WSR 06-05-076

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed February 14, 2006, 7:33 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-23-023.

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

     Hearing Location(s): Red Lion Inn, Columbia Center, 1101 North Columbia Center Boulevard, Kennewick, WA 99336, on April 7, 2006, at 9:30 a.m.

     Date of Intended Adoption: April 7, 2006.

     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 April 3, 2006.

     Assistance for Persons with Disabilities: Contact Patty Sorby by April 3, 2006, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend chapter 260-70 WAC for (1) to continue the agency's on-going regulatory reform effort, (2) to also write and organize our rules in a more clear and concise manner so they are more easily understood by those to whom they apply, and (3) to comply with the model rules on equine medication.

     Reasons Supporting Proposal: Provides equine medication rules that conform to the national model rules and updates agency rules.

     Statutory Authority for Adoption: RCW 67.16.020.

     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 13, 2006

R. M. Leichner

Executive Secretary

OTS-8621.2


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

WAC 260-70-500   Definitions applicable to chapter 260-70 WAC.   (1) "Interfering substance" or "interfere" means and refers to any medication which might mask or screen the presence of prohibited drugs or prevent testing procedures.

     (2) "Post time" means the time set for the arrival ((at the starting point)) of the horses at the starting point in a race as specified in writing and posted by the board of stewards.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-500, filed 4/17/96, effective 5/18/96.]


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

WAC 260-70-510   Equine health and safety.   The purpose of this chapter is to protect the integrity of horse racing, to ensure the health and welfare of ((animals)) horses under the jurisdiction of the commission and to safeguard the interests of the public and the participants in racing. With this in mind, the commission shall convene an annual meeting, open to all interested parties, for the ((purpose of)) review of veterinarian practices, equine health and medication. Such meeting shall include:

     (1) An annual report from an official veterinarian.

     (2) Presentation of data regarding equine medication and treatment, including a review of the commission's ((list of)) quantitative medication levels and any recommendations for modifications ((to the list of quantitative medication levels)).

     (3) Public comment regarding equine health and safety, medication and veterinarian practices.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-510, filed 4/17/96, effective 5/18/96.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

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 prohibited substance, including permitted medication in excess of the maximum allowable concentration, in horses in his/her care. A positive test for a prohibited drug, medication or substance, including permitted medication in excess of the maximum allowable concentration, 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) 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))) (h) Maintaining a knowledge of the medication record and medication status of horses in his/her care;

     (((j))) (i) 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))) (j) Ensuring the fitness to perform creditably at the distance entered;

     (((l))) (k) 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))) (l) Ensuring proper bandages, equipment and shoes; and

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

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

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-067, § 260-70-520, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-520, filed 4/17/96, effective 5/18/96.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

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)) make a recommendation to the stewards or the commission of the discipline((, which may)) to be imposed upon a veterinarian who ((violates)) has violated the rules.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-067, § 260-70-530, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-530, filed 4/17/96, effective 5/18/96.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

WAC 260-70-540   Veterinarians' reports.   (1) Every veterinarian who treats a racehorse at any location under the jurisdiction of the commission shall, in writing on a form approved by the commission, provide a treatment report to an official veterinarian. The report shall include the name of the horse treated, any medication, drug or substance or procedure administered or prescribed, the name of the trainer of the horse, the date and time of treatment and any other information requested by the official veterinarian.

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

     (3) The report shall be on file not)), and filed with the official veterinarian no 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))) post time of the race for which the horse is entered.

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

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-067, § 260-70-540, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-540, filed 4/17/96, effective 5/18/96.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

WAC 260-70-545   Prohibited practices.   The following are ((considered)) prohibited practices:

     (1) The possession or use of a drug, substance or medication, specified ((below)) in subsection (3) of this section, on the premises of a facility under the jurisdiction of the 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 the use of which may adversely affect the integrity of racing; or

     (2) The possession or use of a drug 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)), or any forbidden substance.

     (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

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

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

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

     (c) Prior to use, a report has been filed with an official veterinarian advising that any Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy machine((s)) is on the association grounds ((must be reported to an official veterinarian before use));

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

     (((c))) (5) 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 and 67.16.040. 05-07-067, § 260-70-545, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.020. 04-05-094, § 260-70-545, filed 2/18/04, effective 3/20/04.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

WAC 260-70-550   ((Medical)) Medication labeling.   (1) No person on association grounds ((where horses are lodged or kept)), excluding licensed veterinarians, shall have in or upon association grounds ((which that person occupies or has the right to occupy)), or in that person's personal property or effects or vehicle in that person's care, custody or control, a drug, medication, chemical, foreign substance or other substance that is prohibited in a horse on a race day unless the product is labeled in accordance with this subsection.

     (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 67.16.020 and 67.16.040. 05-07-067, § 260-70-550, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-550, filed 4/17/96, effective 5/18/96.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

WAC 260-70-560   Treatment restrictions.   (1) Except as otherwise provided by this subsection, no person other than a veterinarian licensed to practice veterinary medicine in this jurisdiction and licensed by the commission may administer a prescription or controlled medication, drug, chemical or other substance (including any medication, drug, chemical or other substance by injection) to a horse at any location under the jurisdiction of the commission.

     (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)), except that any such supplements or substances that have been disapproved by an official veterinarian may not be administered;

     (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)) stewards. 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)) stewards. 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)) on possession of a needle and syringe established by the stewards ((and/or the commission)).

     (4) Veterinarians shall not treat or administer medication or drugs to any entered horse on a race day, and before the post time for the race the horse is entered to run, except for the administration of furosemide under the guidelines set forth in WAC 260-70-650, unless approved by the official veterinarian.

     (5) Any horse entered for racing must be present on the grounds as follows, except with the prior approval of the official veterinarian:

     (a) A first time starter must be present on the grounds two hours prior to the first post time or five hours prior to the post for the race the horse is entered for racing, whichever is earlier.

     (b) A horse that has previously started must be present on the grounds five hours prior to the post time for the race the horse is entered for racing.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-067, § 260-70-560, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-560, filed 4/17/96, effective 5/18/96.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

WAC 260-70-570   Physical inspection of horses.   All horses at locations under the jurisdiction of the commission shall be subject to inspections at the discretion of the stewards or an official veterinarian.

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

     (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 an official veterinarian.

     (((4))) (3) The ((veterinary inspection of a horse's racing condition, at a minimum shall include)) assessment of a horse's racing condition shall be based on the recommendations of the American Association of Equine Practitioners and shall include:

     (a) Proper identification of each horse inspected;

     (b) Observation of each horse in motion;

     (c) Manual palpation when indicated;

     (d) Close 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))) (4) Every horse shall be observed by an official veterinarian during and after the race.

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

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-067, § 260-70-570, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-570, filed 4/17/96, effective 5/18/96.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

WAC 260-70-580   Veterinarian's list.   (1) An official veterinarian shall maintain a list of all horses which are determined to be unfit to compete in a race due to illness, physical distress, unsoundness, infirmity or other medical condition.

     (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.)) (a) Horses placed on the veterinarian's list will remain on the list for a minimum of ten days. For purposes of counting days, the first day on the veterinarian's list is the day the horse is placed on the veterinarian's list.

     (b) A horse may be removed from the veterinarian's list after the tenth day. Horses that must work to be removed from the veterinary list due to soreness, lameness, or certain injuries will be allowed to work no sooner than the eleventh day after being placed on the list.

     (i) Works should be scheduled with the official veterinarian twenty-four hours in advance.

     (ii) Horses must work a minimum distance to be determined by the official veterinarian in a time comparable for the track condition that day.

     (iii) A blood test will be taken by an official veterinarian following the workout and medications levels may not exceed permitted post-race levels.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-067, § 260-70-580, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-580, filed 4/17/96, effective 5/18/96.]


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

WAC 260-70-590   Reporting to the test barn.   (1) The official winning horse and any other horse ordered by the stewards, official veterinarian or the commission shall be taken to the test barn to have a blood and/or urine sample taken at the direction of an official veterinarian.

     (2) Random or extra testing may be required by the stewards, the official veterinarian, or the commission at any time on any horse on association grounds.

     (3) Unless otherwise directed by the stewards or an official veterinarian, a horse that is selected for testing must be taken directly to the test barn.

     (4) Access to the test barn ((and, if applicable, receiving barn)) shall be monitored and restricted. All persons who wish to enter the test barn((/receiving barn area)) must be currently licensed by the commission, display their commission identification badge and have a legitimate reason for being in the test barn area. No horse shall have more than three representatives in the test barn at any one time.

[Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-590, filed 4/17/96, effective 5/18/96.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

WAC 260-70-610   Storage and shipment of split samples.   (1) Split samples obtained in accordance with WAC 260-70-600((, subsection)) (2)(b) and ((2)) (c) shall be secured and made available for further testing in accordance with the following procedures:

     (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 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 an official veterinarian or a designated commission representative.

     (2) A trainer or owner of a horse having been notified that a written report from a primary laboratory states that a substance has been found in a specimen obtained pursuant to these rules 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)) The split sample ((so requested must)) shall be shipped within ((an additional 72)) seventy-two hours of the delivery of the request for testing to the stewards.

     (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 to package the split sample for shipping 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)) and to send results to both the person requesting the testing and the commission, ((and)) shall be confirmed. Arrangements for payment satisfactory to the split sample laboratory shall also be confirmed. A laboratory for the testing of 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)). 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.


Split sample chain of custody verification 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, and packaged for shipment by ((a commission representative)) an official veterinarian or designee 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)) The split sample chain of custody verification form shall be signed by both the owner's representative and the ((commission representative)) official veterinarian or designee 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. 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.

     (((7))) (6) 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 and 67.16.040. 05-07-067, § 260-70-610, filed 3/11/05, effective 4/11/05. 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.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

WAC 260-70-620   Medication restrictions.   (1) ((No horse shall have in its body any prohibited or interfering substance, or permitted medication, except as provided in this chapter.

     (2))) A finding by the 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 threshold concentration has been established;

     (b) Therapeutic medications in excess of established threshold concentrations;

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

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

     (((3))) (2) Except as otherwise provided by this chapter, a person may not administer or cause to be administered to a horse by any means, ((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 ((permitted)) restricted medication((,)) pursuant to this chapter during the ((24-)) twenty-four hour period before post time for the race in which the horse is entered.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-067, § 260-70-620, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-620, filed 4/17/96, effective 5/18/96.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

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
Clenbuterol 25 pg/ml serum or plasma
Acepromazine 25 ng/ml urine
Promazine 25 ng/ml urine
Salicylates 750,000 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)) exceeding the specified level. Official blood test samples must not contain any of the drug substances listed above, including their metabolites or analogs, except for ((their)) the threshold((s)) amount established in this rule.

     (2) ((The following)) Certain substances ((shall)) can be considered environmental contaminants ((and are permissible in test samples up to the stated quantitative levels)) in that they are endogenous to the horse or that they can arise from plants traditionally grazed or harvested as equine feed or are present in equine feed because of contamination during the cultivation, processing, treatment, storage or transportation phases.

     (3) Certain drugs are recognized as substances of human use and addiction and which could be found in a horse. The following are permissible in test samples up to the stated quantitative levels:


Caffeine 100 ng/ml serum or plasma
Benzoylecgonine 50 ng/ml urine
Morphine Glucuronides 50 ng/ml urine

     (4) If the preponderance of evidence presented in a stewards ruling conference shows that a positive test is the result of environmental contamination or inadvertent exposure due to human drug use, that evidence should be considered as a mitigating factor in any disciplinary action taken against the trainer.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-067, § 260-70-630, filed 3/11/05, effective 4/11/05. 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.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

WAC 260-70-640   Permitted medication.   Trainers using permitted medication in the care of their horses are subject to all rules governing such medications. Failure to administer permitted medication to a horse on a program of permitted medication shall be a violation of these rules.

     (1) ((Nonsteroidal anti-inflammatory drugs (NSAIDs).

     (2))) The use of one of three approved nonsteroidal anti-inflammatory drugs (NSAIDs) shall be permitted under the following conditions:

     (a) ((Not to)) The drug shall not 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)) No NSAID ((are prohibited to be)), including the approved NSAIDs listed in this rule, may 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, with the exception of Phenylbutazone in a concentration below 1 microgram per milliliter of serum or plasma or any unapproved NSAID in the post-race serum or plasma sample is not permitted((, except the presence of two approved NSAIDs is allowed if one of them is phenylbutazone with a concentration of less than 1 mcg/ml)). 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.

     (((3))) (2) 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 67.16.020 and 67.16.040. 05-07-067, § 260-70-640, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-640, filed 4/17/96, effective 5/18/96.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

WAC 260-70-645   Anti-ulcer medications.   The following anti-ulcer medications are permitted to be administered, at the stated dosage, up to twenty-four hours prior to the race in which the horse is entered.

     (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

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

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-067, § 260-70-645, filed 3/11/05, effective 4/11/05.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

WAC 260-70-650   Furosemide.   (1) Furosemide may be administered intravenously to a horse which is entered to compete in a race. Except under the instructions of the official veterinarian for the purpose of removing a horse from the veterinarian's list or to facilitate the collection of a urine sample, furosemide shall be permitted only after the official veterinarian has placed the horse on the furosemide or bleeder list.

     (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 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 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.

     (e) Test results must show a detectable concentration of the drug in the post-race serum, plasma or urine sample.

     (i) The specific gravity of post-race urine samples may be measured to ensure that samples are sufficiently concentrated for proper chemical analysis. The specific gravity shall not be below 1.010. If the specific gravity of the urine is found to be below 1.010 or if a urine sample is unavailable for testing, quantitation of furosemide in serum or plasma shall be performed;

     (ii) Quantitation of furosemide in serum or plasma shall be performed when the specific gravity of the corresponding urine sample is not measured or if measured below 1.010. Concentrations may not exceed 100 nanograms of furosemide per milliliter of serum or plasma.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-067, § 260-70-650, filed 3/11/05, effective 4/11/05. 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.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

WAC 260-70-660   Furosemide and bleeder lists.   (((1)(a))) The official veterinarians shall maintain a furosemide list and a bleeder list of all horses eligible to race with furosemide. The list is a statewide list that applies ((only at Class A or Class B)) to all licensed associations ((and not at any other track)).

     (((b))) (1) Furosemide list.

     (a) 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)) official veterinarian prior to the close of entries to ensure public notification.

     (((c))) (b) If the ((commission)) official veterinarian so orders, a horse((s)) placed on the furosemide list shall be placed ((in a prerace detention)) in detention in its regularly assigned 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 its barn or on its assigned hotwalker until it is taken to the receiving barn or to the paddock to be saddled for the race, except that the stewards may permit a horse((s)) to leave ((the)) detention ((stall)) to engage in exercise blowouts or warm-up heats.

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

     (((4))) (e) 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 provided by the official veterinarian and must be submitted to the ((commission designee)) official veterinarian no ((late)) later 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 sixty calendar days unless determined to be detrimental to the welfare of the horse, in consultation with 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))) (2) Bleeder list.

     (a) The 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 the official veterinarian.

     (b) Every confirmed bleeder, regardless of age, shall be placed on the bleeder list and be ineligible to race for the following time periods:

     (i) First incident - fourteen days;

     (ii) Second incident within three hundred and sixty-five day period - thirty days;

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

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

     (c) 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.

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

     (e) Every horse that is confirmed a bleeder shall have a notation affixed to the horse's certificate of registration.

     (f) A horse may be removed from the bleeder list only upon the direction of the official veterinarian.

     (3) 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 be performed. Concentrations above 100 nanograms of furosemide per milliliter of serum or plasma shall constitute a violation of WAC 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 shall be in violation of these rules.))

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-067, § 260-70-660, filed 3/11/05, effective 4/11/05. 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.]


AMENDATORY SECTION(Amending WSR 05-17-123, filed 8/18/05, effective 9/18/05)

WAC 260-70-675   Bicarbonate testing.   No bicarbonate-containing substance or alkalizing substance that effectively alters the serum or plasma pH or concentration of bicarbonates or total carbon dioxide in a horse shall be administered to a horse within twenty-four hours of post time of the race in which the horse is entered.

     The official veterinarian, the board of stewards or the executive secretary acting on behalf of the commission may at their discretion and at any time order the collection of test samples from any horses ((present)) either in the horse's stall or within the receiving or test barn to determine the serum or plasma pH or concentration of bicarbonate, total carbon dioxide, or electrolytes.

     Test samples shall not exceed 37.0 millimoles of total carbon dioxide concentration per liter of serum or plasma. A serum or plasma total carbon dioxide level exceeding this value shall constitute a violation of this rule. Penalties shall be assessed as a Class 4 violation as provided in WAC 260-84-110.

     Split samples will be taken from all horses entered to run in a race when bicarbonate testing is to be done. When split samples are taken, they shall be shipped as soon as practical to the commission-approved laboratories for total carbon dioxide split sample testing. The commission shall be responsible for the cost of shipping and testing of split samples taken under this section.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-17-123, § 260-70-675, filed 8/18/05, effective 9/18/05.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

WAC 260-70-680   Uniform classification guidelines.   The following outline describes the types of substances placed in each category. This list shall be publicly posted in the offices of the official veterinarian and the racing secretary.

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

     (((d))) (c) Mineralocorticoid drugs;

     (((e))) (d) Skeletal muscle relaxants;

     (((f))) (e) 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))) (f) Anabolic and/or androgenic steroids and other drugs;

     (((h))) (g) Less potent diuretics;

     (((i))) (h) Cardiac glycosides and antiarrhythmics including:

     (i) Cardiac glycosides;

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

     (iii) Miscellaneous cardiotonic drugs.

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

     (((k))) (j) Antidiarrheal agents; and

     (((l))) (k) 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

     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.

     (6) Nonclassified substances

     Nonclassified substances are considered to have no effect on the physiology of a horse, except to improve nutrition or treat or prevent infections or parasite infestations. These substances normally include antimicrobials, antiparasitic drugs, and nutrients such as vitamins.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-067, § 260-70-680, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-680, filed 4/17/96, effective 5/18/96.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

WAC 260-70-720   Posterior digital neurectomy.   (1) No person shall bring onto the grounds of a racing association, or enter or cause to be entered in any race, or sell, offer for sale, or act as ((a bloodstock)) an agent in the sale of((,)) any horse on the grounds under the jurisdiction of the commission that has had a posterior digital neurectomy performed, or has had any nerve removed from the leg of such horse, except as provided in this chapter.

     (2) A horse upon which a posterior digital neurectomy has been performed is eligible to race((, provided that)) if the following conditions are met:

     (a) Prior approval of an official veterinarian has been obtained before the horse was brought onto the grounds of the racing association;

     (b) An official veterinarian is satisfied that the loss of sensation to ((such)) the horse due to the posterior digital neurectomy will not endanger the safety of ((any horse or rider, that the prior approval of an official veterinarian has been obtained if the horse is on the grounds of a racing association, that)) the public and the participants in racing and does not compromise the integrity of horse racing;

     (c) The racing secretary is notified of the posterior digital neurectomy at the time ((such)) the horse is admitted to the grounds of ((a)) the racing association; and ((its))

     (d) The horse's registration or eligibility certificate has been marked to indicate that a posterior digital neurectomy was performed.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 05-07-067, § 260-70-720, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-720, filed 4/17/96, effective 5/18/96.]


AMENDATORY SECTION(Amending WSR 05-07-067, filed 3/11/05, effective 4/11/05)

WAC 260-70-730   Postmortem examination.   (1) The commission may require a postmortem examination of any horse that is injured ((in this jurisdiction)) on the grounds of a racing association during its scheduled race meet and training periods, while the horse is in training or in competition and that subsequently expires or is destroyed, or any horse that expires while housed on the grounds. In proceeding with a postmortem examination the commission or its designee shall coordinate with the trainer and/or owner to determine and address any insurance requirements.

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

     (3) The official veterinarian may take possession of the horse upon death for postmortem examination. The official veterinarian may submit blood, urine, other bodily fluid specimens or other tissue specimens collected during a postmortem examination for 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 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 67.16.020 and 67.16.040. 05-07-067, § 260-70-730, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.040. 96-10-001, § 260-70-730, filed 4/17/96, effective 5/18/96.]