WSR 20-05-050
[Filed February 13, 2020, 2:08 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-21-012.
Title of Rule and Other Identifying Information: WAC 260-70-720 Posterior digital neurectomy.
Hearing Location(s): On April 17, 2020, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002.
Date of Intended Adoption: April 17, 2020.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email, fax 360-549-6461, by April 12, 2020.
Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, email, by April 12, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Adds and clarifies the procedure followed to allow a horse that has had a posterior digital neurectomy preformed [performed].
Reasons Supporting Proposal: Adds requirements for items submitted prior to gaining approval of the regulatory veterinarians['] approval to allow a horse to race.
Statutory Authority for Adoption: RCW 67.16.020.
Rule is not necessitated by federal law, federal or state court decision.
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.
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.
February 13, 2020
Douglas L. Moore
Executive Secretary
AMENDATORY SECTION(Amending WSR 07-07-036, filed 3/12/07, effective 4/12/07)
WAC 260-70-720Posterior digital neurectomy.
(1) No person 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, "heel nerved," 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)))No horse that has been "high nerved" may be allowed on the grounds or entered to race. A "high nerved horse" means a horse whose nerved have been desensitized by any means at or above the fetlock, including volar, palmar, or plantar nerves.
(a) Lack of feeling at the coronary band at the front of the hoof is prima facie evidence that a horse has been "high nerved."
(b) Incisions over nerves at or above the fetlock are evidence that the horse has been "high nerved" even if partial or complete feeling is present at the front of the coronary band of the hoof.
(3) A horse that has been "low heel nerved" may be allowed on the grounds and be entered to race. A "low heel nerved" horse means a horse whose posterior branch only of the palmar digital nerve have been desensitized by any means below the fetlock.
(a) A horse that has been "low heel nerved" must have the procedure designated on its registration certificate, and a certification by the practicing veterinarian who performed the procedure to the official veterinarian, upon request.
(b) The responsibility to ensure the registration certificate is noted on the registration certificate and the practicing veterinarian certification, if requested, is provided and is the responsibility of the owner of the horse.
(c) The trainer of record of a horse that has been "low heel nerved" is responsible to ensure all horses under his care are reported to the racing secretary prior to being admitted on the grounds.
(d) The racing secretary is responsible to maintain a list of all horses that are "low heel nerved" and shall post the list in the racing office in a location that is accessible to all licensees.
(4) Prior to admittance on the grounds of a horse that has been "low heel nerved" it must be approved by an official veterinarian.
An official veterinarian ((is))must be 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)).