294 Neb. Admin. Code, ch. 18, § 294-18.011

Current through September 17, 2024

Section 294-18.011

The trainer is the absolute insurer of the condition of horses entered in an official workout or race and is responsible for the presence of any prohibited drug or medication, or other prohibited substance in such horses. A positive test for a prohibited substance, or the presence of permitted medication in excess of maximum allowable levels, as reported by an official laboratory approved by the commission shall be prima facie evidence of a violation of this rule.

18.011.01 Owners, assistant trainers, grooms, practicing veterinarians, or any other persons who cared for, or attended the horse may also be held responsible for any violation of this rule and be subject to the same penalties as the trainer.

18.011.02 Upon a finding of a violation, the stewards shall consider the currently established "Uniform Classification Guidelines for Foreign Substances", and the "Recommended Penalties promulgated by the Association of Racing Commissioners International (RCI) Drug Testing Standards and Practices (DTSP) and impose penalties and disciplinary measures consistent with the recommendations contained therein. The stewards shall also consult with the official veterinarian to determine the nature and seriousness of the laboratory finding or the medication violation and if the violation was a result of the administration of a therapeutic medication as documented in a practicing veterinarian's report received per Chapter 14.001.02 et. seq. Provided, however, that in the event a majority of the Stewards determine that mitigating circumstances require imposition of a lesser penalty they may impose the lesser penalty. In the event a majority of the Stewards wish to impose a greater penalty or a penalty in excess of the authority granted them, then, and in such event, they may impose the maximum penalty authorized and refer the matter to the Commission with specific recommendations for further action. In determining if there are mitigating circumstances surrounding a medication violation the stewards shall consider at least the following:

(1) The past record of the trainer in drug cases;

(2) The potential of the drug(s) to influence a horse's racing performance;

(3) The availability of the drug;

(4) Whether there is reason to believe the responsible party knew of the administration of the drug use;

(5) The steps taken by the trainer to safeguard the horse;

(6) The probability of environmental contamination or inadvertent exposure due to human drug use;

(7) The purse of the race;

(8) Whether the drug found was one for which the horse was receiving a treatment as determined by the Veterinarian Report(s), and;

(9) Whether there was any suspicious betting pattern in the race.

Association of Racing Commissioners International

Drug Testing Standards and Practices Program

Uniform Classification Guidelines for Foreign Substances

(as Revised August 3, 2003)

The following outline describes the types of substances placed in each category. This list shall be publicly posted in the offices of the official veterinarian and the racing secretary.

Class 1

Opiates, opium derivatives, synthetic opioids, psychoactive drugs, amphetamines and U.S. Drug Enforcement Agency (DEA) scheduled I and II drugs. Also found in this class are drugs which are potent stimulants of the nervous system. Drugs in this class have no generally accepted medical use in the racehorse and their pharmacological potential for altering the performance of a race is very high.

Class 2

Drugs in this category have a high potential for affecting the outcome of a race. Most are not generally accepted as therapeutic agents in the racehorse. 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 racehorse. The following groups of drugs are in this class:

(a) Opiate partial agonists, or agonist-antagonists;

(b) Non-opiate psychotropic drugs, which may have stimulant, depressant, analgesic or neuroleptic effects;

(c) Miscellaneous drugs which might have a stimulant effect on the central nervous system (CNS);

(d) Drugs with prominent CNS depressant action;

(e) Antidepressant and antipsychotic drugs, with or without prominent CNS stimulatory or depressant effects;

(f) Muscle blocking drugs which have a direct neuromuscular blocking action;

(g) Local anesthetics which have a reasonable potential for use as nerve blocking agents (except procaine); and

(h) Snake venoms and other biologic substances, which may be used as nerve blocking agents.

Class 3

Drugs 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 racehorse. The following groups of drugs are in this class:

(a) Drugs affecting the autonomic nervous system which do not have prominent CNS effects, but which do have prominent cardiovascular or respiratory system effects (bronchodilators are included in this class);

(b) A local anesthetic which has nerve blocking potential but also has a high potential for producing urine residue levels from a method of use not related to the anesthetic effect of the drug (procaine);

(c) Miscellaneous drugs with mild sedative action, such as the sleep inducing antihistamines;

(d) Primary vasodilating/hypotensive agents; and

(e) Potent diuretics affecting renal function and body fluid composition.

Class 4

This category is comprised primarily of therapeutic medications routinely used in racehorses. These may influence performance, but generally have a more limited ability to do so. Groups of drugs assigned to this category include the following:

(a) Non-opiate drugs which have a mild central analgesic effect;

(b) Drugs affecting the autonomic nervous system which do not have prominent CNS, cardiovascular or respiratory effects

(i) Drugs used solely as topical vasoconstrictors or decongestants

(ii) Drugs used as gastrointestinal antispasmodics

(iii) Drugs used to void the urinary bladder

(iv) Drugs with a major effect on CNS vasculature or smooth muscle of visceral organs.

(v) Antihistamines which do not have a significant CNS depressant effect (This does not include H1 blocking agents, which are listed in Class 5);

(c) Mineralocorticoid drugs;

(d) Skeletal muscle relaxants;

(e) Anti-inflammatory drugs--those that may reduce pain as a consequence of their anti-inflammatory actions, which include:

(i) Non-Steroidal Anti-Inflammatory Drugs (NSAIDs;

(ii) Corticosteroids (glucocorticoids); and

(iii) Miscellaneous anti-inflammatory agents.

(f) Anabolic and/or androgenic steroids and other drugs;

(g) Less potent diuretics;

(h) Cardiac glycosides and antiarrhythmics including:

(i) Cardiac glycosides;

(ii) Antirryhthmic agents (exclusive of lidocaine, bretylium and propanolol); and

(iii) Miscellaneous cardiotonic drugs.

(i) Topical Anesthetics--agents not available in injectable formulations;

(j) Antidiarrheal agents; and

(k) Miscellaneous drugs including:

(i) Expectorants with little or no other pharmacologic action;

(ii) Stomachics; and

(iii) Mucolytic agents.

Class 5

Drugs in this category are therapeutic medications for which concentration limits have been established as well as certain miscellaneous agents. Included specifically are agents, which have very localized action only, such as anti-ulcer drugs and certain anti-allergenic drugs. The anticoagulant drugs are also included.

Association of Racing Commissioners International

Drug Testing Standards and Practices Program

Recommended Penalties

(as Revised August 3, 2003)

Penalty Recommendations (in the absence of mitigating circumstances):

Class 1 1 - 5 years suspension and $5,000 fine and loss of purse

Class 2 6 month - 1 year suspension and $1,500 - $2,500 fine and loss of purse

Class 3 60 days - 6 month suspension and up to $1,500 fine and loss of the purse

Class 4 15 - 60 days suspension and up to $1,000 fine and loss of the purse

Class 5 0 - 15 days suspension with a possible loss of purse and/or fine

18.011.02A The penalties imposed by the stewards may include license suspension up to the duration of the meet plus 60 days, fines not to exceed the statutory limit of $1500, and forfeiture of any purse, trophy, or other prize.

18.011.02B The stewards may consider mitigating circumstances and evidence and impose a lesser penalty.

18.011.02C The stewards may consider aggravating circumstances and evidence and past violations and impose greater penalties.

18.011.02D The stewards may recommend a penalty in excess of their authority. In such cases, the stewards may impose the maximum penalty authorized and refer the matter to the Commission with specific recommendations for further action. Such referral and recommendations shall be included in the stewards' ruling.

18.011.03 Phenylbutazone Violations

The level of phenylbutazone shall not exceed 5.0 ug/ml in blood or plasma samples taken following a race.

18.011.03A If laboratory testing indicates a level of phenylbutazone greater than 5.0 ug/ml and less than 15.0 ug/ml in blood or plasma, the trainer and any other persons found to be responsible for the test result may be fined in an amount that shall not exceed $1,000.

18.011.03B If laboratory testing indicates a level of phenylbutazone equal to or greater than 15.0 ug/ml in blood or plasma, the trainer and any other persons found to be responsible for the test result may, be fined in an amount not to exceed $1000, and the horse may be disqualified.

18.011.04 RESERVED

18.011.05 Furosemide Violations

18.011.05A A horse administered furosemide pursuant to Chapter 14.003 and subsections thereto must have a detectable concentration of furosemide in the post races serum, plasma, or urine sample.

18.011.05B 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. If the specific gravity of the urine is found to be below 1.010 or if a urine sample is unavailable for testing, quantification of furosemide in serum or plasma shall be performed;

18.011.05C Quantification of furosemide in serum or plasma shall be performed when the specific gravity of the corresponding urine sample is measured below 1.010, and when a urine sample is not obtained in post race sampling. Concentrations may not exceed 100 nanograms of furosemide per milliliter of serum or plasma.

18.011.05D A violation of the maximum amount of furosemide allowed in a post race serum or plasma sample may be considered a violation of Chapter 18.010.

294 Neb. Admin. Code, ch. 18, § 294-18.011