WSR 20-02-108
[Filed January 2, 2020, 9:32 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-08-035.
Title of Rule and Other Identifying Information: WAC 260-70-545 Prohibited practices.
Hearing Location(s): On February 14, 2020, at 9:30 a.m., at the Auburn City Council Chambers, 25 West Main, Auburn, WA 98002.
Date of Intended Adoption: February 14, 2020.
Submit Written Comments to: Douglas L. Moore, 6326 Martin Way, Suite 209, Olympia, WA 98516, email, fax 360-549-6461, by February 7, 2020.
Assistance for Persons with Disabilities: Contact Patty Brown, phone 360-459-6462, fax 360-459-6461, email, by February 7, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Prohibits the use of bisphosphonates on horses under the age of four and restricts time frame for older horses that receive treatment from racing for six months.
Reasons Supporting Proposal: Use of bisphosphonates have been shown to be detrimental to younger horses and research is still being conducted on its overall usage.
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.
January 2, 2020
Douglas L. Moore
Executive Secretary
AMENDATORY SECTION(Amending WSR 18-07-016, filed 3/9/18, effective 4/9/18)
WAC 260-70-545Prohibited 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 without the approval of the official veterinarian, 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) Aminoimidazole carboxamide ribonucleotide (AICAR);
(b) Darbepoetin;
(c) Equine growth hormone;
(d) Erythropoietin;
(e) Hemopure;
(f) Myo-inositol trispyprophosphate (ITPP);
(g) Oxyglobin;
(h) Thymosin beta; and
(i) Venoms or derivatives thereof.
(4) No person shall at any time administer any other doping agent to a horse except pursuant to a valid therapeutic, evidence-based treatment plan.
(a) Other doping agent means a substance that has a pharmacologic potential to alter materially the performance of a horse and has no generally accepted medical use in a horse when treated, and is:
(i) Capable at any time of causing an action or effect, or both, within one or more of the blood, cardiovascular, digestive, endocrine, immune, musculoskeletal, nervous, reproductive, respiratory, or urinary mammalian systems including, but not limited to, endocrine secretions and their synthetic counterparts, masking agents, oxygen carriers, and agents that directly or indirectly affect or manipulate gene expression; but
(ii) Not a substance that is considered to have no effect on the physiology of a horse except to improve nutrition or treat or prevent infections or parasite infestations.
(b) Evidence-based treatment plan means a planned course of treatment written and prescribed by an attending veterinarian before the horse is treated that describes the medical need of the horse for the treatment, the evidence-based scientific or clinical justification for using the doping agent and a determination that recognized therapeutic alternates do not exist and is developed in good faith to treat a medical need of a horse.
(5) Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy unless the following conditions are met:
(a) Any treated horse may not race or workout 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.
(6) The use of a 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.
(7) The use of bisphosphonates to any horse under four years of age is prohibited. Horses four years of age or older may only be administered bisphosphonates as follows:
(a) Only bisphosphonates that are FDA approved for use in horses may be administered according to label requirements and only for diagnosed cases of navicular disease;
(b) Administration of bisphosphonates must be reported to the commission as required in WAC 260-70-540; and
(c) The horse will be placed on the official veterinarian's list for a minimum of six months after the last administration. The horse must work as required in WAC 260-70-580 prior to return to racing.