The Louisiana Racing Commission has issued emergency approval to a new set of regulations that will allow a muscle-building drug, clenbuterol, that is strictly regulated in nearly every other major racing jurisdiction to be administered up to 72 hours prior to a race beginning on June 8.

The clenbuterol regulation is a standout among the new rules and will place Louisiana on an island among surrounding states that are all regulated by the Horseracing Integrity and Safety Authority, which treats clenbuterol as a banned drug and only allows it to be administered under strict regulations. Clenbuterol is also prohibited within 14 days of a race under the recommended rules of the Association of Racing Commissioners International.

HISA does not have jurisdiction in Louisiana and West Virginia because of a horsemen-led challenge to the authority that resulted in an injunction issued by a U.S. District Court in Louisiana in mid-2022. The issues at the center of the horsemen’s lawsuit are under consideration by the U.S. Fifth Circuit Court of Appeals.

Clenbuterol is one of the most notorious drugs in racing. The substance is a bronchial dilator and is approved for use in horses by the FDA to treat airway obstruction, but the drug can also build muscle mass when administered regularly. Regulators have tightened rules on its use for several decades due to the muscle-building effects and its widespread abuse in both Thoroughbred and Quarter Horse racing.

Louisiana’s racetracks all run meets for both Thoroughbreds and Quarter Horses.

Stephen Landry, the executive director of the Louisiana Racing Commission, did not return a phone call on Wednesday afternoon. The existence of the emergency rules was first reported by Thoroughbred Daily News.

Ed Fenasci, the executive director of the Louisiana Horsemen’s Benevolent and Protective Association, said that the commission did not consult the Louisiana HBPA on the new rules.

“We have 6,000 members, and it’s like a lot of things, some people like [the new rules], some people don’t,” Fenasci said. “We were told that it’s what the veterinarians told the commission should be used to treat horses, and we definitely support that.”

The muscle-building effects of clenbuterol can have a long-lasting effect on a horse’s ability to perform, leading to questions over how to regulate horses who ship out from Louisiana to race in other states with much more stringent rules on its use. Under HISA rules, if a horse is administered clenbuterol for an FDA-approved use and under a prescription, it cannot race until testing determines that the drug has cleared the horse’s system.

In addition, clenbuterol can be detected in the blood for weeks after it is administered. Any horse that receives clenbuterol in Louisiana and then ships out of state for a race will be at risk for a positive test for the drug. HISA’s recommended penalty for a banned drug like clenbuterol is a two-year suspension.

Lisa Lazarus, the chief executive of HISA, said on Wednesday afternoon that the organization is contemplating several steps that would put additional regulations on horses traveling from Louisiana to tracks under HISA jurisdictions. She said the regulations would be necessary to “protect horsemen from competing against horses that have clenbuterol in their systems.”

One of the possibilities, Lazarus said, would be to require horses who have raced in Louisiana to be placed on the vet’s list when they arrive in states under HISA’s jurisdiction. Horses cannot come off the vet’s list until they have worked under the supervision of a veterinarian and test clear of all banned drugs. In the case of clenbuterol, Lazarus said that they would use hair testing “because of the known long-lasting anabolic effects” of the drug. Evidence of clenbuterol can show up in hair tests six months or more after administration.

Another possibility would be to pass a rule that would prohibit horses from competing in “sanctioned events” for a certain time period after participating in an “unsanctioned event,” a rule that is common in other sports, Lazarus said.

It was unclear how long HISA would need to get such rules or policies put in place. Normally, HISA must send its rules for approval to the Federal Trade Commission, a process that can take up to six months. The new Louisiana rules are scheduled to go into effect in ten days.

Lazarus said the discussions taking place now at HISA are simultaneously exploring how to get a rule approved quickly.

“We plan to and expect to” have a new policy in place by June 8, she said.