Utah Admin. Code R52-7-13 - Prohibited Practices
1. A person may not
have or use a drug, substance, or medication on the premises of a racetrack
facility under the jurisdiction of the Commission if:
A. a recognized analytical method has not
been developed to detect and confirm the administration of the
substance;
B. the use of the
substance may endanger the health or welfare of the horse or endanger the
safety of the rider;
C. the use of
the substance may adversely affect the integrity of racing; or
D. no generally accepted use of the substance
in equine care exists.
2.
Prohibited Substances and Methods. The Commission incorporates by reference the
Department's 2022 version of the Prohibited Substances Annex I, and the
Department's 2024 version of the Utah Horse Racing Commission (UHRC) Controlled
Therapeutic Medication Schedule for Horses, which includes a list of prohibited
substances and administering methods.
A. The
substances and methods listed in the Prohibited List may not be used, and may
not be possessed on the premises of a racing or training facility under the
jurisdiction of the Commission, except as a restricted therapeutic
use.
B. The equipment and supplies
necessary for official testing, shall be provided by the
organization.
3.
Restricted Therapeutic Use. A limited number of medications on the Prohibited
List may be exempted when administration occurs in compliance with required
conditions for restricted therapeutic use found in the Department's 2024
version of the Utah Horse Racing Commission Controlled Therapeutic Medication
Schedule for Horses incorporated by reference and maintained by the
Department.
4. The possession or
use of the following substances or of blood doping agents, including those
listed in this section, on the premises of a facility under the jurisdiction of
the Commission is forbidden:
A. Aminoimidazole
carboxamide ribonucleotide (AICAR);
B. Darbepoetin;
C. Equine Growth Hormone;
D. Erythropoietin;
E. Hemopure, registered trademark;
F. Myo-Inositol Trispyrophosphate
(ITPP);
G. Oxyglobin, registered
trademark;
H. Thymosin beta;
or
I. Venoms or its
derivatives.
5. Other
Prohibited Substances. Substances in the categories in this section shall be
strictly prohibited unless otherwise provided in accordance with state law or
Commission rule including:
A. a pharmacologic
substance that is not approved by any governmental regulatory health authority
for human or veterinary use within the jurisdiction, including:
a. a drug under pre-clinical or clinical
development;
b. a discontinued
drug; or
c. a designer drug.
(1) A designer drug is a synthetic analog of
a drug that has been altered in a manner that may reduce its
detection.
(2) Designer drugs do
not include:
i. vitamins, herbs, and
supplements used for nutritional purposes that do not contain any other
prohibited substance; or
ii. the
administration of a substance with the earlier approval of the Commission in a
clinical trial for which an FDA or similar exemption has been
obtained;
B. anabolic agents and Anabolic Androgenic
Steroids (AAS);
C. peptide
hormones, growth factors, and related substances including any substance with
similar chemical structure or similar biological effects;
D. beta-2 agonists, including optical
isomers, including d- and l-, where relevant;
E. hormone and metabolic modulators;
or
F. diuretics and other masking
agents, including substances with similar chemical structure or similar
biological effects.
6.
Prohibited methods of manipulation of blood and blood components include:
A. the administration or reintroduction of
any quantity of autologous, allogenic, or heterologous blood or red blood cell
products of any origin into the circulatory system;
B. artificially enhancing the uptake,
transport, or delivery of oxygen, including perfluorochemicals, efaproxiral
(RSR13), and modified hemoglobin products, hemoglobin-based blood substitutes,
microencapsulated hemoglobin products, excluding supplemental oxygen;
or
C. tampering, or attempting to
tamper, to alter the integrity and validity of samples collected by authority
of the Commission. Tampering methods include blood serum or urine substitution
or adulteration, such as proteases.
7. Any reference to substances in Section
R52-7-13 does not alter the
requirements for testing concentrations in race day samples or the requirements
of post-race testing.
A. If laboratory
testing detects any prohibited substance identified by this rule, the finding
shall be reported as a violation. Upon a finding of violation, the horse shall
be disqualified, and the owner of the horse may not participate in any portion
of the purse, stakes, trophy, or any other award.
B. Any purse, stakes, trophy, or award shall
be returned if it was presented to the owner of the horse, upon the finding of
a violation of this section.
C. Any
positive test for a prohibited drug, medication, or substance, including
permitted medication in excess of the maximum allowable concentration, as
reported by a Commission-approved laboratory, is prima facie evidence of a
violation of this rule.
D. It is
presumed that any sample or accepted specimen tested by an approved laboratory
is from the horse in question. With regard to an accepted sample, it is also
presumed that:
a. the integrity of the sample
is preserved;
b. any procedures,
collection, preservation, and analysis of the sample are correct and accurate;
and
c. it is the burden of the
owner, trainer, assistant trainer, or other responsible party to prove by
substantial evidence to the contrary in the matter to the administrative
stewards or at the Commission hearing.
8. Penalties. Upon finding a violation of
these medications and prohibited substances rules, the Stewards shall:
A. consider the classification level of the
violation as listed when in the Uniform Classification Guidelines of Foreign
Substances, as promulgated in the following penalty matrices maintained by the
Department that are incorporated by reference: the Department's 2024 version of
the Recommended Penalties for Doping or Equine Endangerment Violations, and
2019-08 Recommended Penalties by Substances;
B. impose penalties and disciplinary measures
consistent with the recommendations contained therein; and
C. consult with the Official Veterinarian to
determine if the violation was a result of the administration of a therapeutic
medication as documented in a veterinarian's Medication Report Form received,
pursuant to Subsection
R52-7-8(7).
9. The Stewards may also consult with the
laboratory director or other individuals to determine the seriousness of the
laboratory finding or the medication violation. Penalties for medication and
drug violations shall be investigated and reviewed on a case-by-case basis.
Extenuating factors the Stewards may consider in determining penalties include:
A. the past record of the trainer,
veterinarian, and owner in drug cases;
B. the potential of the drug to influence a
horse's racing performance;
C. the
legal availability of the drug;
D.
whether the responsible party knew or should have known of the administration
of the drug, or intentionally administered the drug;
E. the steps taken by the trainer to
safeguard the horse;
F. the purse
of the race; and
G. whether the
licensed trainer was acting on the advice of a licensed veterinarian.
10. As a result of an
investigation, there may be mitigating circumstances for which a lesser or no
penalty is appropriate for the licensee, or aggravating factors that may
increase the penalty beyond the minimum.
Notes
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No prior version found.