WSR 04-11-071

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed May 18, 2004, 3:15 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-07-073.

Title of Rule: WAC 260-36-030 Veterinarians, platers, and dentists -- License required -- Ineligible as trainers.

Purpose: To allow veterinarians licensed by the commission to also apply for a license to train horses, subject to certain conditions.

Statutory Authority for Adoption: RCW 67.16.020.

Summary: Under certain circumstances a license practicing veterinarian may also obtain a license [licensed] to train horses, subject to certain conditions, including limiting the horses the veterinarian may practice veterinarian medicine only on their own horses, unless an emergency exists, and the horses under the care of such a veterinarian are subject to testing by the commission at any time.

Reasons Supporting Proposal: Provides greater opportunity for veterinarians to not only treat their own horses, but to train them.

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: Dr. Robert Barth, private.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The amendment to WAC 260-36-030 will eliminate the prohibition against veterinarians license [licensed] by the commission to also hold a license to train. The proposed amendment allows a license [licensed] veterinarian to also apply for and hold a license to train horses, subject to the following conditions:

1. The individual licensed as both a veterinarian and trainer may only practice veterinarian medicine on the horses registered to the individual.

2. The individual licensed as both a veterinarian and trainer is prohibited from practicing veterinarian medicine on any other horse without the approval of the commission veterinarian.

3. In cases of an emergency on the grounds of the racing association, the individual licensed as both a veterinarian and trainer may respond and provide treatment. Any treatment rendered shall be reported to the commission veterinarian in writing.

4. The report to the commission veterinarian shall include at least the name of the horse(s) and the treatment rendered.

The amendment also removes the reference to dentist. Equine dentist shall be licensed as veterinarians.

Proposal Changes the Following Existing Rules: Eliminates the reference to dentists. Eliminates the blanket prohibition against an individual being licensed as a veterinarian and a trainer at the same time. Allows for an individual to be licensed both as a veterinarian and a trainer, subject to a strict set of conditions.

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 July 8, 2004, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Patty Sorby at (360) 459-6462, by July 7, 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 July 7, 2004.

Date of Intended Adoption: July 8, 2004.

May 18, 2004

R. M. Leichner

Executive Secretary


AMENDATORY SECTION(Amending WSR 91-24-085, filed 12/4/91, effective 1/4/92)

WAC 260-36-030   Veterinarians((,)) and platers((, and dentists)) -- License required(( -- Ineligible as trainers)).   The license fee for veterinarians((,)) and platers ((and dentists)) shall be for one year and shall be $15.00. ((They)) Veterinarians and platers must be approved by the commission before practicing their professions on the grounds of an association. ((The veterinarians and dentists shall not be eligible to hold a license to train horses while holding said occupational license.)) Veterinarians licensed by the commission may apply for a trainer's license subject to the following conditions:

(1) Only horses registered to the individual licensed by the commission as a veterinarian and trainer shall be treated using veterinary methods

(2) The individual licensed by the commission as a veterinarian and a trainer shall not practice veterinary medicine on any horse on the grounds without specific approval of a commission veterinarian.

(3) In an emergency on the grounds of the racing association the individual licensed by the commission as a veterinarian and trainer may respond and assist at the scene of the emergency. Any veterinary treatment provided at the scene shall be reported in writing to the commission veterinarian. The report shall include at a minimum the names of horses treated and treatment rendered.

(4) Any horse registered to the individual licensed by the commission as a veterinarian and trainer shall be subject to testing by the commission any time the horses are on the grounds of the racing association.

[Statutory Authority: RCW 67.16.040. 91-24-085, 260-36-030, filed 12/4/91, effective 1/4/92. Statutory Authority: RCW 67.16.020 and 67.16.040. 89-13-007 (Order 89-03), 260-36-030, filed 6/9/89; 86-09-072 (Order 86-02), 260-36-030, filed 4/21/86; 82-14-012 (Order 82-05), 260-36-030, filed 6/25/82; Rules of racing, 350, filed 4/21/61.]

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