Failure to comply with the minimum procedures or standards approved, pursuant to this section, may result in a fine, penalty, submission of report to the State Veterinary Board, and/or revocation of license.
Licensees will be provided written notice of any changes to the minimum procedures or standards approved, pursuant to this section, and will have thirty (30) days, unless otherwise specified, in which to comply with such changes.
It will be the trainer's responsibility to seek adequate care as instructed by the veterinarian.
Documentation shall be provided to the division veterinarian within 48 hours of treatment.
Failure to provide proper care to a racing animal, pursuant to this section, may result in a fine, penalty, or revocation of license.
Division Veterinarian
Association Veterinarians
See also Division Veterinarians
Report forms for the above will be provided by the Division.
These reports will be submitted at time intervals determined by the Division veterinarian.
Practicing Veterinarians
Division veterinarian and licensed by the Division. Practicing veterinarians shall report treatments given in conformity with the directions of the Division veterinarian.
Treatment Restrictions
Unauthorized Medications
Opiates, opium derivatives, synthetic opioids, psychoactive drugs, amphetamines, All United States Drug Enforcement Agency (DEA) Schedule I Drugs, and many Schedule II drugs. Also found in this Class are drugs that are potent stimulants of the central nervous system. Drugs in this Class have no generally accepted medical use in the racing horse and their pharmacological potential for altering the performance of a racing horse is very high.
Drugs placed in this category have a high potential for affecting the outcome of a race. Most are not generally accepted as therapeutic agents in the racing horse. Many are products intended to alter consciousness or the psychic state of humans, and have no approved or indicated use in the horse. Some, such as injectable local anesthetics, have legitimate use in equine medicine, but should not be found in a racing horse. The following groups of drugs are in this class:
Drugs placed in this Class may or may not have an accepted therapeutic use in the horse. Many are drugs that affect the cardiovascular, pulmonary and autonomic nervous systems. They all have the potential of affecting the performance of a racing horse. The following groups of drugs are in this Class:
This category is comprised primarily of therapeutic medications routinely used in racing horse. These may influence performance, but generally have a more limited ability to do so. Groups of drugs assigned to this category include the following:
Drugs in this category are therapeutic medications for which concentration limits have been established by the racing jurisdiction as well as certain miscellaneous agents. Included specifically are agents that have very localized actions only, such as anti-ulcer drugs and certain antiallergenic drugs. The anticoagulant drugs are also included.
Authorized Medications - Horses Only
Non-Steroidal Anti-Inflammatory Drugs (NSAIDs)
A trainer may remove a horse from the bleeder list prior to its first start or any subsequent start, so long as the horse has not bled during the current race meet. Removal from the list by the trainer must be executed at time of entry and the trainer shall ensure that the change is noted on the entry card.
If a horse has been removed from the bleeder list and it subsequently bleeds, it will be considered a first time bleeder for the purposes of the veterinarian's list and may not be removed from the bleeder list for the remainder of the race meet, except by the Division veterinarian.
First time bleeder- 7 days
Second time bleeder- 14 days
Third time bleeder- 30 days
A longer period of time on the veterinarian's list for each incident may be imposed if the practicing veterinarian attending the horse and the Division veterinarian agree that it is necessary.
In the event a horse bleeds more than 3 times during a six (6) month period, it may be banned indefinitely from racing in Colorado if the Board of Stewards and the Division veterinarian after consultation with the practicing veterinarian determine that, based on past performance, this action is warranted.
For a horse from another state with a current bleeder certificate in effect, the first time that the horse bleeds in Colorado the horse shall be considered a second time bleeder for purposes of time period on the veterinarian's list.
Penalties
Medication Restrictions
Medical Labeling
Reporting to the Test Barn
Out of Competition Testing / Extra Testing
Sample Collection
Procedure in event of Positive Test
:1 - Any person(s) responsible for the proper care and protection of an animal if the Board, a hearing officer, or the Commission find the persons(s) to have been negligent, reckless, or willful in failing to prevent the administration of the unauthorized medication in question;
:2 - Any person(s) found by the Board, a hearing officer, or the Commission to have administered or have attempted to administer any unauthorized medication; or
:3 - Any person(s) found by the Board, a hearing officer, or the Commission to have conspired in the administration of any unauthorized medication.
PENALTY GUIDELINE LISTING
The penalty categories "A", "B" and "C" and their related schedules for Trainers and Owners are shown in the following tables.
The following are recommended penalties for violations due to the presence of a drug carrying a Category "A" penalty and for violations of ARCI-011-015: Prohibited Practices:
LICENSED TRAINER: | ||
1st offense | 2nd LIFETIME offense in any jurisdiction | 3rd LIFETIME offense in any jurisdiction |
* Minimum one-year suspension absent mitigating Circumstances. The presence of aggravating factors could be used to impose a maximum of a three-year suspension. AND | * Minimum three-year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of license revocation with no reapplication for a three-year period. AND | * Minimum five-year suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of license revocation with no reapplication for a five-year period. AND |
* Minimum fine of $10,000 or 10% of total purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $25,000 or 25% of purse (greater of the two). AND | * Minimum fine of $25,000 or 25% of total purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $50,000 or 50% of purse (greater of the two). AND | * Minimum fine of $50,000 or 50% of total purse (greater of the two) absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $100,000 or 100% of purse (greater of the two). AND |
* May be referred to the Commission for any further action deemed necessary by the Commission. | * May be referred to the Commission for any further action deemed necessary by the Commission. | * May be referred to the Commission for any further action deemed necessary by the Commission. |
LICENSED OWNER: | ||
1st offense | 2nd LIFETIME offense in owner's stable in any jurisdiction | 3rd LIFETIME offense in owner's stable in any jurisdiction |
* Loss of purse. | * Loss of purse. | * Loss of purse and $50,000 fine. AND |
* Referral to the Commission with a recommendation of a suspension for a minimum of 90 days. | ||
Horse | ||
1st offense | 2nd LIFETIME offense in owner's stable in any jurisdiction | 3rd LIFETIME offense in owner's stable in any jurisdiction |
* Disqualification. | * Disqualification. | * Disqualification. |
AND | AND | AND |
* In accordance with CRCR 5.612, Horse shall be placed on the Veterinarian's list for 90 days and must pass a Commission-approved examination before becoming eligible to be entered. | * In accordance with CRCR 5.612, Horse shall be placed on the Veterinarian's list for 120 days and must pass a Commission-approved examination before becoming eligible to be entered. | * In accordance with CRCR 5.612, Horse shall be placed on the Veterinarian's list for 180 days and must pass a Commission-approved examination before becoming eligible to be entered. |
PENALTY GUIDELINE LISTING
The following are recommended penalties for violations due to the presence of a drug carrying Category "B" penalty, for the presence of more than one NSAID in a plasma/serum sample, subject to the provisions set forth in ARCI-011-020 E.(1)(c) and for violations of the established levels for total carbon dioxide. Except for those violations specified in 5.441(2)(a)*:
LICENSED TRAINER: | ||
1st offense | 2nd offense (365-day period) in any jurisdiction | 3rd offense (365-day period) in any jurisdiction |
* Minimum 15-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 60-day suspension. | * Minimum 30-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a 180-day suspension. | * Minimum 60-day suspension absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of a one-year suspension. |
AND | AND | AND |
* Minimum fine of $500 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $1,000. | * Minimum fine of $1,000 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $2,500. | * Minimum fine of $2,500 absent mitigating circumstances. The presence of aggravating factors could be used to impose a maximum of $5,000 or 5% of purse (greater of the two). |
Minimum fine of $2,500 and a minimum 180 day suspension absent mitigating circumstances if the presence of a nerve blocking drug, Albuterol or Clenbuterol is detected.* | Minimum fine of $5,000 and a minimum 180 day suspension absent mitigating circumstances if the presence of a nerve blocking drug, Albuterol or Clenbuterol is detected.* | Minimum fine of $10,000 and a minimum 365 day suspension absent mitigating circumstances if the presence of a nerve blocking drug, Albuterol or Clenbuterol is detected.* |
* May be referred to the Commission for any further action deemed necessary by the Commission. | ||
* Albuterol or Clenbuterol detected in a quarter horse or in a horse of any breed participating with quarter horses have been reclassified as drugs carrying a Category "A" penalty. Trainers of a quarter horse or of a horse of any breed participating with quarter horses found in violation of having these banned substances present in a post-race sample shall be subject to the corresponding Category "A" penalties listed above. In accordance with CRCR 5.612, the horse shall be placed on the Veterinarian's list for 180 days and must pass a Commission-approved examination before becoming eligible to be entered. | ||
LICENSED OWNER: | ||
1st offense | 2nd offense in stable (365-day period) in any jurisdiction | 3rd offense in stable (365-day period) in any jurisdiction |
* Loss of purse. | * Loss of purse. | * Loss of purse, and in the absence of mitigating circumstances a $5,000 fine. |
HORSE: | ||
1st offense | 2nd offense in stable (365-day period) in any jurisdiction | 3rd offense in stable (365-day period) in any jurisdiction |
* Disqualification. | * Disqualification. | * Disqualification. |
AND | AND | AND |
* In accordance with CRCR 5.612, Horse shall be placed on the Veterinarian's list for 45 days and must pass a Commission-approved examination before becoming eligible to be entered. | * In accordance with CRCR 5.612, Horse shall be placed on the Veterinarian's list for 60 days and must pass a Commission-approved examination before becoming eligible to be entered. | * In accordance with CRCR 5.612, Horse shall be placed on the Veterinarian's list for 90 days and must pass a Commission-approved examination before becoming eligible to be entered. |
*Prohibited use of a Nerve blocking drugs, Albuterol or Clenbuterol, will require a horse to be placed on the Veterinarian's list for 180 days and must pass a Commission approved examination before becoming eligible to be entered. | *Prohibited use of a Nerve blocking drugs, Albuterol or Clenbuterol, will require a horse to be placed on the Veterinarian's list for 180 days and must pass a Commission approved examination before becoming eligible to be entered. | *Prohibited use of a Nerve blocking drugs, Albuterol or Clenbuterol, will require a horse to be placed on the Veterinarian's list for 180 days and must pass a Commission approved examination before becoming eligible to be entered. |
CATEGORY C CHART
The following are recommended penalties for violations due to the presence of a drug carrying a Category "C" penalty and overages for permitted NSAIDs and furosemide: (All concentrations are for measurements in serum or plasma.)
LICENSED TRAINER | Phenylbutazone (2.0- 5.0 mcg/ml) Flunixin (21-99 ng/ml) Ketoprofen (2.00- 50.0 ng/ml) Furosemide (>100 ng/ml) and no furosemide when identified as administered* | Phenylbutazone ( >5.0 mcg/ml) Flunxin (>100 ng/ml) Ketoprofen ( >50 ng/ml) and CLASS C Violations |
1st Offense (365-day period) in any jurisdiction | Minimum fine of $250 absent mitigating circumstances. | Minimum fine of $1000 absent mitigating circumstances. |
2nd offense (365-day period) in any jurisdiction | Minimum fine of $500 absent mitigating circumstances. | Minimum fine of $1,500 and 15-day suspension absent mitigating circumstances. |
3rd offense (365-day period) in any jurisdiction | Minimum fine of $1,000 and 15-day suspension absent mitigating circumstances. | Minimum fine of $2,500 and 30-day suspension absent mitigating circumstances. |
LICENSED OWNER | Phenylbutazone (2.0- 5.0 mcg/ml) Flunixin (21-99 ng/ml) Ketoprofen (2.00- 50.0 ng/ml) Furosemide (>100 ng/ml) and no furosemide when identified as administered* | Phenylbutazone ( >5.0 mcg/ml) Flunxin (>100 ng/ml) Ketoprofen ( >50 ng/ml) and CLASS C Violations |
1st Offense (365-day period) in any jurisdiction | Horse must pass commission-approved examination before being eligible to run. | Loss of purse. Horse must pass Commission-approved examination before being eligible to run. |
2nd offense (365-day period) in any jurisdiction | Loss of purse. If same horse, placed on Veterinarian's list for 45 days, and then must pass Commission-approved examination before being eligible to run. | Loss of purse. If same horse, placed on Veterinarian's list for 45 days, must pass Commission-approved examination before being eligible to run. |
3rd offense (365-day period) in any jurisdiction | Loss of purse. Minimum $5,000 fine. If same horse, placed on Veterinarian's list for 60 days, and then must pass Commission-approved examination before being eligible to run. | Loss of purse. Minimum $5,000 fine. If same horse, placed on Veterinarian's list for 60 days, must pass Commission-approved examination before being eligible to run. |
Horse | Phenylbutazone (2.0- 5.0 mcg/ml) Flunixin (21-99 ng/ml) Ketoprofen (2.00- 50.0 ng/ml) Furosemide (>100 ng/ml) and no furosemide when identified as administered* | Phenylbutazone ( >5.0 mcg/ml) Flunxin (>100 ng/ml) Ketoprofen ( >50 ng/ml) and CLASS C Violations |
1st Offense (365-day period) in any jurisdiction | In accordance with CRCR 5.612, horse required to pass Commission-approved examination before being eligible to run. | Disqualification. AND In accordance with CRCR 5.612, horse will be placed on Veterinarian's list for 30 days, and then must pass Commission-approved examination before being eligible to run. |
2nd Offense (365-day period) in any jurisdiction | Disqualification. AND | Disqualification. AND |
In accordance with CRCR 5.612, If same horse, placed on Veterinarian's list for 45 days, must pass Commission-approved examination before being eligible to run. | In accordance with CRCR 5.612, If same horse, placed on Veterinarian's list for 45 days, must pass Commission-approved examination before being eligible to run. | |
3rd Offense (365-day period) in any jurisdiction | Disqualification. AND | Disqualification. AND |
In accordance with CRCR 5.612, If same horse, placed on Veterinarian's list for 60 days, must pass Commission-approved examination before being eligible to run. | In accordance with CRCR 5.612, If same horse, placed on Veterinarian's list for 60 days, must pass Commission-approved examination before being eligible to run. |
*If the trainer has not had more than one violation within the previous two years, the Stewards/ Judges are encouraged to issue a warning in lieu of a fine provided the reported level is below3.0 mcg/ml, absent of aggravating factors.
After a two year period, if the licensee has had no further violations, any penalty due to an overage in the 2.0- 5.0 category will be expunged from the licensee's record for penalty purposes.
Penalties
Multiple Medication Violations (MMV)
Penalty Class | Points If Controlled Therapeutic Substance | Points If Non-Controlled Substance |
Class A | N/A | 6 |
Class B | 2 | 4 |
Class C | 1/2 for first violation with an additional 1/2 point for each additional violation within 365 days1 | 1 for first violation with an additional 1/2 point for each additional violation within 365 days |
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 Board or the Commission rules that the violation is due to environmental contamination, they may assign lesser or no points against the trainer based upon the specific facts of the case.
Points | Suspension in Days |
5- 5.5 | 15 to 30 |
6.0- 8.5 | 45 to 60 |
9- 10.5 | 90 to 180 |
11 or more | 180 to 360 |
This MMV policy is not a substitute for the current penalty system and is intended to be an additional penalty when the licensee:
Penalty Classification | Time to Expire |
A | 3 years |
B | 2 years |
C | 1 years |
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.
The Commission hereby incorporates as part of Rule 5.441 of the Colorado Racing Commission Rules the following guideline by reference:
Certified copies of the complete text of the referenced materials are maintained at the Colorado Department of Revenue Division of Racing Events, 1707 Cole Boulevard, Suite 350, Lakewood, Colorado, 80401, and may be inspected at that address during normal business hours. Copies are available from Division of Racing Events at a reasonable charge. Copies are also available online at: http://www.arci.com/. Certified copies may be obtained from the Association of Racing Commissioners International, 1510 Newtown Pike, Suite 210, Lexington, Kentucky, USA 40511 (859-224-7070).
Assessment of Racing Condition
Veterinarian's List
In cases where a split sample comes back negative, the horse must pass a Commission-approved examination before becoming eligible for entry, and then shall be removed from the Veterinarian's List after passing the exam.
700's --- PHYSICAL INSPECTION OF GREYHOUNDS
***The cost of Commission-ordered postmortem examinations, testing and disposal shall be addressed in the Commission animal welfare policy. ****
1 CCR 208-1, ch. 5