PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-13-071.
Title of Rule: WAC 260-70-630 Threshold levels.
Purpose: To amend WAC 260-70-630 to exclude environmental contaminants from the list of permissible medication, and to establish a permissible level of environmental contaminants in official test samples.
Statutory Authority for Adoption: RCW 67.16.020.
Summary: Remove caffeine from the list of quantitative medications permissible in test samples and establish a threshold level for caffeine as an environmental contaminant.
Reasons Supporting Proposal: Eliminates substances better described as environmental contaminants from the list of permitted medications.
Name of Agency Personnel Responsible for Drafting: Robert Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516, (360) 459-6462; Implementation and Enforcement: Robert Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516, (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: The amendment to WAC 260-70-630 Threshold levels, is intended to eliminate caffeine from the current list of permitted medications and more appropriately place caffeine into a separate category of environmental contaminants. The amendment will eliminate the concern of trainers that caffeine present in a urine sample will be treated at [as] a permitted medication. The amendment also prohibits any of the substances (permitted medications and environmental contaminants) to be in an official blood test.
Proposal Changes the Following Existing Rules: Removes caffeine from the list of quantitative medication levels permissible in urine tests, places caffeine into the new category of "environmental contaminants" and prohibits the presents [presence] of any of the listed substances in official blood samples.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on February 12, 2004, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Ms. Patty Sorby at the Washington Horse Racing Commission, by February 6, 2004.
Submit Written Comments to: Robert M. Leichner, Executive Secretary, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, fax (360) 459-6461, by February 11, 2004.
Date of Intended Adoption: February 12, 2004.
December 29, 2003
R. M. Leichner
Executive Secretary
OTS-6764.1
AMENDATORY SECTION(Amending WSR 03-11-019, filed 5/12/03,
effective 6/12/03)
WAC 260-70-630
Threshold levels.
(1) The following
quantitative medication levels are permissible in test samples
up to the stated quantitative levels:
| Procaine | 25 ng/ml urine | |
| Benzocaine | 50 ng/ml urine | |
| Mepivacaine | 10 ng/ml urine | |
| Lidocaine | 50 ng/ml urine | |
| Bupivacaine | 5 ng/ml urine | |
| Clenubuterol | 5 ng/ml urine | |
| Acepromazine | 25 ng/ml urine | |
| Promazine | 25 ng/ml urine | |
| (( |
||
| Salicylates | 750 ng/ml urine |
(2) The following substances shall be considered environmental contaminants and are permissible in test samples up to the stated quantitative levels:
| Caffeine | 100 ng/ml urine |
[Statutory Authority: RCW 67.16.020. 03-11-019, § 260-70-630, filed 5/12/03, effective 6/12/03. Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-630, filed 4/17/96, effective 5/18/96.]