205 CMR 4.52 - Medications and Prohibited Substances
(1)
Aggravating and Mitigating Factors. Upon a finding of
a violation of
205 CMR 4.50
through
4.53,
the Stewards shall consider the classification level of the violation as listed
at the time of the violation in the Uniform Classification Guidelines
for Foreign Substances as promulgated by the Association of Racing
Commissioners International (ARCI) and impose penalties and disciplinary
measures consistent with the recommendations contained therein. The Stewards
may consult with the official veterinarian, laboratory director or other
individuals to determine the seriousness of the laboratory finding or the
medication violation. All medication and drug violations shall be investigated
and reviewed on a case by case basis. Extenuating factors include, but are not
limited to:
(a) The past record of the
trainer, veterinarian and owner in drug cases;
(b) The potential of the drug(s) to influence
a horse 's racing performance;
(c)
The legal availability of the drug;
(d) Whether there is reason to believe the
responsible party knew of the administration of the drug or intentionally
administered the drug;
(e) The
steps taken by the trainer to safeguard the horse ;
(f) The probability of environmental
contamination or inadvertent exposure due to human drug use;
(g) The purse of the race;
(h) Whether the drug found was one for which
the horse was receiving a treatment as determined by the Medication Report
Form;
(i) Whether there was any
suspicious betting pattern in the race ; and
(j) Whether the licensed trainer was acting
under the advice of a licensed veterinarian.
As a
(2)
Penalties.
(a) In
issuing penalties against individuals found guilty of medication and drug
violations, a regulatory distinction shall be made between the detection of
therapeutic medications used routinely to treat racehorses and those drugs that
have no reason to be found at any concentration in the test sample on race
day .
(b) If a licensed veterinarian
is administering or prescribing a drug not listed in the ARCI Uniform
Classification Guidelines for Foreign Substances, the identity of the
drug shall be forwarded to the official veterinarian to be forwarded to the
Racing Medication and Testing Consortium for classification.
(c) Any drug or metabolite thereof found to
be presenting a pre- or post-race sample which is not classified in the version
of the ARCI Uniform Classification Guidelines for Foreign
Substances in effect at the time of the violation shall be assumed to
be a ARCI Class 1 Drug and the trainer and owner shall be subject to those
penalties as set forth in schedule "A" therein unless satisfactorily
demonstrated otherwise by the Racing Medication and Testing Consortium, with a
penalty category assigned.
(d) Any
licensee of the Commission , including veterinarians, found to be responsible
for the improper or intentional administration of any drug resulting in a
positive test may, after proper notice and hearing, be subject to the same
penalties set forth for the licensed trainer.
(e) Procedures shall be established to ensure
that a licensed trainer is not able to benefit financially during the period
for which the individual has been suspended . This includes, but is not limited
to, ensuring that horses are not transferred to licensed family members.
(2A)
Multiple Medication Violations (MMV).
(a) A trainer who receives a penalty for a
medication violation based upon a horse testing positive for a Class 1-5
medication with Penalty Class A-C, as provided in the most recent version of
the ARCI Uniform Classification Guidelines for Foreign
Substances, or similar state regulatory guidelines, shall be assigned
points as follows:
|
Penalty Class |
Points if Controlled Therapeutic Substance |
Points if Non-controlled Substance |
|
Class A |
N/A |
6 |
|
Class B |
2 |
4 |
|
Class C |
½ for first violation with an additional
½ point for each additional violation within 365
|
one for first violation with an additional ½
point for each additional violation within 365 |
|
Class D |
0 |
0 |
1 Points for NSAID violations only apply when the primary threshold of the NSAID is exceeded. Points are not to be separately assigned for a stacking violation.
If the Stewards or
(b) The points assigned to a medication
violation by the Stewards' or Commission 's ruling shall be included in the ARCI
official database. The ARCI shall record points consistent with Section 13(a)
including, when appropriate, a designation that points have been suspended for
the medication violation. Points assigned by such regulatory ruling shall
reflect, in the case of multiple positive tests as described in 205 CMR
4.52(2A)(d), whether they constitute a single violation. The Stewards' or
Commission 's Ruling shall be posted on the official website of the Commission
and within the official database of the Association of Racing Commissioners
International. If an appeal is pending, that fact shall be noted in such
Ruling. No points shall be applied until a final adjudication of the
enforcement of any such violation.
(c) A trainer's cumulative points for
violations in all racing jurisdictions shall be maintained by the ARCI. Once
all appeals are waived or exhausted, the points shall immediately become part
of the trainer's official ARCI record and shall be considered by the Commission
in its determination to subject the trainer to the mandatory enhanced penalties
by the Stewards or Commission as provided in
205 CMR
4.00.
(d)
Multiple positive tests for the same medication incurred by a trainer prior to
delivery of official notice by the Commission may be treated as a single
violation. In the case of a positive test indicating multiple substances found
in a single post-race sample, the Stewards may treat each substance found as an
individual violation for which points will be assigned, depending upon the
facts and circumstances of the case.
(e) The official ARCI record shall be used to
advise the Stewards or Commission of a trainer's past record of violations and
cumulative points. Nothing in
205 CMR
4.00 shall be construed to confer upon a licensed
trainer the right to appeal a violation for which all remedies have been
exhausted or for which the appeal time has expired as provided by applicable
law.
(f) The Stewards or Commission
shall consider all points for violations in all racing jurisdictions as
contained in the trainer's official ARCI record when determining whether the
mandatory enhancements provided in
205 CMR
4.00 shall be imposed.
(g) In addition to the penalty for the
underlying offense, the following enhancements shall be imposed upon a licensed
trainer based upon the cumulative points contained in his or her official ARCI
record:
|
Points |
Suspension in |
|
5-5.5 |
15 to 30 |
|
6-8.5 |
30 to 60 |
|
9-10.5 |
90 to 180 |
|
11 or more |
180 to 360 |
MMV penalties are not a substitute for the current penalty
system and are intended to be an additional uniform penalty when the
1. Has had more than one
medication violation for the relevant time period, and
2. Exceeds the permissible number of
points.
(h) The Stewards
and Commission shall consider aggravating and mitigating circumstances,
including the trainer's prior record for medication violations, when
determining the appropriate penalty for the underlying offense. The MMP is
intended to be a separate and additional penalty for a pattern of
violations.
(i) The suspension
periods as provided in Section 13(g) shall run consecutive to any suspension
imposed for the underlying offense.
(j) The Stewards' or Commission 's Ruling
shall distinguish between the penalty for the underlying offense and any
enhancement based upon a Stewards' or Commission 's review of the trainer's
cumulative points and regulatory record, which may be considered an aggravating
factor in a case.
(k) Points shall
expire as follows:
|
Penalty Classification |
Time to Expire |
|
A |
three |
|
B |
two |
|
C |
one |
(l) In
the case of a medication violation that results in a suspension, any points
assessed expire on the anniversary date of the date the suspension is
completed.
(3)
Medication Restrictions.
(a) A finding by the Commission approved
laboratory of a prohibited drug, chemical or other substance in a test specimen
of a horse is
prima facie evidence that the prohibited drug,
chemical or other substance was administered to the horse and, in the case of a
post-race test, was present in the horse 's body while it was participating in a
race. Prohibited substances include:
1. Drugs
or medications for which no acceptable threshold concentration has been
established;
2. Controlled
therapeutic medications in excess of established threshold concentrations or
administration within the restricted time period as set forth in the version of
the ARCI Controlled Therapeutic Medication Schedule in effect at the time of
the violation;
3. Substances
present in the horse in excess of concentrations at which such substances could
occur naturally; and
4. Substances
foreign to a horse at concentrations that cause interference with testing
procedures.
(b) Except
as otherwise provided by
205 CMR
4.00, a person may not administer or cause to be
administered by any means to a horse a prohibited drug, medication, chemical or
other substance, including any restricted medication pursuant to
205 CMR
4.00 during the 24-hour period before post time for
the race in which the horse is entered.
(4)
Medical
Labeling.
(a) No person on
association grounds where horses are lodged or kept, excluding licensed
veterinarians, shall have in or upon association grounds which that person
occupies or has the right to occupy, or in that person's personal property or
effects or vehicle in that person's care, custody or control, a drug,
medication, chemical, foreign substance or other substance that is prohibited
in a horse on a race day unless the product is labeled in accordance with 205
CMR 4.52(4).
(b) Any drug or
medication which is used or kept on association grounds and which, by federal
or state law, requires a prescription must have been validly prescribed by a
duly licensed veterinarian, and in compliance with the applicable state
statutes. All such allowable medications must have a prescription label which
is securely attached and clearly ascribed to show the following:
1. The name of the product;
2. The name, address and telephone number of
the veterinarian prescribing or dispensing the product;
3. The name of each patient (horse ) for whom
the product is intended/prescribed;
4. The dose, dosage, duration of treatment
and expiration date of the prescribed/ dispensed product; and
5. The name of the person (trainer) to whom
the product was dispensed.
(5)
Non-steroidal
Anti-inflammatory Drugs (NSAIDs).
(a) The use of one of three approved NSAIDs
shall be permitted under the following conditions :
1. Not to exceed the following permitted
serum or plasma threshold concentrations which are consistent with
administration by a single intravenous injection at least 24 hours before the
post time for the race in which the horse is entered:
a. Phenylbutazone - two micrograms per
milliliter;
b. Flunixin - 20
nanograms per milliliter;
c.
Ketoprofen - two nanograms per milliliter.
2. These or any other NSAID are prohibited to
be administered within the 24 hours before post time for the race in which the
horse is entered.
3. The presence
of more than one of the three approved NSAIDs, in the post-race serum or plasma
sample is not permitted.
a. A finding of
phenylbutazone below a concentration of .5 microgram per milliliter of blood
serum or plasma shall not constitute a violation of 205 CMR 4.52(5).
b. A finding of flunixin below a
concentration of three nanograms per milliliter of blood serum or plasma shall
not constitute a violation of 205 CMR 4.52(5).
4. The use of all but one of the approved
NSAIDs shall be discontinued at least 48 hours before the post time for the
race in which the horse is entered.
(b) The presence of any unapproved NSAID in
the post-race serum or plasma sample is not permitted.
(6)
Furosemide.
(a) In order for a horse to be placed on the
Furosemide List the following process must be followed.
1. After the horse 's licensed trainer and
licensed veterinarian determine that it would be in the horse 's best interests
to race with furosemide the official veterinarian or his or her designee shall
be notified using the prescribed form, that the horse is to be put on the
Furosemide List .
2. The form must
be received by the official veterinarian or his or her designee by the time of
entry.
3. A horse placed on the
official Furosemide List must remain on that list unless the licensed trainer
and licensed veterinarian submit a written request to remove the horse from the
list. The request must be made to the official veterinarian or his or her
designee, on the proper form, no later than the time of entry.
4. After a horse has been removed from the
Furosemide List , the horse may not be placed back on the list for a period of
60 calendar days unless it is determined to be detrimental to the welfare of
the horse, in consultation with the official veterinarian. If a horse is
removed from the official Furosemide List a second time in a 365-day period,
the horse may not be placed back on the list for a period of 90 calendar
days.
5. Furosemide shall only be
administered on association grounds.
6. Furosemide shall be the only authorized
bleeder medication.
(b)
The use of furosemide shall be permitted under the following circumstances on
association grounds where a detention barn is not utilized:
1. Furosemide shall be administered by single
intravenous injection no less than four hours prior to post time for the race
for which the horse is entered.
2.
The furosemide dosage administered shall not exceed 500 mg. nor be less than
150 mg.
3. After treatment, the
horse shall be required by the Commission to remain in the proximity of its
stall in the care, custody and control of its trainer or the trainer's
designated representative under general association and/or Commission security
surveillance until called to the saddling paddock.
(c) Test results must show a detectable
concentration of the drug in the post-race serum, plasma or urine sample.
1. The specific gravity of post-race urine
samples may be measured to ensure that samples are sufficiently concentrated
for proper chemical analysis. The specific gravity shall not be below
1.010;
2. Quantitation of
furosemide in serum or plasma may be performed. Concentrations may not exceed
100 nanograms of furosemide per milliliter of serum or plasma.
(d) A horse which has been placed
on a Furosemide List in another jurisdiction pursuant to rules similar to 205
CMR 4.52(6) shall be placed on a Furosemide List in this jurisdiction. A
notation on the horse's foal papers of such shall suffice as evidence of being
on a Furosemide List in another jurisdiction.
(7)
Bleeder List.
(a) The official veterinarian shall maintain
a Bleeder List of all horses, which have demonstrated external evidence of
exercise induced pulmonary hemorrhage from one or both nostrils during or after
a race or workout as observed by the official veterinarian.
(b) Every confirmed bleeder , regardless of
age , shall be placed on the Bleeder List and be ineligible to race for the
following minimum time periods:
1. First
incident - 14 days;
2. Second
incident - 30 days;
3. Third
incident - 180 days;
4. Fourth
incident - barred for racing lifetime.
(c) For the purposes of counting the number
of days a horse is ineligible to run, the day the horse bled externally is the
first day of the recovery period.
(d) The voluntary administration of
furosemide without an external bleeding incident shall not subject the horse to
the initial period of ineligibility as defined by 205 CMR 4.52(7).
(e) A horse which has been placed on a
Bleeder List in another jurisdiction pursuant to rules similar to 205 CMR
4.52(7) shall be placed on a Bleeder List in this jurisdiction.
(8)
Androgenic-anabolic Steroids (AAS).
(a) No AAS shall be permitted in test samples
collected from racing horses except for residues of the major metabolite of
nandrolone, and the naturally occurring substances boldenone and testosterone
at concentrations less that the indicated thresholds.
(b) Concentrations of these AAS shall not
exceed the following plasma or serum thresholds for unchanged
(i.e., not conjugated) total substance or urine threshold
concentrations (i.e., free drug or metabolite and drug or
metabolite) liberated from its conjugates:
1.
Boldenone. 15 ng/ml of total boldenone in urine of
male horses other than geldings, or 25 pg/ml of boldenone in plasma or serum of
all horses regardless of sex;
2.
Nandrolone. 1 ng/ml of total nandrolone in urine for
fillies, mares and geldings or 45 ng/ml (as 5[ALPHA]-estrane-3[BETA],
17[ALPHA]-diol) in urine in male horses other than geldings, or 25 pg/ml of
nandrolone in plasma or serum for geldings, fillies, and mares.
3.
Testosterone.
a.
In Geldings. 20
ng/ml total testosterone in urine or 25 pg/ml of testosterone in plasma or
serum;
b.
In Fillies
and Mares. 55 ng/ml total testosterone in urine, or 25 pg/ml of
testosterone in plasma or serum.
(c) Any other anabolic steroids are
prohibited in racing horses.
(d)
Post-race urine samples must have the sex of the horse identified to the
laboratory.
(9)
Alkalinizing Substances. The use of agents that
elevate the horse 's TCO or base excess level above those existing naturally in
the untreated horse at normal physiological concentrations is prohibited. The
following levels also apply to blood gas analysis:
(a) The regulatory threshold for TCO is 37.0
millimoles per liter of plasma/serum or a base excess level of 10.0 millimoles,
and;
(b) The decision level to be
used for the regulation of TCO is 37.0 millimoles per liter of plasma/serum
plus the measurement uncertainty of the laboratory analyzing the sample, or a
base excess level of 10.4 millimoles per liter of plasma/serum.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.