Kan. Admin. Regs. § 112-10-4 - Drugs or medication

(a) No individual shall administer any drug or medication to any horse entered in a race before the race in which the horse is to run and continuing until after the race is run except as authorized in these racing regulations.
(b) If the official test laboratory reports a positive test for any drug, its metabolites or any substance foreign to the natural horse, the animal health officer shall classify the test in accordance with the following classifications:
(1) class one: drugs which have the highest potential for affecting performance and which have no generally accepted use in the racing horse. These include, but are not limited to:
(A) opiates, opium derivatives, synthetic opiates and psychoactive drugs which are classified by Pub. L. No. 91-513 as in effect August 1, 1992, as schedule I or schedule II drugs only;
(B) amphetamines and amphetamine-like drugs which are classified by Pub. L. No. 91-513 as in effect August 1, 1992, as schedule I and schedule II drugs only. They do not include drugs which are listed in schedule II and some additional lower schedule III, IV and V;
(C) miscellaneous agents including but not limited to apomorphine, nikethamide, mazindol, pemoline and pentylenetetrazol; and
(D) substances which are not naturally occurring and have no recognized therapeutic value and which impede testing procedures.
(2) class two: drugs which have less potential to affect performance and which are not generally accepted as therapeutic agents in racing horses, except that therapeutic agents that have a high abuse potential are included. Drugs in this class include, but are not limited to: opiates which are classified by Pub. L. No. 91-513 as in effect August 1, 1992, from schedules III, IV and V, catecholamines, psychotropic drugs, central nervous system and cardiovascular stimulants and depressants and muscle blocking agents. Local anesthetics, because of high potential for use as nerve blocking agents, are included in this class.
(3) class three: drugs which are classified by Pub. L. No. 91-513 as in effect August 1, 1992, found in schedules III, IV and V, and non-scheduled drugs which may or may not have generally accepted use in the racing horse, but the pharmacology or use patterns of which include lower scheduled or non-scheduled opioids, bronchodilators and other drugs with primary effects on the autonomic nervous system, procaine from procaine penicillin, antihistamines with mild sedative properties, the high ceiling diuretics and anabolic steroids are included in this group.
(4) class four: therapeutic medications which would be expected to have less chance of affecting performance than drugs in class three. These include, but are not limited to, corticosteroids, mineralcorticoids, non-steroidal anti-inflammatory drugs, including phenylbutazone and oxyphenbutazone at plasma concentrations exceeding 5 micrograms per milliliter or less if detected in a horse that is not permitted such medication or is not identified as having been treated with such medication, less potent diuretics, antihistamines without prominent central nervous system depressant effects, skeletal muscle relaxants, expectorants and mucolytics, hemostatics, cardiac glycosides and antiarrhythmics, topical anesthetics, antidiarrheals, hemorrhelogics, anticonvulsants, non-opiod drugs with a mild analgesic effect and drugs affecting the autonomic nervous system which do not have prominent central nervous system, cardiovascular or respiratory effects and naturally occurring substances that appear in unusual levels or that may interfere with or impede testing procedures.
(5) class five: category of therapeutic medications for which levels have been established by regulation. Also included in this class are miscellaneous agents such as dimethylsulfoxide and other medications as determined by the commission and any recurring substance that may have an undetermined effect or that cannot be identified by recognized analytical methods.
(c) The animal health officer's classification of the positive test shall be reported to the stewards and executive director.
(d) The finding of a class one positive shall result in a penalty of:
(1) a disqualification of the animal and a redistribution of the purse;
(2) a return of any trophy or other award delivered to the owner or owners;
(3) a fine of up to $5,000;
(4) a revocation or a suspension of a license for a period of up to five years; or
(5) a combination of the above.
(e) The finding of a class two positive shall result in a penalty of:
(1) A disqualification of the animal and redistribution of the purse;
(2) a return of any trophy or other award delivered to the owner or owners;
(3) a fine of up to $2500;
(4) a suspension of up to one year; or
(5) a combination of the above.
(f) The finding of a class three positive shall result in a penalty of:
(1) a disqualification of the animal and redistribution of the purse;
(2) a return of any trophy or other award delivered to the owner or owners;
(3) a fine of up to $1500;
(4) a suspension of up to six months; or
(5) any combination of the above.
(g) The finding of a class four positive shall result in a penalty of:
(1) a disqualification of the animal and redistribution of the purse;
(2) a return of any trophy or other award delivered to the owner or owners;
(3) a fine of up to $1000;
(4) a suspension of up to 60 days; or
(5) any combination of the above.
(h) The finding of a class five positive may result in a penalty of:
(1) a disqualification of the animal and redistribution of the purse;
(2) a return of any trophy or other award delivered to the owner or owners;
(3) a suspension of up to 15 days;
(4) a fine of up to $500;
(5) a warning; or
(6) any combination of the above.

Notes

Kan. Admin. Regs. § 112-10-4
Authorized by K.S.A. 1991 Supp. 74-8804, as amended by L. 1992, Ch. 27, Sec. 3, and L. 1992, Ch. 286, Sec. 2; implementing K.S.A. 1991 Supp. 74-8811; effective, T-112-3-31-89, March 31, 1989; effective June 26, 1989; amended March 19, 1990; amended, T-112-8-13-92, Aug. 13, 1992; amended, T-112-12-10-92, Dec. 10, 1992; amended Feb. 15, 1993.

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