01-017 C.M.R. ch. 11, § 2 - Prohibited Substances
1. No person may
permit, authorize, or conspire to permit or authorize, the administration of a
substance to a horse which results in the presence of a prohibited substance,
as described in this subsection, in a horse that participates in a race or that
is programmed to participate in a race.
2. Except when otherwise identified as a
Permitted Substance under Section
4 of this chapter, a substance is a
prohibited substance if it appears on the Uniform Classification
Guidelines for Foreign Substances And Recommended Penalties Model
Rule. January, 2018 (V.13.4) published by the Association of Racing
Commissioners International, unless the substance is permitted substance as
described in Section
4 of this chapter and is present below
the Maximum Allowable Concentration established by Commission rule in this
chapter.
3. Except when otherwise
identified as a Permitted Substance under Section
4 of this chapter, while participating
in a race, a horse shall not carry in its body any drug, medication, substance,
or metabolic derivative that:
A. Is a
narcotic;
B. Could serve as an
anesthetic or tranquilizer;
C.
Could stimulate, depress, or affect the circulatory, respiratory,
cardiovascular, musculoskeletal, or central nervous system of a horse;
or
D. Might mask or screen the
presence of a prohibited drug, or might prevent or delay testing
procedures;
E. Is considered likely
blood doping agents including, but not limited to, Erythropoietin (EPO),
Darbepoetin, Oxyglobin, Hemopure, Aranesp, or any substance that abnormally
enhances the oxygenation of body tissues;
F. Is considered likely gene doping agents or
the non-therapeutic use of genes, genetic elements, and/or cells that have the
capacity to enhance athletic performance or produce analgesia.
4. Except when otherwise
identified as a Permitted Substance under Section
4 of this chapter, a substance shall
not be present in a horse in excess of a concentration at which the substance
would occur naturally, or at a level that would occur through the appropriate
and responsible use of labeled supplements consistent with label
directions.
5. Except when
otherwise identified as a Permitted Substance under Section
4 of this chapter, a substance shall
not be present in a horse if there is credible scientific evidence that it may
affect the performance of a horse at the level found, as evidenced by
Commission sample result.
6. It
shall be prima facie evidence that a horse was administered and carried in its
body, while participating in a race, a drug, medication, substance, or
metabolic derivative thereof prohibited by this section if:
A. A biologic specimen from the horse was
taken under the supervision of the Commission Veterinarian promptly after a
horse participated in a race; and
B. The laboratory designated by the
Department presents to the Commission a report of a positive finding.
7. No person may possess or use a
drug, substance or medication on the grounds of a licensed Association for
which:
A. A recognized analytical method has
not been developed to detect and confirm the administration of such substance;
or
B. The use of which may endanger
the health and welfare of the horse or endanger the safety of the driver;
or
C. The use of which may
adversely affect the integrity of harness racing in the state; or
D. No generally-accepted use in equine care
exists.
8.
Anabolic Androgenic Steroids (AAS). It shall be considered a
violation of the trainer responsibilities for a horse participating in a race
to carry in its body an androgenic-anabolic steroid as evidenced by a test
sample result except for endogenous concentrations of the naturally occurring
substances nandrolone, boldenone and testosterone at concentrations less than
the indicated thresholds described in this section.
A. Concentrations of these AASs shall not
exceed the following free (i.e., not conjugated) steroid concentrations in
plasma or serum:
(1)
Boldenone -
A confirmatory threshold not greater than 25 picograms/milliliter for all
horses, regardless of sex;
(2)
Nandrolone - A confirmatory threshold not greater than 25
picograms/milliliter for fillies, mares, and geldings; males horses other than
geldings shall be tested for Nandrolone in urine;
(3)
Testosterone - A
confirmatory threshold not greater than 25 picograms/milliliter for fillies,
mares, and geldings.
B.
Total concentrations of these AAS shall not exceed the following total
concentrations in urine after hydrolysis of conjugates:
(1)
Boldenone - A confirmatory
threshold not greater than 1 nanogram/milliliter for fillies, mares, and
geldings; a confirmatory threshold not greater than 15 nanograms/milliliter in
male horses other than geldings;
(2)
Nandrolone - A confirmatory
threshold not greater than 1 nanogram/milliliter for fillies, mares, and
geldings; a confirmatory threshold not greater than 45 nanograms/milliliter (as
5[ALPHA]-estrane-3[BETA], 17[ALPHA]-diol) of urine in male horses other than
geldings;
(3)
Testosterone - A confirmatory threshold of not greater than 55
nanograms/milliliter of urine in fillies and mares (unless in foal); a
confirmatory threshold of not less than 20 nanograms/milliliter in
geldings;
C. Any other
AAS are prohibited in racing horses.
D. The sex of the horse must be identified to
the laboratory on all pre-race and postrace samples designated for AAS
testing.
E. If an anabolic steroid
has been administered to a horse in order to assist in its recovery from
illness or injury, that horse may be placed on the Commission Veterinarian's
List in order to monitor the concentration of the drug or metabolite in urine
or blood. After the concentration has fallen below the designated threshold for
the administrated AAS, the horse is eligible to be removed from the
list.
9.
Alkalizing Agents
A. As
described in this section, it shall be considered a violation of the trainer
responsibilities for a horse to carry in its system an elevated level of Total
Carbon Dioxide (TCO2) as evidenced by a biological
sample result.
B. Samples taken
post-race may be tested at the Department's designated laboratory. Positive
test results will be reported immediately by the designated laboratory to the
Department, as with any prohibited substance.
C.
Maximum Acceptable Test
Levels
(1) Maximum acceptable test
levels of TCO2 shall be 37.0 mmol/l for horses not
racing on furosemide.
(2) Maximum
acceptable test levels of TCO2 shall be 39.0 mmol/l for
horses racing on furosemide.
(3)
When test levels of TCO2 exceed the acceptable level, it
shall constitute prima facie evidence that the horse has been administered an
alkalinizing agent and constitutes a violation of the rules.
D.
Pattern of High
TCO2 Levels
The Department shall maintain TCO2 test data relative to specific trainers, stables and owners, and analyze the data for patterns of TCO2 levels that are consistently higher than average. The Department shall notify any affected trainers upon discovery of such a pattern, and that it will selectively test horses where such patterns appear evident.
E.
Prohibition Against Tubing or Dosing
a Horse. Use of a nasogastric tube or a dosing syringe for the purpose
of delivering any substance to the stomach of a horse within 24 hours prior to
a scheduled race shall be considered a violation of this chapter, carrying a
Class A penalty, unless administered due to a medical emergency by a licensed
veterinarian, in which case the horse shall be scratched. The trainer shall be
accountable under this section for any violations that occur.
10.
Penalty Classification
of Prohibited Substances
A prohibited substance shall be classified in accordance with the Uniform Classification Guidelines for Foreign Substances And Recommended Penalties Model Rule. January, 2018 (V.13.4) published by the Association of Racing Commissioners International. Any substance not contained in the Alphabetical Substance List shall be classified by referring to the Classification Definitions contained in the Uniform Classification Guidelines for Foreign Substances And Recommended Penalties Model Rule. January, 2018 (V.13.4) published by the Association of Racing Commissioners International.
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.
1. No person may permit, authorize, or conspire to permit or authorize, the administration of a substance to a horse which results in the presence of a prohibited substance, as described in this subsection, in a horse that participates in a race or that is programmed to participate in a race.
2. Except when otherwise identified as a Permitted Substance under Section 4 of this chapter, a substance is a prohibited substance if it appears on the Uniform Classification Guidelines for Foreign Substances And Recommended Penalties Model Rule. January, 2018 (V.13.4) published by the Association of Racing Commissioners International, unless the substance is permitted substance as described in Section 4 of this chapter and is present below the Maximum Allowable Concentration established by Commission rule in this chapter.
3. Except when otherwise identified as a Permitted Substance under Section 4 of this chapter, while participating in a race, a horse shall not carry in its body any drug, medication, substance, or metabolic derivative that:
A. Is a narcotic;
B. Could serve as an anesthetic or tranquilizer;
C. Could stimulate, depress, or affect the circulatory, respiratory, cardiovascular, musculoskeletal, or central nervous system of a horse; or
D. Might mask or screen the presence of a prohibited drug, or might prevent or delay testing procedures;
E. Is considered likely blood doping agents including, but not limited to, Erythropoietin (EPO), Darbepoetin, Oxyglobin, Hemopure, Aranesp, or any substance that abnormally enhances the oxygenation of body tissues;
F. Is considered likely gene doping agents or the non-therapeutic use of genes, genetic elements, and/or cells that have the capacity to enhance athletic performance or produce analgesia.
4. Except when otherwise identified as a Permitted Substance under Section 4 of this chapter, a substance shall not be present in a horse in excess of a concentration at which the substance would occur naturally, or at a level that would occur through the appropriate and responsible use of labeled supplements consistent with label directions.
5. Except when otherwise identified as a Permitted Substance under Section 4 of this chapter, a substance shall not be present in a horse if there is credible scientific evidence that it may affect the performance of a horse at the level found, as evidenced by Commission sample result.
6. It shall be prima facie evidence that a horse was administered and carried in its body, while participating in a race, a drug, medication, substance, or metabolic derivative thereof prohibited by this section if:
A. A biologic specimen from the horse was taken under the supervision of the Commission Veterinarian promptly after a horse participated in a race; and
B. The laboratory designated by the Department presents to the Commission a report of a positive finding.
7. No person may possess or use a drug, substance or medication on the grounds of a licensed Association for which:
A. A recognized analytical method has not been developed to detect and confirm the administration of such substance; or
B. The use of which may endanger the health and welfare of the horse or endanger the safety of the driver; or
C. The use of which may adversely affect the integrity of harness racing in the state; or
D. No generally-accepted use in equine care exists.
8. Anabolic Androgenic Steroids (AAS). It shall be considered a violation of the trainer responsibilities for a horse participating in a race to carry in its body an androgenic-anabolic steroid as evidenced by a test sample result except for endogenous concentrations of the naturally occurring substances nandrolone, boldenone and testosterone at concentrations less than the indicated thresholds described in this section.
A. Concentrations of these AASs shall not exceed the following free (i.e., not conjugated) steroid concentrations in plasma or serum:
(1) Boldenone - A confirmatory threshold not greater than 25 picograms/milliliter for all horses, regardless of sex;
(2) Nandrolone - A confirmatory threshold not greater than 25 picograms/milliliter for fillies, mares, and geldings; males horses other than geldings shall be tested for Nandrolone in urine;
(3) Testosterone - A confirmatory threshold not greater than 25 picograms/milliliter for fillies, mares, and geldings.
B. Total concentrations of these AAS shall not exceed the following total concentrations in urine after hydrolysis of conjugates:
(1) Boldenone - A confirmatory threshold not greater than 1 nanogram/milliliter for fillies, mares, and geldings; a confirmatory threshold not greater than 15 nanograms/milliliter in male horses other than geldings;
(2) Nandrolone - A confirmatory threshold not greater than 1 nanogram/milliliter for fillies, mares, and geldings; a confirmatory threshold not greater than 45 nanograms/milliliter (as 5[ALPHA]-estrane-3[BETA], 17[ALPHA]-diol) of urine in male horses other than geldings;
(3) Testosterone - A confirmatory threshold of not greater than 55 nanograms/milliliter of urine in fillies and mares (unless in foal); a confirmatory threshold of not less than 20 nanograms/milliliter in geldings;
C. Any other AAS are prohibited in racing horses.
D. The sex of the horse must be identified to the laboratory on all pre-race and postrace samples designated for AAS testing.
E. If an anabolic steroid has been administered to a horse in order to assist in its recovery from illness or injury, that horse may be placed on the Commission Veterinarian's List in order to monitor the concentration of the drug or metabolite in urine or blood. After the concentration has fallen below the designated threshold for the administrated AAS, the horse is eligible to be removed from the list.
9. Alkalizing Agents
A. As described in this section, it shall be considered a violation of the trainer responsibilities for a horse to carry in its system an elevated level of Total Carbon Dioxide (TCO2) as evidenced by a biological sample result.
B. Samples taken post-race may be tested at the Department's designated laboratory. Positive test results will be reported immediately by the designated laboratory to the Department, as with any prohibited substance.
C. Maximum Acceptable Test Levels
(1) Maximum acceptable test levels of TCO2 shall be 37.0 mmol/l for horses not racing on furosemide.
(2) Maximum acceptable test levels of TCO2 shall be 39.0 mmol/l for horses racing on furosemide.
(3) When test levels of TCO2 exceed the acceptable level, it shall constitute prima facie evidence that the horse has been administered an alkalinizing agent and constitutes a violation of the rules.
D. Pattern of High TCO2 Levels
The Department shall maintain TCO2 test data relative to specific trainers, stables and owners, and analyze the data for patterns of TCO2 levels that are consistently higher than average. The Department shall notify any affected trainers upon discovery of such a pattern, and that it will selectively test horses where such patterns appear evident.
E. Prohibition Against Tubing or Dosing a Horse. Use of a nasogastric tube or a dosing syringe for the purpose of delivering any substance to the stomach of a horse within 24 hours prior to a scheduled race shall be considered a violation of this chapter, carrying a Class A penalty, unless administered due to a medical emergency by a licensed veterinarian, in which case the horse shall be scratched. The trainer shall be accountable under this section for any violations that occur.
10. Penalty Classification of Prohibited Substances
A prohibited substance shall be classified in accordance with the Uniform Classification Guidelines for Foreign Substances And Recommended Penalties Model Rule. January, 2018 (V.13.4) published by the Association of Racing Commissioners International. Any substance not contained in the Alphabetical Substance List shall be classified by referring to the Classification Definitions contained in the Uniform Classification Guidelines for Foreign Substances And Recommended Penalties Model Rule. January, 2018 (V.13.4) published by the Association of Racing Commissioners International.