TITLE 325. Oklahoma Horse Racing Commission
CHAPTER 45. Medication and Equine Testing Procedures
PERMANENT final adoption
325:45-1-6. Authorized medication [AMENDED]
75 Oklahoma Statutes Sect. 302, 305, and 307; Title 3A O.S., Sect. 204(A); Oklahoma Horse Racing Commission
Comment Period:
December 15, 2008 through January 16, 2009
Public Hearing:
January 16, 2009
Adoption:
January 22, 2009
Submitted to Governor:
January 30, 2009
Submitted to House:
January 30, 2009
Submitted to Senate:
January 30, 2009
Gubernatorial approval:
March 2, 2009
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on March 25, 2009
Final Adoption:
March 25, 2009
Effective:
April 25, 2009
Not Applicable
Not Applicable
Amendment to Rule 325:45-1-6 was proposed by the Commission's Ad Hoc Committee on Medication Rules to include anabolic steroids as prohibited substances for the equine athlete except for four approved anabolic steroids [Stanozolol, Boldenone, Nandrolone and Testosterone] at plasma/serum levels below Commission-Sanctioned Thresholds. The rule amendment makes the presence of Testosterone above the normal physiological state of the stallion, gelding or broodmare a Class III violation under the penalty guidelines. The rule amendment also addresses the Commission's plan to establish a procedure for out-of-competition screening for anabolic steroids, the cost of which would be the responsibility of the owner of the tested horse.
Bonnie Morris, Agency Rulemaking Liaison, Oklahoma Horse Racing Commission, Shepherd Mall, 2401 N.W. 23, Suite 78, Oklahoma City, OK 73107, (405) 943-6472
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULE IS CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF APRIL 25, 2009:
325:45-1-6. Authorized medication
(a) The Commission recognizes that therapeutic medications are necessary to preserve the health and welfare of horses and that horses in training, like all other athletes, may at times require the administration of certain therapeutic medications to preserve their health.
(b) As authorized under the provisions of 3A O.S., Sect. 208.11, Furosemide (Salix) and Phenylbutazone are medications or drug substances that may be administered to a horse (treated horse), as prescribed in this Chapter, which is entered to compete in a race.
(c) Except as otherwise authorized by the Commission, a horse participating in a race shall not carry in its body any drug, medication, substance, or metabolic derivative that:
(1) is a narcotic;
(2) could serve as an anesthetic or tranquilizer; or
(3) could stimulate, depress, or affect the circulation, respiratory, cardiovascular, musculoskeletal or central nervous system of a horse;
(d) A medication, drug, substance, or metabolic derivative thereof that might mask or screen the presence of prohibited drugs, or prevent or delay testing procedures shall be prohibited.
(e) The presence of anabolic steroids in a race horse is strictly prohibited except for the presence of the following approved anabolic steroids at plasma/serum levels below Commission-Sanctioned Thresholds:
(1) Stanozolol (Winstrol);
(2) Boldenone (Equipoise);
(3) Nandrolone; and
(4) Testosterone.
(f) Testosterone at levels above the normal physiological state of the stallion, gelding or mare is strictly prohibited. A violation of this Anabolic Steroid Rule shall be regarded as a Class III violation under the penalty guidelines.
(g) The Commission shall establish a procedure for out-of-competition screening for anabolic steroids. The cost of out-of-competition testing shall be the responsibility of the owner of the tested horse.
(e h) Therapeutic medications
in excess of Commission-Sanctioned Threshold levels established by Commission
Directive [3A:205.2(H)]. Said directive shall be conspicuously posted within
the enclosure by the Official Veterinarian.
(f i) Substances present in a
horse in excess of concentrations at which substances could occur naturally
shall be prohibited.
(g j) It shall be prima facie
evidence that a horse had been administered and carried a drug, medication,
substance, or metabolic derivative thereof, prohibited by this Section while
running a race if:
(1) a saliva, urine, blood or other sample or specimen from the horse was taken pursuant to Rule 325:45-1-18 in this Chapter; and
(2) the Primary Laboratory
detected a drug, medication, substance, or metabolic derivative thereof,
prohibited by or in excess of Commission-Sanctioned Threshold levels
established by Commission Directive [3A:205.2(H)]. Said directive shall be
conspicuously posted within the enclosure by the Official Veterinarian. The
Affidavit submitted by the Primary Laboratory shall be supported by urine and./or
plasma/serum results.
[OAR Docket #09-505; filed 3-26-09]