Timeliness, Transparency Are Goals for KY Rule Changes

The Kentucky Horse Racing Commission made broad changes April 26 to ensure the timely processing of split-sample testing, greater transparency in the conducting of subsequent hearings, and more openness by the governing body in its communications related to alleged medications violations.

During a regular meeting of the commission, two regulatory amendments already approved by the KHRC Rules Committee April 19 and by chief steward Barbara Borden were granted unanimous approval.

One amendment requires an owner or trainer requesting a split sample to be tested to select an approved laboratory within five days of being notified of an alleged violation. The sample also is required to be sent to the laboratory within seven days of being selected by the racing participant. Specific time periods in the amendment replace broader language in the regulations such as "as soon as possible" or "as expeditiously as possible."

In the second amendment, the KHRC or its executive director will be allowed to publicly disclose information about an alleged violation if the information will not unduly impact an investigation, after the racing participant has been notified, and after test results have been received. Other situations that allow for disclosure by the commission or executive director include when a racing participant involved has already made information about the violation public and/or all test results have been received from a laboratory. What is disclosed can include the names of the racing participants and horses involved in the alleged violation and the amount and type of medication identified. A hearing before the stewards or a judge must now be conducted no later than 60 days after the required notice, too, though officials have at their discretion the ability to extend this period due to circumstances. The commission is permitted to disclose the dates of upcoming hearings, which the public is allowed to attend.

"This is a great first step in revising some of these rules and allowing the commission to have more transparency to the public," said KHRC chairman Jonathan Rabinowitz after both amendments were adopted.

These rule changes were made in reaction to criticism the KHRC faced during a long regulatory and legal battle related to Medina Spirit 's positive test result for the corticosteroid betamethasone following the 2021 Kentucky Derby Presented by Woodford Reserve (G1). The colt's disqualification and a 90-day suspension and $7,500 fine for trainer Bob Baffert came almost nine months after running of the Derby. The KHRC provided few public statements outside of court during that time, citing its regulations.

Baffert, not the KHRC, was the first to announce that Medina Spirit had tested positive, eight days after the Derby.

In other KHRC business April 26, Kentucky Downs was approved to offer a range of $7.9 million to $8.5 million in Kentucky Thoroughbred Development Fund purses and up to $300,000 in advertising to support Thoroughbred racing in the state. The track also got approval to transfer $1 million in KTDF funds to Ellis Park to support its 23-day summer meet. As the first track to introduce historical horse racing games, Kentucky Downs has distributed some of its gaming revenue to other tracks to support the Kentucky circuit. In a letter to the KTDF Committee, Kentucky Downs noted it has contributed more than $20 million in purses to Ellis Park.