PUBLIC PROTECTION CABINET

Kentucky Horse Racing Commission

(Amendment)

 

††††† 810 KAR 1:040. Drug, medication, and substance classification schedule and withdrawal guidelines.

 

††††† RELATES TO: KRS 230.210, 230.215, 230.240, 230.260, 230.265, 230.290, 230.320

††††† STATUTORY AUTHORITY: KRS 230.215, 230.240, 230.260, 230.320

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 230.215(2) authorizes the Kentucky Horse Racing Commission to promulgate administrative regulations prescribing conditions under which all legitimate horse racing and wagering thereon is conducted in Kentucky. KRS 230.240(2) requires the commission to promulgate administrative regulations restricting or prohibiting the administration of drugs or stimulants or other improper acts to horses prior to the horse participating in a race. This administrative regulation establishes the drug classification schedule in effect in Kentucky and the withdrawal guidelines for permitted drugs, medications, and substances that may be administered to race horses competing in Kentucky.

 

††††† Section 1. The Kentucky Horse Racing Commission Uniform Drug, Medication, and Substance Classification Schedule, KHRC 40-01, shall establish the respective classifications of all substances contained therein. The Kentucky Horse Racing Commission Withdrawal Guidelines Thoroughbred, Quarter Horse, Appaloosa, and Arabian, KHRC 40-02, shall provide certain mandatory treatment requirements and guidance and advice on withdrawal intervals as contained therein.

 

††††† Section 2. Incorporation by Reference. (1) The following material is incorporated by reference:

††††† (a) "Kentucky Horse Racing Commission Uniform Drug, Medication, and Substance Classification Schedule", KHRC 40-01, December 2013[April 2012]; and

††††† (b) "Kentucky Horse Racing Commission Withdrawal Guidelines Thoroughbred, Quarter Horse, Appaloosa, and Arabian[,]", KHRC 40-02, December 2013[April 2012].

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Horse Racing Commission, 4063 Iron Works[Ironworks] Parkway, Building B, Lexington, Kentucky 40511, Monday through Friday, 8:00 a.m. to 4:30 p.m., or on the commissionís[commission] Web site at http://khrc.ky.gov.

 

ROBERT M. BECK, JR., Chairman

ROBERT D. VANCE, Secretary

††††† APPROVED BY AGENCY: December 30, 2013

††††† FILED WITH LRC: January 10, 2014 at 2 p.m.

††††† PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 25, 2014 at 10:00 a.m., at the offices of the Kentucky Horse Racing Commission, 4063 Iron Works Parkway, Building B, Lexington, Kentucky 40511. Individuals interested in being heard at this hearing shall notify the Kentucky Horse Racing Commission in writing by February 18, 2014, five (5) working days prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until February 28, 2014. Please send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person below.

††††† CONTACT PERSON: Susan B. Speckert, General Counsel, Kentucky Horse Racing Commission, 4063 Iron Works Parkway, Building B, Lexington, Kentucky 40511, phone (859) 246-2040, fax (859) 246-2039.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact Person:††† Susan B. Speckert

††††† (1) Provide a brief summary of:

††††† (a) What this administrative regulation does: This administrative regulation incorporates the Kentucky Horse Racing Commission Uniform Drug, Medication, and Substance Classification Schedule (the "Schedule") and the Kentucky Horse Racing Commission Withdrawal Guidelines Thoroughbred, Quarter Horse, Appaloosa, and Arabian (the "Withdrawal Guidelines") by reference. Both documents are affected by scientific research and, thus, should be amended and updated on an ongoing basis based on developments in medical science. The Schedule establishes a classification system of regulated substances, and those classifications are then used to determine the appropriate penalty if there is a violation of 810 KAR 1:018 or 810 KAR 1:110. Thus, the Schedule provides notice to licensees regarding the potential penalty for use of a certain substance. The Withdrawal Guidelines provide licensees with recommendations on the withdrawal intervals of certain regulated substances. This amendment adds one substance to the list of Class A drugs contained in the Schedule. The amendment also makes certain changes to the Withdrawal Guidelines based on recommendations from the Racing Medication and Testing Consortium ("RMTC"). The RMTC is a national organization dedicated to the development, promotion, and coordination of policies, research, and educational programs that seek to ensure the fairness and integrity of horse racing and the health and welfare of racehorses and its participants at the national level. The RMTC developed regulatory thresholds and withdrawal guidance for 24 therapeutic medications having legitimate and conventional use in the care of racehorses of all breeds. The thresholds and withdrawal times are the result of a rigorous scientific process involving medication administrations to horses, serial sample collections, and statistical analysis of the resultant data. The Withdrawal Guidelines are conservative and intended to produce a substantial margin of safety so that ethical veterinary care can be provided to racehorses without fear of violating Kentuckyís medication regulations. These thresholds and withdrawal guidelines have been adopted, or are under consideration, in multiple other racing jurisdictions. The adoption of these thresholds and withdrawal guidelines represents a major step towards national uniformity in medication regulation and drug testing. Industry stakeholders have long maintained that uniformity is both desirable and necessary for fair competition.

††††† (b) The necessity of this administrative regulation: The Schedule puts licensees on notice of how various regulated substances are classified. The classifications, in turn, dictate the penalties that will be levied if the substance in question is administered in violation of 810 KAR 1:018 or 810 KAR 1:110. The Withdrawal Guidelines are necessary to provide guidance to licensees regarding the regulated administration of certain medications and other substances prior to a horse competing in a race in Kentucky. The amendments are based on developments in medical science and represent a major step towards national uniformity in medication regulation and drug testing.

††††† (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 230.215(2) mandates that the commission establish the conditions under which horse racing and pari-mutuel wagering thereon shall be conducted in Kentucky and charges it to, "promulgate administrative regulations prescribing conditions under which all legitimate horse racing and wagering thereon is conducted in the Commonwealth." KRS 230.240(2) further requires the commission to promulgate administrative regulations restricting or prohibiting the administration of drugs or stimulants or other improper acts to horses prior to the horse participating in a race. The Schedule classifies regulated substances to give notice to licensees and to allow the commission to levy the appropriate penalty in the event of a violation. The Withdrawal Guidelines provide licensees with recommendations on the withdrawal intervals of certain regulated substances.

††††† (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The Schedule classifies regulated substances, thereby providing notice to licensees and allowing the commission to levy the appropriate penalty in the event of a violation of 810 KAR 1:018 or 810 KAR 1:110. The Withdrawal Guidelines provide licensees with recommendations on the withdrawal intervals of certain regulated substances.

††††† (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

††††† (a) How the amendment will change this existing administrative regulation: This amendment adds one substance to the list of Class A drugs contained in the Schedule. The amendment also makes certain changes to the Withdrawal Guidelines based on recommendations from the RMTC. The RMTC developed regulatory thresholds and withdrawal guidance for 24 therapeutic medications having legitimate and conventional use in the care of racehorses of all breeds. The adoption of these thresholds and withdrawal guidelines represents a major step towards national uniformity in medication regulation and drug testing.

††††† (b) The necessity of the amendment to this administrative regulation: The amendments are based on current scientific research and represent a major step towards national uniformity in medication regulation and drug testing.

††††† (c) How the amendment conforms to the content of the authorizing statutes: KRS 230.240(2) requires the commission to promulgate administrative regulations restricting or prohibiting the administration of drugs or stimulants or other improper acts to horses prior to the horse participating in a race.

††††† (d) How the amendment will assist in the effective administration of the statutes: The amendment to the Schedule will insure that the commission regulates the use of medication and other substances in racehorses in a manner that is consistent with the latest developments in medical science. The Withdrawal Guidelines provide guidance to licensees on administration of certain regulated substances.

††††† (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This administrative regulation will affect licensed owners, trainers and veterinarians. It will also affect the commission as it regulates the use of medication and other substances on horses competing in Kentucky.

††††† (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

††††† (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Licensees should take notice of the classifications provided in the Schedule and should follow the recommendations given in the Withdrawal Guidelines. The commission will use the Schedule to determine the appropriate penalties for violations of 810 KAR 1:018 and 810 KAR 1:110 and take into consideration compliance with the Withdrawal Guidelines when imposing a penalty.

††††† (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Compliance with this administrative regulation will not result in any additional costs to any of the entities identified in question (3).

††††† (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Licensees and the commission will benefit from the updates included in the Schedule and Withdrawal Guidelines because the updates reflect developments in medical science. In addition, these thresholds and withdrawal guidelines have been adopted, or are under consideration, in multiple other racing jurisdictions. The adoption of these thresholds and withdrawal guidelines represents a major step towards national uniformity in medication regulation and drug testing. Industry stakeholders have long maintained that uniformity is both desirable and necessary for fair competition.

††††† (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

††††† (a) Initially: There are no anticipated costs to the commission.

††††† (b) On a continuing basis: There are no anticipated costs to the commission.

††††† (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: There is no additional funding necessary to implement or enforce the amendments to this administrative regulation.

††††† (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No increase in funding is necessary.

††††† (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This administrative regulation does not establish any fees or directly or indirectly increase any fees.

††††† (9) TIERING: Is tiering applied? Tiering is not applied. All aspects of this administrative regulation will be applied equally to the affected parties.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

††††† (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Horse Racing Commission.

††††† (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. Kentucky Revised Statutes 230.210, 230.215, 230.240, 230.260, 230.265, 230.290, 230.320.

††††† (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. This administrative regulation will have no effect on expenditures or revenues.

††††† (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None.

††††† (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None.

††††† (c) How much will it cost to administer this program for the first year? There will be no costs associated with the implementation of the amendments to this administrative regulation.

††††† (d) How much will it cost to administer this program for subsequent years? There will be no costs associated with the implementation of the amendments to this administrative regulation.

††††† Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

††††† Revenues (+/-):

††††† Expenditures (+/-):

††††† Other Explanation: