Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-22-014.

     Title of Rule and Other Identifying Information: Chapter 260-70 WAC, Controlled medication program.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on March 10, 2005, at 9:30 a.m.

     Date of Intended Adoption: March 10, 2005.

     Submit Written Comments to: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail rlopez@whrc.state.wa.us, fax (360) 459-6461, by March 7, 2005.

     Assistance for Persons with Disabilities: Contact Patty Sorby by March 7, 2005, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend chapter 260-70 WAC, Controlled medical program, to conform to the Association of Racing Commissioners International (ARCI) Racing Medication and Testing Consortium model rules.

     Reasons Supporting Proposal: By adopting model medication rules, the state of Washington joins other racing jurisdictions in agreeing on a standard medication and testing procedure.

     Statutory Authority for Adoption: RCW 67.16.020 and [67.16.]040.

     Statute Being Implemented: None.

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

     Name of Proponent: Washington Horse Racing Commission, governmental.

     Name of Agency Personnel Responsible for Drafting: Robert J. Lopez, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462; Implementation and Enforcement: Robert M. Leichner, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, (360) 459-6462.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

February 1, 2005

R. M. Leichner

Executive Secretary

OTS-7744.4

AMENDATORY SECTION(Amending WSR 96-10-001, filed 4/17/96, effective 5/18/96)

WAC 260-70-520   Trainer responsibility.   The purpose of this subsection is to identify the minimum responsibilities of the trainer that pertain specifically to the health and well being of horses in his/her care.

     (1) The trainer is solely responsible for the condition of horses in his/her care.

     (2) The trainer is responsible for the presence of any prohibited drug, medication or other substance, including permitted medication in excess of the maximum allowable ((level)) concentration, in ((such)) horses in his/her care. A positive test for a prohibited drug, medication or substance, including permitted medication in excess of the maximum allowable level, as reported by a commission approved laboratory, is prima facie evidence of a violation of this rule. In the absence of substantial evidence to the contrary, the trainer shall be responsible.

     (3) A trainer shall prevent the administration of any drug or medication or other prohibited substance that may cause a violation of these rules.

     (4) A trainer whose horse has been claimed remains responsible for violation of any rules regarding that horse's participation in the race in which the horse is claimed.

     (5) The trainer is responsible for:

     (a) Maintaining the assigned stable area in a clean, neat and sanitary condition at all times;

     (b) Using the services of those veterinarians licensed by the commission to attend to horses that are on association grounds;

     (c) The proper identity, custody, care, health, condition and safety of horses in his/her care;

     (d) ((Ensuring that at the time of arrival at locations under the jurisdiction of the commission a valid health certificate and a valid negative equine infectious anemia (EIA) test certificate accompany each horse in accordance with state law;

     (e))) Immediately reporting the alteration of the sex of a horse to the horse identifier and the racing secretary;

     (e) Promptly reporting to the racing secretary and an official veterinarian when a posterior digital neurectomy (heel nerving) is performed on a horse in his/her care and ensuring that such fact is designated on its certificate of registration;

     (f) Promptly report to the racing secretary, when mares who have been entered to race, have been bred;

     (g) Promptly notifying the official veterinarian of any reportable disease and any unusual incidence of a communicable illness in any horse in his/her charge;

     (h) Promptly reporting the serious injury and/or death of any horse at locations under the jurisdiction of the commission to the stewards and the official veterinarian and compliance with the rules in this chapter governing postmortem examinations;

     (((i))) (j) Maintaining a knowledge of the medication record and medication status of horses in his/her care;

     (((j))) (k) Immediately reporting to the stewards and the official veterinarian knowledge or reason to believe, that there has been any administration of a prohibited medication, drug or substance;

     (((k))) (l) Ensuring the fitness to perform creditably at the distance entered;

     (((l))) (m) Ensuring that every horse he/she has entered to race is present at its assigned stall for a prerace soundness inspection as prescribed in this chapter;

     (((m))) (n) Ensuring proper bandages, equipment and shoes;

     (((n))) (o) Presence in the paddock at least 20 minutes before post time or at a time otherwise appointed before the race in which the horse is entered;

     (((o))) (p) Personally attending in the paddock and supervising the saddling thereof, unless excused by the stewards; and

     (((p))) (q) Attending the collection of a urine or blood sample or delegating a licensed employee or the owner to do so.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-520, filed 4/17/96, effective 5/18/96.]

     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 96-10-001, filed 4/17/96, effective 5/18/96)

WAC 260-70-530   Veterinarians under authority of official veterinarian.   Veterinarians licensed by the commission and practicing at any location under the jurisdiction of the commission are under the authority of the official veterinarian and the stewards. An official veterinarian shall recommend to the stewards or the commission the discipline, which may be imposed upon a veterinarian who violates the rules.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-530, filed 4/17/96, effective 5/18/96.]

     (2) The report shall be signed by the practicing veterinarian.

     (3) The report shall be on file not later than the time prescribed on the next race day by the official veterinarian. Any such report is confidential and its content shall not be disclosed except in the course of an investigation of a possible violation of these rules or in a proceeding before the stewards or the commission, or to the trainer or owner of record at the time of treatment.

     (4) A timely and accurate filing of a veterinarian report that is consistent with the analytical results of a positive test may be used as a mitigating factor in determining the nature and extent of a violation of these rules.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-540, filed 4/17/96, effective 5/18/96.]

     (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)) commission 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; or

     (2) The possession or use of a drug, substance, or medication on the premises of a facility under the jurisdiction of the commission that has not been approved by the United States Food and Drug Administration (FDA) for any use in human or animal is forbidden without prior permission of the commission.

     (3) The possession and/or use of blood doping agents, including, but not limited to, those listed below, on the premises of a facility under the jurisdiction of the commission is forbidden:

     (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))) (4) 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.

     (b) The use of Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy shall not be permitted unless the following conditions are met:

     (i) Any treated horse shall not be permitted to race for a minimum of ten days following treatment;

     (ii) The use of Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy machines shall be limited to veterinarians licensed to practice by the commission;

     (iii) Any Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy machines on the association grounds must be reported to a commission veterinarian before use;

     (iv) All Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy treatments must be reported to a commission veterinarian on the prescribed form not later than the time prescribed by an official veterinarian.

     (c) The use of a naso gastric tube (a tube longer than six inches) for the administration of any substance within twenty-four hours prior to the post time of the race in which the horse is entered is prohibited without the prior permission of an official veterinarian.

[Statutory Authority: RCW 67.16.020. 04-05-094, § 260-70-545, filed 2/18/04, effective 3/20/04.]

     (2) Any drug or medication which is used or kept on association grounds and which, by federal or state law, requires a prescription must have been validly prescribed by a duly licensed veterinarian, and in compliance with applicable state statutes. All such allowable medications must have a prescription label, which is securely attached and clearly ascribed to show the following:

     (a) The name of the product;

     (b) The name, address and telephone number of the veterinarian prescribing or dispensing the product;

     (c) The name of each patient (horse) for whom the product is intended/prescribed;

     (d) The dose, dosage, duration of treatment and expiration date of the prescribed/dispensed product; and

     (e) The name of the person (trainer) to whom the product was dispensed.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-550, filed 4/17/96, effective 5/18/96.]

     (2) Nonveterinarians may administer the following substances, provided that, in post race testing the substances do not exceed approved quantitative levels, if any, and the substances do not interfere with post race testing:

     (a) A recognized noninjectable nutritional supplement or other substance approved by ((the)) an official veterinarian;

     (b) A noninjectable substance on the direction or by prescription of a licensed veterinarian; or

     (c) A noninjectable nonprescription medication or substance.

     (3) No person shall possess a hypodermic needle, syringe or injectable of any kind on association premises, unless otherwise approved by the commission. At any location under the jurisdiction of the commission, veterinarians may use only onetime disposable needles, and shall dispose of them in a manner approved by the commission. If a person has a medical condition which makes it necessary to have a needle and syringe at any location under the jurisdiction of the commission, that person may request permission of the stewards and/or the commission in writing, furnish a letter from a licensed physician explaining why it is necessary for the person to possess a needle and syringe, and must comply with any conditions and restrictions set by the stewards and/or the commission.

     (4) Veterinarians shall not have contact with an entered horse on race day except for the administration of furosemide under the guidelines set forth in WAC 260-70-650 unless approved by an official veterinarian. The only exception is a veterinarian also licensed as a trainer. In these cases the person may have contact with an entered only horse on race day to comply with the trainer's responsibilities in WAC 260-70-520.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-560, filed 4/17/96, effective 5/18/96.]

     (1) Every horse entered to participate in an official race shall be subject to a veterinary inspection.

     (2) The inspection shall be conducted by an official veterinarian.

     (3) The trainer of each horse or a representative of the trainer shall present the horse for inspection as required by ((the)) an official veterinarian.

     (4) The veterinary inspection of a horse's racing condition ((may)), at a minimum shall include:

     (a) Proper identification of each horse inspected;

     (b) Observation of each horse in motion;

     (c) Manual palpation when indicated;

     (d) Observation in the paddock and saddling area, during the parade to post and at the starting gate; and

     (e) Any other inspection deemed necessary by an official veterinarian.

     (5) Every horse shall be observed by an official veterinarian during and after the race.

     (6) The official veterinarian shall maintain a confidential health and racing soundness record of each horse inspected.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-570, filed 4/17/96, effective 5/18/96.]

     (2) A horse may be removed from the veterinarian's list when, in the opinion of the official veterinarian, the horse is capable of competing in a race.

     (3) An official veterinarian shall maintain a bleeder list of all horses, which have demonstrated external evidence of exercise induced pulmonary hemorrhage from one or both nostrils during or after a race or workout as observed by an official veterinarian. Every confirmed bleeder, regardless of age, shall be placed on the bleeder list and be ineligible to race for the following time periods:

     (a) First incident - fourteen days;

     (b) Second incident within a three hundred sixty-five day period - thirty days;

     (c) Third incident within a three hundred sixty-five day period - one hundred eighty days;

     (d) Fourth incident within a three hundred sixty-five day period - barred from racing for life.

     (4) For the purposes of counting the number of days a horse is ineligible to run, the day the horse bled externally is the first day of the recovery period.

     (5) The voluntary administration of furosemide without an external bleeding incident shall not subject the horse to the initial period of ineligibility as defined in this section.

     (6) A horse may be removed from the bleeder list only upon the direction of an official veterinarian, who shall certify in writing to the stewards the recommendation for removal.

     (7) A horse, which has been placed on a bleeder list in another jurisdiction pursuant to this section, shall be placed on the bleeder list maintained by an official veterinarian.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-580, filed 4/17/96, effective 5/18/96.]

     (2) ((An official)) A commission veterinarian shall determine a minimum sample requirement for the primary testing laboratory.

     (a) If the specimen obtained from a horse is less than the minimum sample requirement, the entire specimen shall be sent to the primary testing laboratory.

     (b) If a specimen obtained is greater than the minimum sample requirement but less than twice that amount, the portion of the sample that is greater than the minimum sample requirement shall be secured as the split sample.

     (c) If a specimen obtained is greater than twice the minimum sample requirement, a portion of the sample approximately equal to the amount provided for the primary testing laboratory shall be secured as the split sample.

     (d) Blood samples must be collected at a consistent time, preferably not later than one hour post-race.

     (e) At Class C race tracks the splitting of samples will be conducted by the primary testing laboratory.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-600, filed 4/17/96, effective 5/18/96.]

     (a) A split sample shall be secured in the test barn under the same manner as the portion of the specimen acquired for shipment to a primary laboratory until such time as specimens are packed and secured for shipment to the primary laboratory. Split samples shall then be transferred to a freezer at a secure location approved by the commission.

     (b) A freezer for storage of split samples shall be equipped with a lock. The lock shall be closed and locked ((so as)) to prevent access to the freezer at all times except as specifically provided by these rules.

     (c) A freezer for storage of split samples shall be opened only for depositing or removing split samples, for inventory, or for checking the condition of samples.

     (d) A log shall be maintained by the official veterinarian that shall be used each time a split sample freezer is opened to specify each person in attendance, the purpose for opening the freezer, identification of split samples deposited or removed, the date and time the freezer was opened, and the time the freezer was closed and to verify that the lock was secured prior to and after opening of the freezer.

     (e) Any evidence of a malfunction of a split sample freezer or samples that are not in a frozen condition during storage shall be documented in the log and immediately reported to ((the stewards)) an official veterinarian or a designated commission representative.

     (2) A trainer or owner of a horse may request that a split sample corresponding to the portion of the specimen tested by the primary laboratory be sent to another laboratory approved by the commission. The request must be made in writing and delivered to the stewards not later than 48 hours after the trainer of the horse receives written notice of the findings of the primary laboratory. Any split sample so requested must be shipped within an additional 72 hours.

     (3) The owner or trainer requesting testing of a split sample shall be responsible for the cost of shipping and testing. Failure of the owner, trainer or designee to appear at the time and place designated by the official veterinarian shall constitute a waiver of all rights to split sample testing. Prior to shipment, the commission shall confirm the split sample laboratory's willingness to provide the testing requested, the laboratory's willingness to send results to both the person requesting the testing and the commission, and arrangements for payment satisfactory to the split sample laboratory. A split sample testing laboratory must be approved by the commission. The commission shall maintain a list of laboratories approved for testing of split samples.

     (4) Prior to opening the split sample freezer, the commission shall provide a split sample chain of custody verification form that shall provide a place for recording the following information and such other information as the official veterinarian may require. The form shall be fully completed during the retrieval, packaging, and shipment of the split sample.

Split sample chain of custody form requirements:

     (a) The date and time the sample is removed from the split sample freezer;

     (b) The sample number;

     (c) The address where the split sample is to be sent;

     (d) The name of the carrier and the address where the sample is to be taken for shipment;

     (e) Verification of retrieval of the split sample from the freezer;

     (f) Verification of each specific step of the split sample packaging in accordance with the recommended procedure;

     (g) Verification of the address of the split sample laboratory on the split sample package;

     (h) Verification of the condition of the split sample package immediately prior to transfer of custody to the carrier; and

     (i) The date and time custody of the sample is transferred to the carrier.

     (5) A split sample shall be removed from the split sample freezer by a commission representative in the presence of the owner, trainer or designee.

     (6) A commission representative shall pack the split sample for shipment in the presence of the owner, trainer or designee, in accordance with the packaging procedures recommended by the commission. A form shall be signed by both the owner's representative and the commission representative to confirm the packaging of the split sample. The exterior of the package shall be secured and identified with initialed tape, evidence tape or other means to prevent tampering with the package.

     (7) The package containing the split sample shall be transported to the location where custody is transferred to the delivery carrier charged with delivery of the package to the commission approved laboratory selected by the owner or trainer.

     (8) The owner, trainer or designee may inspect the package containing the split sample immediately prior to transfer to the delivery carrier to verify that the package is intact and has not been tampered with.

     (9) The split sample chain of custody verification form shall be completed and signed by the representatives of the commission and the owner, trainer or designee. A commission representative shall keep the original and provide a copy for the owner, trainer or designee.

[Statutory Authority: RCW 67.16.020. 03-11-018, § 260-70-610, filed 5/12/03, effective 6/12/03. Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-610, filed 4/17/96, effective 5/18/96.]

     (2) A finding by the ((official chemist)) commission approved laboratory of a prohibited drug, chemical or other substance in a test specimen of a horse is prima facie evidence that the prohibited drug, chemical or other substance was administered to the horse and, in the case of a post-race test, was present in the horse's body while it was participating in a race. Prohibited substances include:

     (a) Drugs or medications for which no acceptable ((levels have)) threshold concentration has been established;

     (b) Therapeutic medications in excess of ((acceptable levels established by the commission)) established threshold concentrations;

     (c) Substances present in the horse in excess of ((levels)) concentrations at which such substances could occur naturally; and

     (d) Substances foreign to a horse at ((levels)) concentrations that cause interference with testing procedures.

     (3) ((No person shall administer, attempt to minister, or aid or abet in the administration of, any medication or drug to a horse entered to race within 24 hours of the race in which entered except in accordance with these rules.

     (4) Drugs or medications in horses are permissible, provided:

     (a) The drug or medication is included in the commission's list of quantitative medication levels;

     (b) Approved nonsteroidal anti-inflammatory drugs (NSAIDS) may be administered to a horse, but not on a race day. No more than one of the NSAIDS may be used on or carried in a horse's body at any one time;

     (c) The maximum permissible urine or blood concentration of the drug or medication does not exceed the published limit.

     (5))) Except as otherwise provided by this chapter, a person may not administer or cause to be administered, or attempt to administer by any means including naso gastric tube or dose syringe, to a horse a prohibited drug, medication, chemical or other substance, including any ((restricted)) permitted medication, pursuant to this chapter during the 24-hour period before post time for the race in which the horse is entered.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-620, filed 4/17/96, effective 5/18/96.]

	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)) 25 pg/ml serum or plasma
	Acepromazine	25 ng/ml urine
	Promazine	25 ng/ml urine
	Salicylates	750 ng/ml urine
	Albuterol	1 ng/ml urine
	Pyrilamine	50 ng/ml urine
	Theobromine	2000 ng/ml urine

     The official urine test sample may not contain more than one of the above drug substances, including their metabolites or analogs, in an amount up to the specified level. Official blood test samples must not contain any of the drug substances listed ((in this rule)) above, including their metabolites or analogs.

     (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)) serum or plasma
	Benzoylecgonine	50 ng/ml urine
	Morphine Glucuronides	50 ng/ml urine

     ((Official blood test samples must not contain any of the substances listed in this rule, including their metabolites or analogs.))

[Statutory Authority: RCW 67.16.020. 04-05-095, § 260-70-630, filed 2/18/04, effective 3/20/04; 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.]

     (3) Meclofenamic acid shall be administered in such dosage amount that the test sample shall contain not more than 1 microgram of the drug substance, its metabolites or analogs per milliliter of blood plasma.))

     (1) Non-steroidal anti-inflammatory drugs (NSAIDs).

     (2) The use of one of three approved NSAIDs shall be permitted under the following conditions:

     (a) Not to exceed the following permitted serum or plasma threshold concentrations, which are consistent with administration by a single intravenous injection at least twenty-four hours before the post time for the race in which the horse is entered:

     (i) Phenylbutazone - 5 micrograms per milliliter;

     (ii) Flunixin - 20 nanograms per milliliter;

     (iii) Ketoprofen - 10 nanograms per milliliter.

     (b) These or any other NSAID are prohibited to be administered within the twenty-four hours before post time for the race in which the horse is entered.

     (c) The presence of more than one of the three approved NSAIDs or any unapproved NSAID in the post-race serum or plasma sample is not permitted. The use of all but one of the approved NSAIDs shall be discontinued at least forty-eight hours before the post time for the race in which the horse is entered.

     Except a concentration of less than 1 mcg/ml of phenylbutazone shall be permitted.

     (3) Any horse to which a NSAID has been administered shall be subject to having a blood and/or urine sample(s) taken at the direction of an official veterinarian to determine the quantitative NSAID level(s) and/or the presence of other drugs which may be present in the blood or urine sample(s).

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-640, filed 4/17/96, effective 5/18/96.]

     (1) Cimetidine (Tagamet¦) - 8-20 mg/kg PO BID - TID

     (2) Omeprazole (Gastrogard¦) - 2.2 grams PO SID

     (3) Ranitidine (Zantac¦) - 8 mg/kg PO BID

[]

     (2) The use of furosemide shall be permitted under the following circumstances:

     (a) Furosemide shall be administered on the grounds of the association, by a ((singular)) single intravenous injection, prior to post time for the race for which the horse is entered.

     (b) The furosemide 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)) an 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 name of the horse, the horse's tattoo number, racetrack name, the date and time the furosemide was administered to the entered horse;

     (ii) The dosage amount of furosemide administered to the entered horse; and

     (iii) The printed name and signature of the attending licensed veterinarian who administered the furosemide.

     (iv) The signature of the trainer or his/her representative.

     (d) Failure to administer furosemide in accordance with these rules may result in the horse being scratched from the race by the stewards.

[Statutory Authority: RCW 67.16.020. 03-06-004, § 260-70-650, filed 2/20/03, effective 3/23/03. 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 furosemide list shall be placed in a ((pre-race)) prerace 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 shall be the stall regularly assigned that horse for its customary stabling. Once placed in the detention stall, a horse must remain in ((it's)) its 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 detention stall to engage in exercise blowouts or warm-up heats.

     (2) The confirmation of a horse eligible to race with furosemide must be certified in writing by an official veterinarian and entered on the 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 furosemide certification shall be affixed to the horse's certificate of registration.

     (3) Every horse eligible to race with furosemide, regardless of age, shall be placed on the furosemide list.

     (4) 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)) provided by the commission veterinarian 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)) sixty calendar days unless determined to be detrimental to the welfare of the horse, in consultation with ((the commission designee)) an official veterinarian. If a horse is removed from the official furosemide list a second time in a three hundred sixty-five day period, the horse may not be placed back on the list for a period of ninety calendar days.

     (5) A horse which has been placed on a furosemide or bleeder list in another jurisdiction may be placed on the furosemide list 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 or plasma shall ((then)) be performed((, and concentrations)). Concentrations above 100 nanograms of furosemide per milliliter of serum or plasma shall constitute a violation of WAC ((260-70-700)) 260-84-100.

     (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 67.16.020. 03-06-004, § 260-70-660, filed 2/20/03, effective 3/23/03. Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-660, filed 4/17/96, effective 5/18/96.]

     (1) Class 1

     Opiates, opium derivatives, synthetic opioids, psychoactive drugs, amphetamines and U.S. Drug Enforcement Agency (DEA) scheduled I and II drugs. Also found in this class are drugs which are potent stimulants of the nervous system. Drugs in this class have no generally accepted medical use in the ((race horse)) racehorse and their pharmacological potential for altering the performance of a race is very high.

     (2) Class 2

     Drugs in this category have a high potential for affecting the outcome of a race. Most are not generally accepted as therapeutic agents in the ((race horse)) racehorse. Many are products intended to alter consciousness or the psychic state of humans, and have no approved or indicated use in the horse. Some, such as injectable local anesthetics, have legitimate use in equine medicine, but should not be found in a ((race horse)) racehorse. The following groups of drugs are in this class:

     (a) Opiate partial agonists, or agonist-antagonists;

     (b) Nonopiate psychotropic drugs, which may have stimulant, depressant, analgesic or neuroleptic effects;

     (c) Miscellaneous drugs which might have a stimulant effect on the central nervous system (CNS);

     (d) Drugs with prominent CNS depressant action;

     (e) Antidepressant and antipsychotic drugs, with or without prominent CNS stimulatory or depressant effects;

     (f) Muscle blocking drugs, which have a direct neuromuscular blocking action;

     (g) Local anesthetics which have a reasonable potential for use as nerve blocking agents (except procaine); and

     (h) Snake venoms and other biologic substances, which may be used as nerve blocking agents.

     (3) Class 3

     Drugs in this class may or may not have an accepted therapeutic use in the horse. Many are drugs that affect the cardiovascular, pulmonary and autonomic nervous systems. They all have the potential of affecting the performance of a ((race horse)) racehorse. The following groups of drugs are in this class:

     (a) Drugs affecting the autonomic nervous system which do not have prominent CNS effects, but which do have prominent cardiovascular or respiratory system effects (bronchodilators are included in this class);

     (b) A local anesthetic, which has nerve blocking potential but also has a high potential for producing urine residue levels from a method of use not related to the anesthetic effect of the drug (procaine);

     (c) Miscellaneous drugs with mild sedative action, such as the sleep inducing antihistamines;

     (d) Primary vasodilating/hypotensive agents; and

     (e) Potent diuretics affecting renal function and body fluid composition.

     (4) Class 4

     This category is comprised primarily of therapeutic medications routinely used in ((race horses)) racehorses. These may influence performance, but generally have a more limited ability to do so. Groups of drugs assigned to this category include the following:

     (a) Non-opiate drugs which have a mild central analgesic effect;

     (b) Drugs affecting the autonomic nervous system, which do not have prominent CNS, cardiovascular or respiratory effects;

     (i) Drugs used solely as topical vasoconstrictors or decongestants,

     (ii) Drugs used as gastrointestinal antispasmodics,

     (iii) Drugs used to void the urinary bladder,

     (iv) Drugs with a major effect on CNS vasculature or smooth muscle of visceral organs.

     (c) Antihistamines, which do not have a significant CNS depressant effect (This does not include H1 blocking agents, which are listed in Class 5);

     (d) Mineralocorticoid drugs;

     (e) Skeletal muscle relaxants;

     (f) Anti-inflammatory drugs--those that may reduce pain as a consequence of their anti-inflammatory actions, which include:

     (i) Nonsteroidal anti-inflammatory drugs (NSAIDs)--aspirin-like drugs;

     (ii) Corticosteroids (glucocorticoids); and

     (iii) Miscellaneous anti-inflammatory agents.

     (g) Anabolic and/or androgenic steroids and other drugs;

     (h) Less potent diuretics;

     (i) Cardiac glycosides and antiarrhythmics including:

     (i) Cardiac glycosides;

     (ii) Antiarrhythmic agents (exclusive of lidocaine, bretylium and propranolol); and

     (iii) Miscellaneous cardiotonic drugs.

     (j) Topical anesthetics--agents not available in injectable formulations;

     (k) Antidiarrheal agents;

     (l) Miscellaneous drugs including:

     (i) Expectorants with little or no other pharmacologic action;

     (ii) Stomachics; and

     (iii) Mucolytic agents.

     (m) Substances foreign to a horse at levels that cause interference with testing procedures.

     (5) Class 5

     (((a))) Drugs in this category are therapeutic medications for which concentration limits have been established as well as certain miscellaneous agents. Included specifically are agents, which have very localized action only, such as anti-ulcer drugs and certain antiallergic drugs. The anticoagulant drugs are also included.

     (((b) Noninterfering levels of sulfa drugs, antibiotics, anthelmintics and vitamins in a horse's post-race urine or blood test may not be considered a violation of these rules.))

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-680, filed 4/17/96, effective 5/18/96.]

     (2) ((The trainer shall promptly report to the racing secretary and the official veterinarian when a posterior digital neurectomy is performed and ensure that such fact is designated on the horses certificate of registration.

     (3) Notwithstanding the prohibition against "nerving,")) A horse upon which a posterior digital neurectomy has been performed((, commonly known as "heel nerving")) is eligible to race, ((subject to the prohibitions in this article pertaining to nerving,)) provided that ((the)) an official veterinarian is satisfied that the loss of sensation to such horse due to the posterior digital neurectomy will not endanger the safety of any horse or rider, that the prior approval of ((the)) an official veterinarian has been obtained if the horse is on the grounds of a racing association, that the racing secretary is notified of ((such nerving)) the posterior digital neurectomy at the time such horse is admitted to the grounds of a racing association and its registration or eligibility certificate marked to indicate ((such nerving)) that a posterior digital neurectomy was performed.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-720, filed 4/17/96, effective 5/18/96.]

     (2) The commission veterinarian may require a postmortem examination of any horse that expires while housed on association grounds ((or at recognized training facilities)) within this jurisdiction. Trainers and owners shall be required to comply with such action as a condition of licensure.

     (3) The commission veterinarian may take possession of the horse upon death for postmortem examination. The commission veterinarian may submit blood, urine, other bodily fluid specimens or other tissue specimens collected during a postmortem examination for ((testing by the commission-selected laboratory or its designee)) analysis. Upon completion of the postmortem examination, the remains may be returned to the owner or disposed of at the owner's option.

     (4) The presence of a prohibited substance in a ((horse, found by the official laboratory or its designee in a bodily fluid)) specimen collected during the postmortem examination of a horse((,)) may constitute a violation of these rules.

     (5) The cost of commission-ordered postmortem examinations, testing and disposal shall be borne by the commission.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-730, filed 4/17/96, effective 5/18/96.]

     The following sections of the Washington Administrative Code are repealed:

WAC 260-70-670	Penalties--Guidelines.
WAC 260-70-690	Penalty recommendations (in the absence of mitigating circumstances).
WAC 260-70-700	Penalties relating to permitted medication.

© Washington State Code Reviser's Office