On July 16, 2018, the New York State Gaming Commission approved a new out-of-competition testing rule, which is in line with the Model Rule that was adopted by the Association of Racing Commissioners International in December of 2016. What follows is THA Chairman and CEO Alan Foreman’s review of the regulation. Please familiarize yourself and your veterinarian with the new guidelines.
THE NEW OUT-OF-COMPETITION TESTING RULE: WHAT YOU NEED TO KNOW
By: Alan Foreman
During the coming months, racing jurisdictions throughout the country will be modifying or adopting the new out-of-competition testing rule that was adopted by the Association of Racing Commissioners International Dec. 9, 2016. The new rule was the product of an extensive collaborative effort by industry organizations, regulators, regulatory attorneys and the scientific community to identify the substances that need to be prohibited or regulated for horses in training and to implement comprehensive procedures to ensure that the rule is effective and legally enforceable.
Under the current model rule, the only substances prohibited in out-of-competition testing are blood- and gene-doping agents such as EPO, and protein and peptide-based drugs. The new rule expands the list of prohibited substances in training to mirror the World Anti-Doping Agency’s Prohibited List—including anabolic steroids—and gives to horsemen and veterinarians a comprehensive list of prohibited substances.
For a limited number of prohibited substances that have some identified therapeutic purpose, strict reporting and racing restrictions are provided. Additionally, the new rule provides clear procedures for the uniform regulation and enforcement of the rule.
The THA has been a strong proponent of the new expanded rule. We believe it should become the fifth prong of the National Uniform Medication Program and intend to support its swift enactment in the Mid-Atlantic and Northeastern regions.
Here is important information about the new rule that you need to know:
A racing commission can collect an out-of-competition sample for cause or within the discretion of a commission, at any reasonable time and without advance notice, and where the horse from whom the sample is sought is located, whether on or off racetrack property.
Owners and trainers, as a condition of licensing, shall be deemed to have consented to access to the premises where the horse is located for purposes of an out-of-competition test. Consent is granted solely for purposes of collecting the out-of-competition samples from the horse, and no other search is permitted.
A horse is eligible to be out-of-competition tested if:
- It is on the grounds of a racetrack or training center;
- It is under the care of a licensed trainer and owned by a licensed owner;
- It is entered or nominated to race;
- It has raced within the previous 12 months;
- It is nominated to a state breeders’ fund or sire stakes program
A racing commission can permit the trainer or owner of a horse not located on racetrack property to present the horse for testing at a time and location agreed to by the commission.
A racing commission can request and arrange for the testing of an out-of-state horse by the racing commission in the jurisdiction where the horse is located. The same rules and procedures apply.
An owner and trainer, and their personnel and agents, must fully cooperate in the collection of the samples. Refusal to cooperate or willfully deceptive acts or interference in sampling will result in a minimum license suspension of one year and placement of the horse on the stewards’ list for six months.
If an owner or trainer assert that the horse is no longer in training and the horse is therefore not sampled, the horse will be placed on the stewards’ list for six months, unless the owner or trainer voluntarily submit the horse for sampling when requested.
The samples will be screened for the presence of substances on the out-of-competition testing Prohibited List. The presence and confirmation of a substance on the Prohibited List is a rules violation and subjects the offending trainer and owner to the penalties prescribed for racing medication violations and the points under the Multiple Medication Violation Penalty System.
The collection of samples will be performed by a commission designee and according to strict regulatory protocols. Chain-of-custody procedures apply. Split and referee sample rules will apply.
For information on Special Requirements for Substances on the Prohibited List, click here: http://tharacing.com/the-new-out-of-competition-testing-rule-what-you-need-to-know/
If you have any questions about the new rule or compliance with the Prohibited List, contact New York Equine Medical Director Dr. Scott Palmer at (518) 441-7916 or email@example.com. You can also call Racing Medication and Testing Consortium Executive Director Dr. Dionne Benson at (859) 224-2844.