ARCI Advances Multiple Violator Rule Changes

The head of racing's umbrella state-to-state regulatory organization believes recommended changes to the multiple medication violator provision of the National Uniform Medication Program will help states that have not adopted the provision put it in place.

During meetings Dec. 8-9 in Tucson, Ariz., the model rules committee of the Association of Racing Commissioners International and that organization's board moved forward on industry recommended changes to the MMV that will increase the points required to draw an initial MMV sanction, decrease the length of time that points stay on a trainer's record, and decrease the points assigned for violations that call for penalties on the low end of the ARCI's uniform classification guidelines.

The rule also was changed to allow stewards discretion in assigning points, should it be determined that a positive was caused by contamination. That change was championed by the Horsemen's Benevolent and Protective Association. 

Racing states now will be encouraged to adopt the MMV model rule changes. To date, only 12 states had adopted the MMV provision of NUMP, which also calls for the CTS list, use of accredited labs, and third-party administration of furosemide. Of those four provisions, states have been slowest to adopt MMV. 

ARCI president Ed Martin said the changes should help in states that haven't adopted the rule. He said attorneys general in some of those states noted that the MMV rule, as initially constructed, didn't provide enough room for discretion in its recommended penalties.

"I would not be surprised if the changes facilitate adoption in states that have not adopted the MMV," Martin said.

The changes were supported by the industry's Racing Medication and Testing Consortium, with one holdout being The Jockey Club. Before the ARCI rules committee met, The Jockey Club reiterated its opposition to the changes.

"Repeated polling has affirmed that our sport is struggling against a strong negative public perception, due in large part to lax drug regulation," said The Jockey Club president Jim Gagliano. "The Jockey Club urges our fellow members of the RMTC to reconsider the proposed changes to the MMV penalty system at this time. We need stronger penalties, not watered down ones."

ARCI also moved forward on a detailed rule on how out-of-competition testing will be conducted. Martin said he believes states will be ready to adopt that rule but noted that funding of such initiatives will continue to be a challenge in some states.