WSR 17-23-159
PROPOSED RULES
HORSE RACING COMMISSION
[Filed November 21, 2017, 10:45 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-14-051.
Title of Rule and Other Identifying Information: WAC 260-70-675 Bicarbonate testing.
Hearing Location(s): On January 12, 2018, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002.
Date of Intended Adoption: January 12, 2018.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email doug.moore@whrc.state.wa.us, fax 360-459-6461, by January 5, 2018.
Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, TTY 360-459-6462, email patty.brown@whrc.state.wa.us, by January 9, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adds language to remain consistent with ARCI model rules.
Reasons Supporting Proposal: Adds language in the current rule to ensure that the plus/minus variation at the official testing laboratory is considered when determining whether a bicarbonate sample is called a positive finding.
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, Implementation, and Enforcement: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, 360-459-6462.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Not business related.
November 21, 2017
Douglas L. Moore
Executive Secretary
AMENDATORY SECTION (Amending WSR 07-07-036, filed 3/12/07, effective 4/12/07)
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 may be administered to a horse within twenty-four hours of post time of the race in which the horse is entered.
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 must not exceed 37.0 millimoles of total carbon dioxide concentration per liter of serum or plasma plus the measurement of uncertainty of the laboratory analyzing the sample. A serum or plasma total carbon dioxide level exceeding this value is a violation of this rule. Penalties will be assessed as a ((Class 4)) category 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 will be shipped as soon as practical to the commission-approved laboratories for total carbon dioxide split sample testing. The commission is responsible for the cost of shipping and testing of split samples taken under this section.