Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
230.215,
230.240,
230.260,
230.265(2),
230.290(2),
230.320(1)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
230.215(2) authorizes the
Kentucky Horse Racing Commission (the "commission") to promulgate
administrative regulations prescribing conditions under which all legitimate
horse racing and pari-mutuel 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 post-race sampling and testing to
ensure that prohibited substances are not used.
Section 1. Test Barn. In addition to the
procedures established in
810
KAR 8:010, Section 11, the commission shall require
the following procedures:
(1) A security
guard employed by a licensed association shall regulate access to the test barn
during and immediately following each race; and
(2) All individuals who wish to enter the
test barn shall be:
(a) Currently licensed by
the commission;
(b) Display their
commission identification badge; and
(c) Have the permission of the commission
veterinarian or his or her designee to be in the test barn.
Section 2. Race
Classifications for Sampling.
(1) For races
with purses of $2,500 or less:
(a) The horse
finishing first shall be sampled and a portion of the specimen shall be
designated as a gold sample; and
(b) The chief state steward, presiding judge,
or his or her designee, may select one or more other horses to be sampled and
shall designate a portion of each specimen as a red sample or a gold sample in
accordance with Section 4 of this administrative regulation.
(2) For races with purses that
exceed $2,500 but are less than $200,000:
(a)
The horse finishing first and at least one (1) other horse shall be
sampled;
(b) The chief state
steward, presiding judge, or his or her designee, shall designate a portion of
each specimen as a red sample or a gold sample in accordance with Section 4 of
this administrative regulation; and
(c) A portion of at least one (1) specimen
from each race shall be designated as a gold sample.
(3) For races with purses of $200,000 or
more:
(a) The horses finishing first, second,
and third shall be sampled;
(b) The
chief state steward, presiding judge, or his or her designee, may select one or
more other horses to be sampled and shall designate a portion of each specimen
as a red sample or a gold sample in accordance with Section 4 of this
administrative regulation; and
(c)
Portions of at least three (3) specimens shall be designated as gold samples.
Section 3.
Selection of Horses and Designation of Samples.
(1) In selecting horses for sampling and
designating portions of specimens as gold samples or red samples, the chief
state steward, presiding judge, or his or her designee, shall consider all
information available, including:
(a) The
performance of a horse favored to win the race by the wagering patrons;
Legislative Research Commission PDF Version Page: 2
(b) The performance of horses considered to
be long-shots to win the race by the wagering patrons;
(c) The betting patterns of wagering
patrons;
(d) A trainer's recent
statistical performance in relation to his or her historical statistical
performance; and
(e) Security
intelligence.
(2) The
chief state steward, presiding judge, or his or her designee shall notify the
test barn promptly upon completion of a race as to which horse or horses shall
be sampled.
(3) Prior to the close
of business on the date of sampling, the chief state steward, presiding judge,
or his or her designee shall notify the test barn in writing regarding which
samples are designated as gold samples and which samples are designated as red
samples.
Section 4.
Sampling.
(1) A horse designated for sampling
by the stewards or judges shall proceed immediately to the test barn following
each race to have a specimen collected under the direction of the commission
veterinarian.
(2) If an adequate
specimen cannot be obtained from a horse designated for sampling within sixty
(60) minutes after arrival at the testing barn, the commission veterinarian may
require an individual employed by the commission to accompany the horse from
the test barn to its stall and remain with the horse until an adequate specimen
is obtained.
(3) All sampling shall
be performed in accordance with
810
KAR 8:010, Section 12. (4) Split samples shall be
subject to the provisions and procedures established in
810
KAR 8:010, Section 13, and the chain of custody of any
split sample shall be maintained in accordance with the procedures established
in
810
KAR 8:010, Section 14.
Section 5. Shipment and Testing.
(1) All gold samples and red samples shall be
labeled and sent to the commission laboratory for testing in accordance with
the procedures established in
810
KAR 8:010, Section 12.
(2) A technician at the commission laboratory
shall create a log of each sample received and enter the color code into the
Laboratory Information Management System or other information management system
approved by the commission.
(3) All
gold samples shall be tested.
(4)
Fifty (50) percent of all red samples shall be randomly selected by the
Laboratory Information Management System, or other information management
system approved by the commission, and tested.
(5) All red samples that are not selected for
testing shall be frozen or refrigerated and retained pursuant to a contract
between the commission and the commission laboratory.
(6) If a sample tests positive for a
prohibited substance by 810 KAR Chapter 8, all specimen or specimens collected
from horses who competed in the same race shall be tested.
(7) All testing and reports shall be
completed in accordance with
810
KAR 8:010 and
810 KAR
8:030.
STATUTORY AUTHORITY:
KRS
230.215(2),
230.240(2)