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
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.