Current through Bulletin 2024-06, March 15, 2024
1. No person
may have or use a drug, substance, or medication on the premises of a facility
under the jurisdiction of the Commission if:
A. a recognized analytical method has not
been developed to detect and confirm the administration of the
substance;
B. the use of the
substance may endanger the health or welfare of the horse or endanger the
safety of the rider;
C. the use of
the substance may adversely affect the integrity of racing; or
D. no generally accepted use of the substance
in equine care exists.
2. Prohibited Substances and Methods. The
Commission incorporates by reference, a list of prohibited substances and
methods of administration contained in the following matrices maintained by the
department: Prohibited Substances and Controlled Therapeutic Medication
Schedule for Horses.
A. The substances and
methods listed in the Prohibited List may not be used, and may not be possessed
on the premises of a racing or training facility under the jurisdiction of the
Commission, except as a restricted therapeutic use.
B. The equipment and supplies necessary for
official testing, shall be provided by the organization.
3. Restricted Therapeutic Use. A limited
number of medications on the Prohibited List may be exempted when
administration occurs in compliance with required conditions for restricted
therapeutic use found in the Utah Horse Racing Commission Controlled
Therapeutic Medication Schedule for Horses incorporated by reference and
maintained by the department.
4.
The possession or use of the following substances or of blood doping agents,
including those listed in this section, on the premises of a facility under the
jurisdiction of the Commission is forbidden:
A. Aminoimidazole carboxamide ribonucleotide
(AICAR);
B. Darbepoetin;
C. Equine Growth Hormone;
D. Erythropietin;
E. Hemopure, registered trademark;
F. Myo-Inositol Trispyprophosphate
(ITPP);
G. Oxyglobin,registered
trademark;
H. Thymosin
beta;
I. Venoms or its derivatives;
or
J. Thymosin
beta.
5. Other Prohibited
Substances. Substances in the categories in this section shall be strictly
prohibited unless otherwise provided in accordance with state law or Commission
rule including:
A. a pharmacologic substance
that is not approved by any governmental regulatory health authority for human
or veterinary use within the jurisdiction, including:
a. a drug under pre-clinical or clinical
development;
b. a discontinued
drug; or
c. a designer drug.
(1) A designer drug is a synthetic analog of
a drug that has been altered in a manner that may reduce its
detection.
(2) Designer drugs do
not include:
i. vitamins, herbs, and
supplements used for nutritional purposes that do not contain any other
prohibited substance; or
ii. the
administration of a substance with the earlier approval of the Commission in a
clinical trial for which an FDA or similar exemption has been
obtained;
B. anabolic agents and Anabolic Androgenic
Steroids (AAS);
C. peptide
hormones, growth factors, and related substances including any substance with
similar chemical structure or similar biological effects;
D. beta-2 agonists, including optical
isomers, including d-and l-, where relevant;
E. hormone and metabolic modulators;
or
F. diuretics and other masking
agents, including substances with similar chemical structure or similar
biological effects.
6.
Prohibited methods of manipulation of blood and blood components include:
A. the administration or reintroduction of
any quantity of autologous, allogenic, or heterologous blood or red blood cell
products of any origin into the circulatory system;
B. artificially enhancing the uptake,
transport, or delivery of oxygen, including perfluorochemicals, efaproxiral
(RSR13), and modified hemoglobin products, hemoglobin-based blood substitutes,
microencapsulated hemoglobin products, excluding supplemental oxygen;
or
C. tampering, or attempting to
tamper, to alter the integrity and validity of samples collected by authority
of the Commission. Tampering methods include blood serum or urine substitution
or adulteration, such as proteases.
7. Any reference to substances in Section
R52-7-13 does not alter the requirements for testing concentrations in race day
samples or the requirements of post-race testing.
A. If laboratory testing detects any
prohibited substance identified by this rule, the finding shall be reported as
a violation. Upon a finding of violation, the horse shall be disqualified, and
the owner of the horse shall not participate in any portion of the purse,
stakes, trophy, or any other award.
B. Any purse, stakes, trophy, or award shall
be returned if it was presented to the owner of the horse, upon the finding of
a violation of this section.
C. Any
positive test for a prohibited drug, medication, or substance, including
permitted medication in excess of the maximum allowable concentration, as
reported by a Commission-approved laboratory, is prima facie evidence of a
violation of this rule.
D. It is
presumed that any sample or accepted specimen tested by an approved laboratory
is from the horse in question. With regard to an accepted sample, it is also
presumed that:
a. the integrity of the sample
is preserved;
b. any procedures,
collection, preservation, and analysis of the sample are correct and accurate;
and
c. it is the burden of the
owner, trainer, assistant trainer, or other responsible party to prove by
substantial evidence to the contrary in the matter to the administrative
stewards or at the Commission hearing.
8. Penalties. Upon finding a violation of
these medications and prohibited substances rules, the Stewards shall:
A. consider the classification level of the
violation as listed when in the Uniform Classification Guidelines of Foreign
Substances, as promulgated in the following penalty matrices maintained by the
department that are incorporated by reference: Recommended Penalties for Doping
or Equine Endangerment Violations, and 2019-08 Recommended Penalties by
Substances;
B. impose penalties and
disciplinary measures consistent with the recommendations contained therein;
and
C. consult with the Official
Veterinarian to determine if the violation was a result of the administration
of a therapeutic medication as documented in a veterinarian's Medication Report
Form received, pursuant to Subsection
R52-7-8(7).
9. The Stewards may also consult
with the laboratory director or other individuals to determine the seriousness
of the laboratory finding or the medication violation. Penalties for medication
and drug violations shall be investigated and reviewed on a case -by -case
basis.
Extenuating factors the Stewards may consider in determining
penalties include:
a. the past record
of the trainer, veterinarian and owner in drug cases;
b. the potential of the drug to influence a
horse's racing performance;
c. the
legal availability of the drug;
d.
whether the responsible party knew or should have known of the administration
of the drug, or intentionally administered the drug;
e. the steps taken by the trainer to
safeguard the horse;
f. the purse
of the race; and
g. whether the
licensed trainer was acting on the advice of a licensed veterinarian.
10. As a result of an
investigation, there may be mitigating circumstances for which a lesser or no
penalty is appropriate for the licensee, or aggravating factors that may
increase the penalty beyond the minimum.
