Sunday, December 22, 2013

Alabama's model rule and drug classification system compared to other states: Out-of-Competition Testing: Coming to a barn or training facility near you


Out-of-Competition Testing: Coming to a barn or training facility near you
Summer 2013 Issue
It has long been the rule that a winning Thoroughbred or American Quarter Horse is immediately sent to the track’s test barn following a win. Additionally, non-winners are randomly sent to the test barn and required to provide a urine and/or blood sample to confirm the animal did not have any prohibited drugs in its system. But now many states, including Indiana, New Mexico, New Jersey, New York, Kentucky and California, have new rules that allow racehorses to be tested while “out of competition.” Additionally, Alabama, which does not currently have live Thoroughbred or Quarter Horse racing but could in the future, has out-of-competition testing regulations. Out-of-competition testing is also used in Canada.
Out-of-competition testing aims to detect prohibited substances, primarily blood-doping agents, that are not detectible in post-race tests and that are specifically identified and prohibited by regulation and/or rules. Many of the substances targeted by out-of-competition testing are detectible for only a short period of time after being administered to the horse. In short, a horse administered a blood-doping agent prior to race day may test negative in a regular post-race test but may have received the potentially positive race performance effect of the prohibited substance.
Many state racing commissions have adopted the Association of Racing Commissioners International (RCI) list of prohibited substances that includes blood-doping agents. As such, the prohibited substances are well-defined. However, the definition of out-of-competition remains less clear. In fact, this can be seen in reviewing the definitions of out-of-competition testing. While there are similarities between and among the state regulations of those with out-of- competition testing, an analysis of each state’s rules reveals that there are also differences that create potentially serious problems for owners and trainers operating and racing in these different jurisdictions.
Following is a look at the regulations in the seven states mentioned above.
The Alabama Racing Commission has issued a model rule regarding the classification of prohibited substances (blood- and gene-doping agents) in horse racing, along with penalty recommendations based largely upon the RCI Recommended Penalties and Model Rules. Indeed, Alabama’s model rule and drug classification system and recommended penalties are adopted directly from the RCI model. The rule lists hundreds of potential agents and defines allowable uses of anabolic steroids following the RCI’s model rule. The Alabama rule allows testing of any horse off racetrack grounds so long as the animal is “under the care or control of a trainer or owner licensed by the Commission.” Split-sample confirmation is available under Alabama’s rule.
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