PERMANENT RULES
Date of Adoption: February 13, 2003.
Purpose: To adopt the Association of Racing Commissioners international model policy on the use of furosemide.
Citation of Existing Rules Affected by this Order: Amending WAC 260-70-650 Furosemide, 260-70-660 Bleeder list, and 260-70-700 Penalties related to permitted medication.
Statutory Authority for Adoption: RCW 67.16.020.
Adopted under notice filed as WSR 03-01-019 on December 5, 2002.
Changes Other than Editing from Proposed to Adopted Version: Changes to WAC 260-70-660 (1)(c) designate that the horses' regularly assigned stall shall be the detention stall, prescribe how commission employees may monitor the horse, provide for the conditions under which a horse may leave its detention stall, and removes the last sentence of this section. Changes to WAC 260-70-660 (6) and (7) prescribe that the violations of these medication rules are subject to the penalties prescribed in chapter 260-70 WAC.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
New 0,
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Repealed 0;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Repealed 0;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Repealed 0.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 14, 2003
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, ((no less than four hours)) by a
singular intravenous injection, 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.]
(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 representative, providing sufficient time to ensure public notification.
(c) If the commission so orders, horses placed on the
((bleeder)) furosemide list shall be ((assigned to a)) placed
in 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, and with
oral or written notification to the trainer may be watched by
commission staff. The detention stall ((is assigned by the
official veterinarian and may at his discretion)) shall be the
stall regularly assigned that horse for its customary
stabling. Once placed in the detention stall, a horse must
remain ((there)) in it's barn or on its assigned hotwalker
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)) detention stall to
engage in exercise blowouts or warm-up heats. ((If the horse
on the bleeder 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 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(s) 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 which has been placed on a furosemide or
bleeder 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, and concentrations above 100 nanograms of furosemide per milliliter of serum or plasma shall constitute a violation of WAC 260-70-700.
(7) A horse that has been administered furosemide that does not show a detectable concentration of the drug in the post-race serum, plasma or urine sample or it shall be considered in violation of these medication rules and subject to penalty as prescribed in this chapter.
[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-660, filed 4/17/96, effective 5/18/96.]
(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.]