Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-17-062.

     Title of Rule and Other Identifying Information: WAC 260-70-545 Prohibited practices and 260-84-130 Penalties for prohibited practices.

     Hearing Location(s): Auburn City Council Chambers, 25 West Main, Auburn, WA 98002, on January 11, 2013, at 9:30 a.m.

     Date of Intended Adoption: January 11, 2013.

     Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, e-mail doug.moore@whrc.state.wa.us, fax (360) 459-6461, by January 8, 2013.

     Assistance for Persons with Disabilities: Contact Patty Sorby by January 8, 2013, TTY (360) 459-6462.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adopts recommended language regarding the use and reporting of any practicing veterinarian and training when using shock wave therapy on a race horse.

     Reasons Supporting Proposal: Strengthens the reporting and posting on any race horse in which shock wave therapy has been applied, restricting the time following use when a horse may be entered and changing the penalties associated with violations.

     Statutory Authority for Adoption: RCW 67.16.020.

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

     Name of Proponent: [No information supplied by agency], governmental.

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

November 28, 2012

Douglas L. Moore

Deputy Secretary

OTS-5176.2

AMENDATORY SECTION(Amending WSR 07-07-036, filed 3/12/07, effective 4/12/07)

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

     (1) The possession or use of any drug, substance, or medication 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 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)) Darbepoetin;

     (c) Oxyglobin; and

     (d) Hemopure.

     (4) Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy unless the following conditions are met:

     (a) Any treated horse may not race or train for a minimum of ten days following treatment;

     (b) Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy machines may only be used by veterinarians licensed by the commission and only approved machines at a previously disclosed location may be used;

     (c) The practicing veterinarian has filed a report with an official veterinarian notifying the commission that an Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy machine is on 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 twenty-four hours after treatment.

     The horse will be added to a list of ineligible horses. This list will be kept in the race office and be posted in an accessible location.

     (5) The use of a ((naso gastric)) nasogastric 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 and without the prior approval of an official veterinarian.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-036, § 260-70-545, filed 3/12/07, effective 4/12/07; 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.]

OTS-5177.1

AMENDATORY SECTION(Amending WSR 11-03-053, filed 1/14/11, effective 2/14/11)

WAC 260-84-130   Penalties for prohibited practices.   For a person or persons found to be responsible for violation of WAC 260-70-545, including the treating veterinarian, the following penalties will be assessed:

     (1) For violations of WAC 260-70-545, except WAC 260-70-545 (4)(b)((;)).

     (a) For first offense - Thirty day suspension and $1,000 fine;

     (b) For second offense - Sixty day suspension and $2,000 fine;

     (c) For third offense - One year suspension, $2,500 fine; and

     (d) For subsequent offense(s) - Revocation of license and a $2500 fine.

     (2) For violations of WAC 260-70-545 (4)(a), the person or persons found to be responsible for the violation, including the treating veterinarian a $2,500 fine and ((revocation of license)) a minimum of a one-year suspension.

[Statutory Authority: RCW 67.16.020. 11-03-053, § 260-84-130, filed 1/14/11, effective 2/14/11. Statutory Authority: RCW 67.16.020 and 67.16.040. 08-05-086, § 260-84-130, filed 2/15/08, effective 3/17/08; 05-07-064, § 260-84-130, filed 3/11/05, effective 4/11/05.]