race in which the horse
is entered shall be furosemide, as established in Section 6 of this
administrative regulation.
(3)
Except as provided by subsection (5) of this section, only a veterinarian
licensed to practice veterinary medicine in Kentucky and licensed by the
commission may 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 possess a needle and syringe
at a location under the jurisdiction of the commission, the person shall
request prior permission from the stewards or judges and furnish a letter from
a licensed physician explaining why it is necessary for the person to possess a
needle and syringe. The stewards or judges 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.
(7) Electronic therapeutic treatments, other
than nebulization, shall not be administered to a horse within twenty-four (24)
hours prior to post time of a race in which the horse is entered.
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.
Anti-ulcer Medications. The following anti-ulcer 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 (Tagamet): eight (8) to twenty
(20) milligrams per kilogram;
(2)
Omeprazole (Gastrogard): two and two-tenths (2.2) grams;
(3) Ranitidine (Zantac): eight (8) milligrams
per kilogram; and
(4) Sucralfate:
two (2) to four (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,
qualifying race, or time trial, except as provided in subsection (6) of this
section.
(2) Furosemide shall only
be administered prior to a race, qualifying race, or time trial by:
(a) The commission veterinarian; or
(b) A licensed veterinarian approved by the
commission to perform the administration if the commission veterinarian is
unavailable. 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) Except as provided in
subsection (6) of this section, furosemide may be used if administered:
(a) At a location under the jurisdiction of
the commission where the horse is scheduled to race;
(b) By a single intravenous injection, not
less than four (4) hours prior to post time for the race, qualifying race, or
time trial in which the horse is entered; and
(c) In a dosage not less than 150 milligrams
and not more than 500 milligrams.
(4) The specific gravity of a post-race urine
sample shall not be below one and one one-hundredths (1.010). If the specific
gravity of the post-race urine sample is determined to be below one and one
one-hundredths (1.010), a quantification of furosemide in serum or plasma shall
be performed by the commission laboratory. If a horse fails to produce a urine
specimen, the commission laboratory shall perform a quantification of
furosemide in the serum or plasma sample. Concentrations above 100 nanograms of
furosemide per milliliter of serum or plasma shall constitute a violation of
this section.
(5) 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.
(6)
(a) A two (2) year old or stakes horse shall
not be administered any drug, medication or other substance, including
furosemide, within twenty-four (24) hours of the post time of the race in which
the horse is entered. Participation by the horse shall not affect the status of
the participating horse on the official authorized bleeder medication
list.
(b) The implementation and
enforcement of the prohibition in paragraph (a) of this subsection shall begin
on:
1. January 1, 2020 for all two (2) year
olds; and
2. January 1, 2021 for
all horses entered to run in a stakes race; including the races comprising the
Breeders' Cup World Championships and the races designated as graded stakes by
the American Graded Stakes Committee of the Thoroughbred Owners and Breeders
Association.
(c) A
concentration of furosemide greater than one and zero-tenths (1.0) nanograms
per milliliter in serum in a post-race sample shall constitute a violation of
this administrative regulation.
Section 7. Furosemide Eligibility.
(1)
(a)
Except as provided in Section 6(6) of this administrative regulation, 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 eligible to receive furosemide 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, serum, or plasma does
not show a detectable concentration of furosemide in the post-race urine,
serum, or plasma.
(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) NSAIDs
shall not be administered within forty-eight (48) hours prior to post time for
the race in which the horse is entered. The detection in a post-race sample of
blood of a detectable concentration of an NSAID, except as allowed by
subsection (2) of this section, shall constitute a violation of this
administrative regulation. The detection in a post-race sample of blood of more
than one (1) of phenylbutazone, flunixin, and ketoprofen in excess of the
concentrations permitted by subsection (2) of this section shall constitute a
violation of this administrative regulation.
(2)
(a) A
finding of phenylbutazone below a concentration of three-tenths (0.3) microgram
per milliliter of serum or plasma shall not constitute a violation of this
section.
(b) A finding of flunixin
below a concentration of five (5) nanograms per milliliter of serum or plasma
shall not constitute a violation of this section.
(c) A finding of ketoprofen below a
concentration of two (2) nanograms per milliliter of serum or plasma shall not
constitute a violation of this section.
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 sample 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 or metabolic derivative exceeds naturally
occurring physiological levels shall constitute a violation of this
administrative regulation. The following shall be deemed to be naturally
occurring physiological levels:
(a) Boldenone:
1. In male horses other than geldings, free
and conjugated boldenone fifteen (15) nanograms per milliliter in urine or free
boldenone twenty-five (25) picograms per milliliter in serum or plasma;
and
2. In geldings and female
horses, free and conjugated boldenone one (1) nanogram per milliliter in urine
or free boldenone twenty-five (25) picograms per milliliter in serum or
plasma.
(b) Nandrolone:
1. In geldings, free and conjugated
nandrolone one (1) nanogram per milliliter in urine or free nandrolone
twenty-five (25) picograms per milliliter in serum or plasma;
2. In fillies and mares, free and conjugated
nandrolone one (1) nanogram per milliliter in urine or free nandrolone
twenty-five (25) picograms per milliliter in serum or plasma; and
3. In male horses other than geldings,
forty-five (45) nanograms per milliliter of metabolite, 5[ALPHA]-estrane-313,
17[ALPHA]-diol in urine or a ratio in urine of 5[ALPHA]-estrane-313,
17[ALPHA]-diol to 5[ALPHA]-estrene-313, 17[ALPHA]-diol of >1:1.
(c) Testosterone:
1. In geldings, free and conjugated
testosterone twenty (20) nanograms per milliliter in urine or free testosterone
one hundred (100) picograms per milliliter in serum or plasma; and
2. In fillies and mares (unless in foal),
free and conjugated testosterone fifty-five (55) nanograms per milliliter in
urine or free testosterone one hundred (100) picograms per milliliter in serum
or plasma.
(3)
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.
Section 10.
Clenbuterol.
(1) Clenbuterol use shall be
prohibited in racing and training unless the conditions established by this
subsection are met.
(a) The prescription for
clenbuterol shall be made for a specific horse based upon a specific
diagnosis.
(b) The veterinarian
shall provide a copy of the treatment sheet to the Equine Medical Director or
his or her designee for review within twenty-four (24) hours of any
administration of clenbuterol.
(c)
A horse administered clenbuterol shall be placed on the veterinarian's list for
a minimum of twenty-one (21) days after the date of last administration. The
horse shall meet all conditions for removal from the list, including blood and
urine sampling taken after the twenty-one (21) day period. Both samples shall
have no detectable clenbuterol.
(2) A horse shall not be eligible to race
until it has completed all the requirements in subsection (1)(c) of this
section.
(3) If clenbuterol is
detected in a horse's post-race or out of competition sample and appropriate
notification as established in subsection (1)(b) of this section was not
completed, the horse shall immediately be placed on the veterinarian's list
pending the outcome of an investigation. The horse shall be required to meet
all conditions for removal from the veterinarian's list as established in
subsection (1)(c) of this section.
Section 11. Test Barn.
(1) A licensed association shall provide and
maintain a test barn on association grounds.
(2) The test barn shall be a fenced enclosure
sufficient:
(a) In size and facilities to
accommodate the stabling of horses temporarily detained for the taking of
biologic specimens; and
(b) In
structural design to prevent entry by unauthorized persons.
(3) The test barn shall be under
the supervision and control of the Chief Racing Veterinarian or his or her
designee, and no access to individuals other than commission personnel shall be
permitted unless with the permission of the Chief Racing Veterinarian or his or
her designee. If association personnel require immediate access to the test
barn due to fire or other emergency, the association shall report the access to
commission officials as soon as possible after the emergency.
Section 12. Sample Collection,
Testing and Reporting.
(1) Sample collection
shall be done in accordance with the procedures provided in this administrative
regulation,
810 KAR 8:060, and under the
instructions provided by the commission veterinarian.
(2) The commission veterinarian, in
consultation with the commission laboratory shall determine a minimum sample
requirement which shall be uniform for each horse and which shall be separated
into primary and split samples.
(3)
(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 of
and in the presence of the commission veterinarian or his
designee.
(4) Within five
(5) business days of receipt of notification by the commission laboratory of a
positive finding, the stewards and judges shall notify the owner and trainer
orally or in writing of the positive finding.
(5) The stewards or judges shall conduct a
hearing pursuant to
810 KAR 9:010 after the
conclusion of an investigation of a positive finding. A person charged with a
violation may request a continuance, which the stewards or the judges may grant
as set forth in
810 KAR
9:010.
Section 13. Storage and Shipment of Split
Samples.
(1) Split samples shall be secured
and made available for further testing in accordance with the 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 established in Section 12
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.
(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 a
laboratory solicited and approved by the commission to perform the
analysis.
(b) The request shall be
made in writing and delivered to the stewards or judges 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) The party requesting the split sample
shall select a laboratory solicited and approved by the commission to perform
the analysis within five (5) days after he or she is notified of the split
sample laboratories available to test the split sample. If a trainer or owner
does not select a laboratory within five (5) days after notification of the
available split laboratories, then he or she shall be deemed to have waived the
right to split sample analysis.
(d)
A split sample so requested shall be shipped within seven (7) days of the date
that the trainer or owner provides his or her laboratory selection to the
stewards.
(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 the packaging and shipping of the split sample.
(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.
Section 14. 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 15. Medical Labeling.
(1) A drug or medication that, 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.
(2) A drug or medication shall bear a
prescription label that 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 16. Trainer Responsibility.
(1) In the absence of substantial evidence to
the contrary, a trainer shall be responsible for the condition of a horse in
his or her care.
(2) In the absence
of substantial evidence to the contrary, 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 a horse 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 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 or judges and the commission veterinarian and
ensuring compliance with Section 23 of this administrative regulation and
810 KAR 4:010, Section 14,
governing postmortem examinations;
(i) Complying with the medication and
recordkeeping requirements in subsection (6) of this section;
(j) Promptly notifying the stewards or judges
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
established in Section 21 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 2:010, Section
4(1)(k);
(m) Ensuring proper
bandages, equipment, and shoes;
(n)
Ensuring the horse's presence in the paddock at the time prescribed by racing
officials before the race in which the horse is entered;
(o) Personally attending in the paddock and
supervising the saddling or preparation of a horse in his or her care, unless
an assistant trainer fulfills these duties or the trainer is excused by the
judges or stewards pursuant to
810 KAR 4:100, Section 3(2)(f);
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.
(6)
(a) A
trainer shall maintain a clear and accurate record of any treatment
administered to a horse in his or her care.
(b) A trainer shall ensure the transfer of
copies of all medical records to the subsequent owner and trainer of a
horse.
(c) Failure to comply with
this subsection may result in the imposition of penalties pursuant to
810 KAR 8:030.
(d) The stewards and judges may at any time
require presentation of a horse's medical records.
Section 17. 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 or judges.
(2) A veterinarian shall report to the
stewards, judges or the commission veterinarian a violation of this
administrative regulation by a licensee.
Section 18. 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, judges 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 8:030.
(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 established in
Section 21 of this administrative regulation shall report this fact immediately
to the commission veterinarian or to the stewards or judges.
(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 19.
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 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 participate in a race (betting or
non-betting), qualifying race, time trial, or for the following time periods:
(a) First incident - fourteen (14)
days;
(b) Second incident within a
365-day period - thirty (30) days;
(c) Third incident within a 365-day period -
180 days; and
(d) Fourth incident
within a 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 established in this section.
Section 20. Distribution of
Purses, Barn Searches, and Retention of Samples.
(1) For all races, purse money in
thoroughbred and other flat racing shall be paid or distributed pursuant to the
process provided in
810 KAR 2:070, Section 27(3), and
in standardbred racing, no later than twenty-four (24) hours after notice from
the commission that a final laboratory report has been issued.
(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 or judges may authorize and execute
an investigation into the circumstances surrounding the incident that is the
subject of the positive finding.
(4) If the purse money has been distributed,
the stewards or judges shall order the money returned immediately to the
association upon notification from the commission laboratory that a prohibited
drug, medication, substance, or metabolic derivative was administered to a
horse eligible for purse money.
(5)
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 21. Other Prohibited
Practices Constituting a Violation of this Administrative Regulation.
(1) A drug, medication, substance, or device
shall not be possessed or used by a licensee, or his designee or agent, 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 or driver.
(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)
Oxyglobin;
(d) Hemopure;
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 that may:
(a) Endanger the health or welfare of a
horse; or
(b) Endanger the safety
of a rider or driver.
(5)
Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy shall not be
used unless the 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.
(d) Prior to administering the treatment, a
report shall be submitted by the veterinarian administering the treatment to
the commission veterinarian on the Veterinary Report of Horses Treated with
Extracorporeal Shock Wave Therapy or Radial Pulse Wave
Therapy.
(6) Other than
furosemide, an alkalizing substance that could alter the 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 serum
or plasma total carbon dioxide (TCO2) level shall not exceed thirty-seven
(37.0) millimoles per liter; except, a violation shall not exist if the TCO2
level is found to be normal for the horse following the quarantine procedure
established in Section 22 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.
(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
22. TCO2 Testing and Procedures.
(1)
(a) The
stewards, judges, 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 serum or plasma of the horse. The winning
horse and other horses, as selected by the stewards or judges, may be tested in
each race to determine if there has been a violation of this administrative
regulation.
(b) Pre-race sampling
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 serum or plasma of the horse. If the commission laboratory determines that
the TCO2 level exceeds thirty-seven (37.0) millimoles per liter plus the
laboratory's measurement of uncertainty, 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) millimoles per liter plus the laboratory's
measurement of uncertainty and the licensed owner or trainer of the horse
certifies in writing to the stewards or judges 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 steward or judges, 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 or judges:
1. Shall permit the horse
to race; and
2. May require
repetition of the quarantine procedure established in paragraphs (a) through
(f) of this subsection to reestablish that the horse's TCO2 level is
physiologically normal.
Section 23. 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 4:010, 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
24. Corticosteroids.
(1) A
corticosteroid shall not be administered intra-articularly within fourteen (14)
days before post time for the race in which the horse is entered.
(2) The presence of a detectable
concentration of more than one (1) corticosteroid in a post-race sample of
blood, urine, or any combination of blood and urine shall constitute a
violation of this section.
Section
25. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Veterinary Report of Horses
Treated to be Submitted Daily", KHRC 8-010-1, 11/2018;
(b) "Split Sample Chain of Custody Form",
KHRC 8-010-2, 2016; and
(c)
"Veterinary Report of Horses Treated with Extracorporeal Shock Wave Therapy or
Radial Pulse Wave Therapy", KHRC 8-010-3, 11/2018.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Horse Racing
Commission, 4063 Iron Works 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
https://khrc.ky.gov/new_docs.aspx?cat=32.
STATUTORY AUTHORITY:
KRS
230.215(2),
230.225,
230.240(2),
230.260(8),
230.320,
230.370