WSR 07-01-115

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed December 20, 2006, 10:36 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-17-030.

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 February 9, 2007, at 9:30 a.m.

Date of Intended Adoption: February 9, 2007.

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 February 6, 2007.

Assistance for Persons with Disabilities: Contact Patty Sorby by February 6, 2007, TTY (360) 459-6462.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to insure the equine medication rules are consistent with the national model rules of racing and that they are also written in clear and concise language. The changes to the sections in this chapter are minor and intended to clarify rather than be substantive changes.

Reasons Supporting Proposal: Proposal complies with the national mode [model] rules of racing and the proposed amendments to this chapter are written in clear and concise language.

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.

December 20, 2006

Robert J. Lopez

Deputy Executive Secretary

OTS-9457.1


AMENDATORY SECTION(Amending WSR 06-09-009, filed 4/10/06, effective 5/11/06)

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 from detecting a prohibited drug.

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

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-09-009, 260-70-500, filed 4/10/06, effective 5/11/06. Statutory Authority: RCW 67.16.040. 96-10-001, 260-70-500, filed 4/17/96, effective 5/18/96.]


AMENDATORY SECTION(Amending WSR 06-09-009, filed 4/10/06, effective 5/11/06)

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 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)) will hold an annual public meeting, ((open to all interested parties, for the)) to review ((of)) veterinarian practices, equine health and medication. ((Such)) This meeting ((shall)) will 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 quantitative medication levels and any recommendations for modifications.

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

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-09-009, 260-70-510, filed 4/10/06, effective 5/11/06. Statutory Authority: RCW 67.16.040. 96-10-001, 260-70-510, filed 4/17/96, effective 5/18/96.]


AMENDATORY SECTION(Amending WSR 06-09-009, filed 4/10/06, effective 5/11/06)

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)) must, on a form approved by the commission, ((provide a)) report all treatment ((report)) to an official veterinarian. The report ((shall)) must 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)) following:

(a) The name of the horse treated;

(b) The name of any medication, drug, or substance administered or prescribed;

(c) The procedure administered;

(d) The name of the trainer;

(e) The date and time of treatment; and

(f) Any other information required by the official veterinarian.

(2) The practicing veterinarian must sign the report ((shall be signed by the practicing veterinarian,)) and ((filed)) file the report with ((the)) an official veterinarian no later than post time of the race for which the horse is entered. If the horse is not entered to run in a race, the report must be filed with an official veterinarian within forty-eight hours of treatment.

(3) A timely and accurate treatment report may be ((used in the mitigation of the penalty)) considered by the stewards or the commission as a mitigating factor when determining the penalty for violation of these rules.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-09-009, 260-70-540, filed 4/10/06, effective 5/11/06; 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 06-09-009, filed 4/10/06, effective 5/11/06)

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

(1) The possession or use of ((a)) any drug, substance, or medication((, specified in subsection (3) of this section, on the premises of a facility under the jurisdiction of the commission; 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)) if the use may endanger the health or welfare of the horse or endanger the safety of the rider, or 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, or any ((forbidden)) substance forbidden by an official veterinarian.

(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:

(a) Erythropoietin

(b) Darbepoietin

(c) Oxyglobin

(d) Hemopure

(4) ((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)) may not 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)) may only be used by licensed veterinarians ((licensed by the commission));

(c) ((Prior to use, a report)) The practicing veterinarian has ((been)) filed a report with an official veterinarian ((advising)) notifying the commission that ((any)) an Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy machine is on ((the)) association grounds;

(d) All Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy treatments are reported to an official veterinarian on the prescribed form not later than ((the time prescribed by an official veterinarian)) twenty-four hours after treatment.

(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)) and without the prior ((permission)) approval of an official veterinarian.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-09-009, 260-70-545, filed 4/10/06, effective 5/11/06; 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 06-09-009, filed 4/10/06, effective 5/11/06)

WAC 260-70-550   Medication labeling.   (1) No person ((on association grounds)), excluding licensed veterinarians, ((shall have in or upon association grounds, 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)) may possess any drug, medication, chemical, foreign substance or other substance unless the product is labeled as required by this rule.

(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.)) Only medications and drugs prescribed or dispensed by a veterinarian licensed to practice veterinary medicine in this jurisdiction may be on the grounds of a racing association during its licensed race meet or training periods. All ((such allowable)) medications must have a prescription label((, which is securely)) attached ((and clearly ascribed to show)) with 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 horse ((for whom)) (patient) 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 trainer or owner to whom the product was dispensed.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-09-009, 260-70-550, filed 4/10/06, effective 5/11/06; 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 06-09-009, filed 4/10/06, effective 5/11/06)

WAC 260-70-560   Treatment restrictions.   (1) Except as otherwise provided by this ((subsection)) section, 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)) Persons not licensed as veterinarians may administer the following substances, provided that, in post race testing the substances do not exceed approved quantitative levels, and the substances do not interfere with post race testing:

(a) A recognized ((noninjectable)) nutritional supplement or other substance, except that any such supplements or substances that have been disapproved by an official veterinarian may not be administered;

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

(c) A ((noninjectable)) nonprescription medication or substance.

(3) No person ((shall)), other than a licensed veterinarian, may possess a hypodermic needle, syringe or ((injectable of any kind)) device used for intravenous or intramuscular injections on ((association premises)) the grounds, unless ((otherwise)) approved by the stewards. ((At any location)) On all grounds under the jurisdiction of the commission, veterinarians may use only onetime disposable needles, and shall dispose of them in a manner approved by the ((stewards)) department of health. ((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 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 on possession of a needle and syringe established by the stewards.))

(4) A person who has a medical condition requiring the use of a hypodermic needle, syringe or other device used for intravenous or intramuscular injections must possess a valid prescription issued by a physician licensed to practice medicine and prescribe medication. Such a person must control the storage and use of these devices and may be held accountable for any unauthorized use. Any person possessing a hypodermic needle or syringe without a valid prescription may be removed from the grounds.

(5) Veterinarians ((shall)) may 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 first approved by ((the)) an 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. 06-09-009, 260-70-560, filed 4/10/06, effective 5/11/06; 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 06-09-009, filed 4/10/06, effective 5/11/06)

WAC 260-70-570   ((Physical inspection of horses.)) All horses are subject to inspection.   All horses at locations under the jurisdiction of the commission ((shall be)) are 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 an inspection by an official veterinarian.

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

(((3))) (2) The assessment of a horse's racing condition ((shall)) will be based on the recommendations of the American Association of Equine Practitioners and ((shall)) may include:

(a) Proper identification of ((each)) the 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.

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

(5) The)) (3) An official veterinarian ((shall)) will maintain a continuing health and racing soundness record of each horse inspected.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-09-009, 260-70-570, filed 4/10/06, effective 5/11/06; 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 06-09-009, filed 4/10/06, effective 5/11/06)

WAC 260-70-580   Official veterinarian's list.   (1) An official veterinarian ((shall)) will maintain a list of all horses ((which are)) determined by an official veterinarian 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)) an official veterinarian((,)) determines the horse is capable of competing in a race.

(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) After the tenth day, an owner or trainer may request 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)) an official veterinarian twenty-four hours in advance.

(ii) Horses must work a minimum distance to be determined by ((the)) an 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. 06-09-009, 260-70-580, filed 4/10/06, effective 5/11/06; 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 06-09-009, filed 4/10/06, effective 5/11/06)

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)) must 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)) an 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, unless otherwise directed by the stewards or an official veterinarian.

(4) ((Access to the test barn shall be monitored and restricted. All persons who wish to enter the test barn 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.)) Only persons currently licensed by the commission may enter the test barn on a race day. Licensees must have a valid reason for being in the test barn, and may be required to display their license. When accompanying a horse to the test barn no more than three licensees will be permitted to enter the test barn.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-09-009, 260-70-590, filed 4/10/06, effective 5/11/06. Statutory Authority: RCW 67.16.040. 96-10-001, 260-70-590, filed 4/17/96, effective 5/18/96.]


AMENDATORY SECTION(Amending WSR 06-09-009, filed 4/10/06, effective 5/11/06)

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

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

(b) A freezer ((for storage of)) used to store split samples ((shall)) will 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)) may only be opened ((only for depositing or removing)) to deposit or remove split samples, for inventory, or for checking the condition of samples.

(d) ((A)) An official veterinarian will maintain a split sample log ((shall be maintained by the official veterinarian)) that ((shall)) must 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)). The log will record the following:

(i) The name of the person opening the split sample freezer;

(ii) The purpose for opening the freezer;

(iii) The split samples deposited or removed from the freezer;

(iv) The date and time the freezer was opened;

(v) The time the freezer was closed; and

(vi) A notation verifying that the lock was secured after the freezer was closed.

(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.)) If at any time it is discovered that the split sample freezer failed or samples were discovered not in a frozen condition, an official veterinarian must document this discovery on the split sample freezer log and immediately report this to the executive secretary.

(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 forty-eight hours after the trainer of the horse receives written notice of the findings of the primary laboratory. The split sample ((shall)) must be shipped within 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)) is responsible for the cost of shipping and testing. A split sample must be removed from the split sample freezer, and packaged for shipment by an official veterinarian or designee in the presence of the owner, trainer, or designee. Failure of the owner, trainer or designee to appear at the time and place designated by ((the)) an official veterinarian to package the split sample for shipping ((shall)) will constitute a waiver of all rights to split sample testing. Prior to shipment, the split sample laboratory's willingness to provide the testing requested and to send results to both the person requesting the testing and the commission, ((shall)) must be confirmed by an official veterinarian. Arrangements for payment satisfactory to the split sample laboratory ((shall)) must also be confirmed by the owner or trainer. A laboratory for the testing of a split sample must be approved by the commission. The commission ((shall)) will maintain a list of laboratories approved for testing of split samples.

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

The split sample chain of custody verification form ((requirements)) must include the following:

(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 an official veterinarian or designee in the presence of the owner, trainer or designee.))

(j) The split sample chain of custody verification form ((shall)) must be signed by both the owner's representative and ((the)) an official veterinarian or designee to confirm the packaging of the split sample.

(5) The exterior of the package ((shall)) must 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.

(6) The package containing the split sample ((shall)) will 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.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-09-009, 260-70-610, filed 4/10/06, effective 5/11/06; 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 06-09-009, filed 4/10/06, effective 5/11/06)

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)) is a violation of these rules.

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

(a) The drug ((shall)) may 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) No NSAID, 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. The use of all but one of the approved NSAIDs ((shall)) must be discontinued at least forty-eight hours before the post time for the race in which the horse is entered.

(2) Any horse to which a NSAID has been administered ((shall be)) is 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. 06-09-009, 260-70-640, filed 4/10/06, effective 5/11/06; 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 06-09-009, filed 4/10/06, effective 5/11/06)

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)) an 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)) will be permitted only after ((the)) an official veterinarian has placed the horse on the furosemide or bleeder list.

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

(a) Furosemide ((shall)) must 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)) must not exceed 500 mg nor be less than 150 mg.

(c) The trainer of the treated horse ((shall cause to be delivered)) must deliver 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)) must 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)) will be performed;

(ii) Quantitation of furosemide in serum or plasma ((shall)) must 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. 06-09-009, 260-70-650, filed 4/10/06, effective 5/11/06; 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 06-09-009, filed 4/10/06, effective 5/11/06)

WAC 260-70-660   Furosemide and bleeder lists.   The official veterinarians ((shall)) will maintain a furosemide list and a bleeder list of all horses eligible to race with furosemide. The list is a statewide list that applies to all licensed associations.

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

(b) If ((the)) an official veterinarian so orders, a horse placed on the furosemide list ((shall)) will be placed 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. Once placed in detention, 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 to leave detention to engage in exercise blowouts or warm-up heats.

(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)) will be issued to the owner of the horse or the owner's designee upon request.

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

(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 commissioned-approved forms ((provided by the official veterinarian)) and must be submitted to ((the)) an official veterinarian no 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.

(2) Bleeder list.

(a) ((The)) An official veterinarian ((shall)) will 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)) an official veterinarian.

(b) ((Every confirmed bleeder)) Following an incident of bleeding that is confirmed to be as a result of exercise induced pulmonary hemorrhage, the horse, regardless of age, ((shall)) must be placed on the bleeder list and ((be)) is 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)) ineligibility period.

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

(e) Every horse that is confirmed a bleeder ((shall)) will 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)) an 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.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-09-009, 260-70-660, filed 4/10/06, effective 5/11/06; 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 06-09-009, filed 4/10/06, effective 5/11/06)

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)) may be administered to a horse within twenty-four hours of post time of the race in which the horse is entered.

((The)) An 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 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)) must 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)) is a violation of this rule. Penalties ((shall)) will be assessed as a Class ((4)) B violation as provided in WAC 260-84-110(6).

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)) will be shipped as soon as practical to the commission-approved laboratories for total carbon dioxide split sample testing. The commission ((shall be)) is 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. 06-09-009, 260-70-675, filed 4/10/06, effective 5/11/06; 05-17-123, 260-70-675, filed 8/18/05, effective 9/18/05.]


AMENDATORY SECTION(Amending WSR 06-09-009, filed 4/10/06, effective 5/11/06)

WAC 260-70-720   Posterior digital neurectomy.   (1) No person ((shall)) may 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 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 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 the horse due to the posterior digital neurectomy will not endanger the safety of 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 the horse is admitted to the grounds of the racing association; and

(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. 06-09-009, 260-70-720, filed 4/10/06, effective 5/11/06; 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 06-09-009, filed 4/10/06, effective 5/11/06)

WAC 260-70-730   Postmortem examination.   (1) The commission may require a postmortem examination of any horse that is injured 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)) will coordinate with the trainer and/or owner to determine and address any insurance requirements.

(2) Trainers and owners ((shall be required to)) must cooperate with such action as a condition of licensure.

(3) ((The)) An official veterinarian may take possession of the horse upon death for postmortem examination. ((The)) An 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 may constitute a violation of these rules.

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

[Statutory Authority: RCW 67.16.020 and 67.16.040. 06-09-009, 260-70-730, filed 4/10/06, effective 5/11/06; 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.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 260-70-530 Veterinarians under authority of official veterinarian.

Washington State Code Reviser's Office