RELATES TO:
KRS
230.210,
230.215,
230.240,
230.260,
230.290,
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
authorizes licensed racing associations to require adherence to International
Medication Protocol, as defined, as a condition of entry in a particular
race.
Section 1. Definition.
"International Medication Protocol" means a condition of a race that all horses
nominated or entered to compete in the race shall not be administered
furosemide less than twenty-four (24) hours prior to post time for the
race.
Section 2. Notwithstanding
any other provision of KAR Title 810 to the contrary, an association may
require adherence to the International Medication Protocol as a condition of a
particular race. The association shall publish the requirement in its condition
book or otherwise make the requirement known to all licensees participating in
its race meeting. The horses entered to compete in an International Medication
Protocol race shall not be eligible to receive furosemide less than twenty-four
(24) hours prior to post time for the race. All matters related to sample
collection, ownership, storage, shipment, chain of custody, testing, and
reporting and other applicable provisions shall be done in accordance with
810
KAR 8:010,
810 KAR
8:030, and
810 KAR
8:060.
Section
3. Penalties. If the commission laboratory determines the presence
of furosemide at a concentration of greater than 1,000 picograms/ml in a serum
sample, derived post-race from a horse that is not eligible to receive
furosemide pursuant to this administrative regulation, it shall be prima facie
evidence that furosemide was administered to the horse in violation of this
administrative regulation. Violations of this administration regulation shall
be subject to the penalties provided for Class C drug violations in
810 KAR
8:030, Section 4(3).
Section 4. To the extent of any conflict
between a provision in this administrative regulation and a provision in any
other administrative regulation contained in KAR Title 810, the provisions in
this administrative regulation shall supersede.