Out-of-Competition Proposal Fails to Advance

A rules committee for horse racing's umbrella group of regulators, the Association of Racing Commissioners, failed to advance an industry-supported recommendation on expanded out-of-competition testing at its meeting July 14 in Seattle.

The proposal received unanimous support from the industry's Racing Medication and Testing Consortium board but after concerns were raised that language outlining the timing of tests in the proposal could create "safe harbor" for potential blood dopers, the Model Rules Committee of the Association of Racing Commissioners International took no action on the propsed rule change. 

Instead a committee of regulators chaired by New York Gaming Commission associate counsel Rick Goodell was formed to improve the language in the proposed model rule. In forming the committee, model rules chairman Larry Eliason said the current proposal, "was not yet ready for prime time."

The new group of regulators that will examine the proposal was instructed to include RMTC executive director Dionne Benson, Jeff Blea of the American Association of Equine Practitioners, Clara Fenger of the North American Association of Racetrack Veterinarians, Dave Basler of the National Horsemen's Benevolent and Protective Association, and others as deemed appropriate.

The expanded model rule on out-of-competition was outlined in March by Benson at the RCI conference in New Orleans. The recommendation would require that out-of-competition therapeutic use of anabolic steroids and clenbuterol be reported to the regulatory authority.

Anabolic steroids are prohibited in racing but can be used to treat an ailing horse away from racing. Under the proposed change, if anabolic steroids are used, even away from racing, they will be a violation unless the use has been reported to regulators. Thus, if an anabolic steroid shows up in an out-of-competition test and its use has not been reported ahead of time; sanctions will follow.

If a horse is reported as receiving an anabolic steroid for treatment, it will go on the vet's list for six months.

As an expectorant, clenbuterol has an accepted therapeutic use but because of its link to anabolic effects when used in a regimen, it carries a 14-day withdrawal time. The new recommendation would require its use be reported to regulators.

"If your horse tests for clenbuterol and you reported it, it's not a problem," Benson said in March, noting that the changes aim to limit its use to the rare instances where it's needed as a therapeutic.

RCI president Ed Martin said moving the recommendation back to a committee to perfect that language is the right move. He said the current model rule on out-of-competition testing already is comprehensive and applies to any horse under the care and control of a licensee—regardless of location—and subjects them to testing for blood- or gene-doping agents without advance notice. Horses can be selected at random, with probable cause, or as determined by the commission.

He said the main difference between the RMTC proposal and the existing out-of-competition model rule is that it seeks to prohibit the use of anabolic steroids and clenbuterol except under the defined reporting restrictions.  

One concern from the model rules committee about the RMTC proposal was that a rule that would limit the hours out-of-competition samples could potentially create a "safe harbor" for blood dopers. The proposal would give an owner or trainer of a horse located away from a racetrack or training facility 24 hours to bring the horse to a licensed facility for testing. Or, if sampling is conducted away from the track or training center, the proposal calls for those collections to occur between 6 a.m. and 6 p.m. with notification from the collecting vet one hour ahead of time.

The RCI writes model rules for the sport that its member regulators can adopt. Several member states automatically adopt any revised model rules.

Martin also noted that there is universal support for expanded out-of-competition testing but no proposals have been made as to how added testing will be funded. He said an RCI Town Hall meeting focus group is looking at concepts that could fund such testing.