RCI considers broad rule to crack down on medication violations

Daily Racing Form

The Association of Racing Commissioners International is considering a rule that would allow racing commissions to penalize horsemen if their horses test for an “excessive” amount of any substance, according to the RCI.

A draft of the rule has been posted to the RCI’s website for public comment for a period at least running up to the next meeting of the RCI’s Model Rule Committee on July 15 in Deadwood, S.C. Under the draft, commissions could demand that trainers or veterinarians explain high concentrations of “any substance” in a horse’s blood or urine sample, even if the substance has not been proven to be performance-enhancing. It would grant commissions the power to penalize the trainer or veterinarian if the explanation was not satisfactory, the RCI said.

The impetus for the rule lies in the recent controversy surrounding the widespread abuse of the mineral cobalt in horse-racing jurisdictions worldwide. Though cobalt is naturally occurring and is an essential mineral, many horses in and outside of the U.S. have been found to have unnaturally high concentrations of the mineral. According to regulators, the tests have provided stark evidence that horsemen have administered high doses of the mineral to horses under the belief that it can act as a cheap blood doper, even if no scientific evidence exists that cobalt can improve performance.

The rule states that “levels indicating an administration of a medication far in excess of the recommended dosage consistent with generally accepted veterinary care could be considered ‘excessive’ and an overdose.” The rule would apply to regulated medications with defined threshold levels and other substances for which regulations do not exist, according to Ed Martin, the executive director of the RCI.

Racing commissions can typically apply either mitigating or aggravating circumstances when determining penalties for medication violations. Martin said the proposed rule would provide “another bullet in the arsenal” when contemplating violations, especially in the case of regulated medications that can have an effect on performance or the health of a horse, such as clenbuterol.

“We feel we need a vehicle to go beyond what would be a normal prosecution of a legal substance,” Martin said.

The legal definition of “excessive” likely will be challenged by any horseman who is charged under the rule. To determine what is “excessive,” Martin said racing commissions could rely on expert testimony from regulatory veterinarians or veterinary organizations such as the American Association of Equine Practitioners.

“There are numerous places we can go to determine that,” Martin said.

Martin said the RCI’s Drug Testing Standards and Protocol Committee approved the rule “in concept” during a vote at the committee’s last meeting in April. The RCI then drafted the rule, leading to the posting this week.

If the RCI adopts a rule, it would be sent to the organization’s individual members with a recommendation for approval.