WSR 04-02-036

PROPOSED RULES

HORSE RACING COMMISSION


[ Filed December 31, 2003, 1:36 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-21-055.

     Title of Rule: New section WAC 260-70-545 Prohibited practices.

     Purpose: To establish a new section in chapter 260-70 WAC to prohibit (1) the use or possession of specified substances, and (2) the practice, administration or application that may endanger the health and welfare of the horse or endanger the safety of the rider.

     Statutory Authority for Adoption: RCW 67.16.020.

     Summary: The new section will prohibit (1) the use or possession of certain specified substances and (2) the practice, administration or application of certain specified practices at any licensed facilities in Washington.

     Reasons Supporting Proposal: Adopts the national model rule of prohibited practices, thus adding an additional protection to the health and welfare of the horses and to the safety of the riders.

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

     Name of Proponent: Washington Horse Racing Commission, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: The new section mirrors the national model rule in prohibiting the possession or use of (1) erythropoietin, (2) darbepoietin, (3) oxyglobin, and (4) hemopure. In addition, the rule prohibits the practice, administration or application of intermittent hypoxic treatment by external device. Both these substances and this practice has been determined to endanger the health and welfare of the horse and endanger the safety of the rider.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     RCW 34.05.328 does not apply to this rule adoption. Not applicable.

     Hearing Location: Auburn City Council Chambers, 25 West Main, Auburn, WA 98001, on February 12, 2004, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact Patty Sorby at the Washington Horse Racing Commission, by February 6, 2004.

     Submit Written Comments to: Robert M. Leichner, Executive Secretary, Washington Horse Racing Commission, 6326 Martin Way, Suite 209, Olympia, WA 98516-5578, fax (360) 459-6461, by February 11, 2004.

     Date of Intended Adoption: February 12, 2004.

December 29, 2003

R. M. Leichner

Executive Secretary


NEW SECTION
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, on the premises of a facility under the jurisdiction of the regulatory body 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 driver; or the use of which may adversely affect the integrity of racing;

     (a) Erythropoietin

     (b) Darbepoietin

     (c) Oxyglobin

     (d) Hemopure

     (2) The possession or use of a drug, substance, or medication on the premises of a facility under the jurisdiction of the regulatory body that has not been approved by the United States Food and Drug Administration (FDA) for use in the United States.

     (3) 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

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