WSR 04-05-094

PERMANENT RULES

HORSE RACING COMMISSION


[ Filed February 18, 2004, 8:18 a.m. ]

Date of Adoption: February 12, 2004.

Purpose: To establish a new section in chapter 260-70 WAC prohibiting certain practices that has been shown to endanger the health of a horse and the safety of the rider.

Statutory Authority for Adoption: RCW 67.16.020.

Adopted under notice filed as WSR 04-02-036 on December 31, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 1, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Thirty-one days after filing.

February 13, 2004

R. M. Leichner

Executive Secretary


NEW SECTION
WAC 260-70-545   Prohibited practices.   The following are considered prohibited practices:

(1) The possession or use of a drug, substance or medication, specified below, on the premises of a facility under the jurisdiction of the regulatory body for which a recognized analytical method has not been developed to detect and confirm the administration of such substance; or the use of which may endanger the health and welfare of the horse or endanger the safety of the rider or driver; or the use of which may adversely affect the integrity of racing;

(a) Erythropoietin

(b) Darbepoietin

(c) Oxyglobin

(d) Hemopure

(2) The possession or use of a drug, substance, or medication on the premises of a facility under the jurisdiction of the regulatory body that has not been approved by the United States Food and Drug Administration (FDA) for use in the United States.

(3) The practice, administration or application of a treatment, procedure, therapy or method identified below, which is performed on the premises of any facility under jurisdiction of the commission and which may endanger the health and welfare of the horse, endanger the safety of the rider, or the use of which may adversely affect the integrity of horse racing:

(a) Intermittent Hypoxic Treatment by External Device

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