PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-05-027 and 02-13-024.
Title of Rule: WAC 260-70-650 Furosemide (Salix), 260-70-660 Bleeder list, and 260-70-700 Penalties relating to permitted medication, to adopt the association of racing commissioners international model policy on the use of Furosemide, brand name Salix.
Statutory Authority for Adoption: RCW 67.16.020.
Summary: Adoption of international model policy.
Name of Agency Personnel Responsible for Drafting: Robert Lopez, Olympia, Washington, (360) 459-6462; Implementation and Enforcement: Robert Leichner, Olympia, Washington, (360) 459-6462.
Name of Proponent: Washington Horse Racing Commission, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Adoption of the association of racing commissioners international model policy on the use of Furosemide (Salix) to reduce the effects of exercise induced pulmonary hemorrhage in race horses.
Proposal Changes the Following Existing Rules: Amends WAC 260-70-650 and 260-70-660 to comply with the model policy; and amends WAC 260-70-700 to remove the registered medication trade names Lasix and Salix.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes will not impose any costs upon businesses in the horse racing industry.
RCW 34.05.328 does not apply to this rule adoption. The rule is not subject to this section under RCW 34.05.328 (5)(a).
Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, (253) 931-3041, on February 13, 2003, at 1:00 p.m.
Submit Written Comments to: Robert Leichner, Executive Secretary, Washington Horse Racing Commission, 6326 Martin Way #209, Olympia, WA 98516-5578, (360) 459-6461, by February 12, 2003.
Date of Intended Adoption: February 13, 2003.
November 15, 2002
R. M. Leichner
Executive Secretary
(2) The use of furosemide ((Salix¦)) shall be permitted
under the following circumstances:
(a) Furosemide ((Salix¦)) shall be administered on the
grounds of the association, by a singular intravenous
injection, ((no less than four hours)) prior to post time for
the race for which the horse is entered.
(b) The furosemide ((Salix¦)) dosage administered shall
not exceed 500 mg. ((nor be less than 150 mg.))
(c) The trainer of the treated horse shall cause to be delivered to the official veterinarian or his/her designee no later than one hour prior to post time for the race for which the horse is entered the following information under oath on a form provided by the commission:
(i) The racetrack name, the date and time the furosemide
((Salix¦)) was administered to the entered horse;
(ii) The dosage amount of furosemide ((Salix¦))
administered to the entered horse; and
(iii) The printed name and signature of the attending
licensed veterinarian who administered the furosemide
((Salix¦)).
(iv) The signature of the trainer or his/her representative.
(d) Failure to administer furosemide ((Salix¦)) in
accordance with these rules may result in the horse being
scratched from the race by the stewards.
[Statutory Authority: RCW 67.16.040. 02-10-102, § 260-70-650, filed 4/30/02, effective 5/31/02; 96-10-001, § 260-70-650, filed 4/17/96, effective 5/18/96.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 96-01-001 [96-10-001], filed
4/17/96)
WAC 260-70-660
((Bleeder)) Furosemide list.
(1)(a) The
official veterinarian shall maintain a ((bleeder)) furosemide
list of all horses eligible to race with furosemide. ((which
have demonstrated external evidence of exercise induced
pulmonary hemorrhage or the existence of hemorrhage in the
trachea post exercise upon endoscopic examination. Such
examination must have been performed by or in the presence of
a licensed veterinarian and endorsed by the official
veterinarian, or performed by an official veterinarian.)) The
list is a statewide list that applies only at Class A or Class
B licensed associations and not at any other track.
(b) A horse is eligible to race with furosemide if the licensed trainer and/or veterinarian determine that it would be in the horse's best interests to race with furosemide. Notification using prescribed commission forms must be given to the commission designee, observing proper time deadlines to ensure public notification.
(c) If the commission so orders, horses placed on the
((bleeder)) furosemide list shall be assigned to a pre-race
security stall, to be known as a detention stall, no later
than four hours prior to the scheduled post time for any race
in which it is entered to start. The detention stall is
assigned by the official veterinarian and may at his
discretion be the stall regularly assigned that horse for its
customary stabling. Once placed in the detention stall, a
horse must remain there until it is taken to the receiving
barn or to the paddock to be saddled or harnessed for the
race, except that the stewards may permit horses to leave the
secured stall to engage in exercise blowouts or warm-up heats.
If the horse on the ((bleeder)) furosemide list is assigned
as a detention stall its regular stall, that stall shall be
posted and the stall must be under direct observation of a
responsible, licensed employee of the trainer or the owner. Where facilities permit, the commission veterinarian may
designate a secured area and assign stalls within that secured
area to those horses on the ((bleeder)) furosemide list who
are entered to race that day or night.
(2) The confirmation of a ((bleeder)) horse eligible to
race with furosemide must be certified in writing by an
official veterinarian and entered on the ((bleeder))
furosemide list. Copies of the certification shall be issued
to the owner of the horse or the owner's designee upon
request. A notice of a horse's ((bleeder)) furosemide
certification shall be affixed to the horse's certificate of
registration.
(3) Every ((confirmed bleeder)) horse eligible to race
with furosemide regardless of age, shall be placed on the
((bleeder)) furosemide list.
(4) ((A horse may be removed from the bleeder list only
upon the direction of the official veterinarian, who shall
certify in writing to the stewards the recommendation for
removal.)) A horse placed on the official furosemide list must
remain on that list unless the licensed trainer and/or
veterinarian submit a written request to remove the horse from
the list. The request must be on forms prescribed by the
commission and must be submitted to the commission designee no
late than time of entry. After a horse has been removed from
the furosemide list, the horse may not be placed back on the
list for a period of 30 calendar days unless determined to be
detrimental to the welfare of the horse, in consultation with
the commission designee.
(5) A horse that has been placed on a bleeder or
furosemide list in another jurisdiction may be placed on ((a
bleeder)) the furosemide list in this jurisdiction. ((provided
that the other jurisdiction's criteria for the identification
of bleeders are satisfactory in this jurisdiction.))
(6) The specific gravity of post-race urine samples shall not be below 1.010. If the specific gravity of the post-race urine sample is determined to be below 1.010, quantitation of furosemide in serum shall then be performed, with concentrations above 100 nanograms of furosemide per milliliter of serum or plasma a violation.
(7) A horse that has been administered furosemide must show a detectable concentration of the drug in the post-race serum, plasma or urine sample.
[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-660, filed 4/17/96, effective 5/18/96.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 00-07-042, filed 3/6/00)
WAC 260-70-700
Penalties relating to permitted
medication.
(1) Should the laboratory analysis of urine or
blood taken from a horse, show the presence of more than one
approved nonsteroidal anti-inflammatory drug (NSAID) in
violation of these rules or the presence of phenylbutazone or
oxyphenbutazone, naproxen or meclofenamic acid in excess of
the quantities authorized by the rules, the stewards or
commission shall levy the following penalties against each
person found responsible:
(a) For a first offense within a 365 day period, a fine of $300;
(b) For a second offense within a 365 day period, $750;
(c) For a third offense within a 365 day period, a fine of $1,000 with a 15 to 60 day suspension.
(2) Should the laboratory analysis of urine or blood
taken from a horse show the presence of furosemide ((Lasix¦))
without permission from the official veterinarian, the
stewards or commission shall treat the violation as a Class
((4)) 5 offense.
(3) Detection of any unreported permitted medication, drug, or substance by the primary testing laboratory may be grounds for disciplinary action.
(4) As reported by the primary testing laboratory, failure of any test sample to show the presence of permitted medication, drug or substance when such permitted medication, drug or substance was required to be administered may be grounds for disciplinary action.
[Statutory Authority: RCW 67.16.040. 00-07-042, § 260-70-700, filed 3/6/00, effective 4/6/00; 96-10-001, § 260-70-700, filed 4/17/96, effective 5/18/96.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.