Posted: 07 Sep 2010 04:40 PM PDT

By Rick Miller - email
Posted by Mike Dever - email

LOUISVILLE, KY (WAVE) - The Kentucky Horse Racing Commission has heeded the call to crack down on illegal drugs in horse racing, unanimously approving stiffer penalties for offenders.

The proposed new testing aims to catch prohibited performance enhancing drugs that have been in a horse's system long enough to go undetected. Some of these banned drugs help create more red blood cells, which allow the horses to carry more oxygen.

Richard Samms with the Horse Racing Forensics Laboratory of Sports Science explains why the ability to carry more oxygen gives horses an unfair edge.

"Oxygen is consumed during competition, and the deficiency in oxygen toward the end of the race or competition is what causes us to get tired and lose our ability to perform," Samms said.

The one sticking point was the penalty ban included in the legislation. Some commissioners felt suspending violators for one to three years of was too weak, while a proposed 10-year suspension adopted by four other states was considered too harsh.

"All four of them have a straight penalty of a 10-year suspension, and I don't know why Kentucky should have a weaker penalty," said Alan Leavett with the Kentucky Horse Racing Commission. "It's just as damaging to the business in Kentucky as it is for those other four jurisdictions."

So they reached a compromise: offenders will face a ban of 5 to 10 years. Once the ban expires, the offender must reapply for a license to the racing committee. The board will then decide whether or not to reinstate the license.

"If you give them a 1-year suspension, you're putting them out of business, so the discussion between 5 and 10 years - I hate to say - is irrelevant," said Tom Ludt with the KHRC. "But if someone gets five years or seven years - I do not see the difference in that."

Moving forward, Kentucky will apply for an emergency regulation, which means the governor can sign and enact it immediately - hopefully in time for the upcoming Breeders' Cup.

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Racing commission approves non-race day testing

Posted: 07 Sep 2010 06:19 PM PDT

By Gregory A. Hall • ghall@courier-journal.com • September 7, 2010

The Kentucky Horse Racing Commission on Tuesday unanimously approved a rule that will allow for testing horses for prohibited substances on days they aren't racing.

The out-of-competition testing policy, which would be in addition to existing post-race testing, is intended to catch prohibited performance-enhancing drugs that have been in a horse's system long enough to evade detection, but still be effective.

Tuesday's approval of the emergency regulation means the rule is effective once it is signed by Gov. Steve Beshear and filed with the Legislative Research Commission, which are expected in the next several days.

Regulators want the rule in place in time for the Breeders' Cup at Churchill Nov. 5-6, but horsemen argued that a rule specifically targeted at the championship races should be implemented, while waiting for more debate on a comprehensive rule.

Marty Maline, executive director of the Kentucky Horsemen's Benevolent and Protective Association, said he didn't know how his organization of owners and trainers would respond. He said concerns may be addressed during the legislative review of a proposed permanent regulation that will undergo legislative review while the emergency regulation is in place.

The proposal calls for first-time violators to lose their license for five to 10 years and face a $50,000 fine. Indiana, New Jersey, Delaware and Ontario, Canada require 10-year penalties. Some Kentucky commission members were concerned that a judge might reject a 10-year penalty, with no room for leniency, as an effective lifetime ban.

Although commission member and standardbred breeder Alan Leavitt voted for the rule, he expressed support for the standard 10-year penalty. He said the greatest threat to the standardbred industry has been blood doping and he doesn't mind if some see 10 years as a death sentence.

"That's exactly what it's intended to be," he said. Approving the smaller penalty range is a "bad image for Kentucky to be giving the racing world."

The commission also approved a regulation that calls for money-saving changes in post-race drug testing and will require less analysis of blood and urine samples. The commission approved the idea in December, but didn't approve a regulation until now. The regulation will go through the standard legislative review process, meaning it won't take effect for several months.

Under the new post-race testing plan, at least two horses in any race with a purse of $2,500 or more would have a sample drawn. Owners and trainers won't know which samples are to be tested, a twist that commission officials have said will deter cheating.

Certain stakes races would be subject to increased sampling and testing, as is the current practice.

The policy changes are based on an early 1990s industry paper called the "McKinsey Report" that suggested that random testing could be an effective and cheaper approach to enforcing medication rules.

Reporter Gregory A. Hall can be reached at (502) 582-4087.

Ky. approves random race horse drug testing

Posted: 07 Sep 2010 02:40 PM PDT

LOUISVILLE, Ky. (AP) -- Kentucky horse racing officials have extended the state's power to drug test horses, passing a measure on Tuesday that will allow them to test any horse eligible to race in the Bluegrass anywhere at any time.

The Kentucky Horse Racing Commission unanimously approved an aggressive random testing measure on Tuesday in hopes of further curbing blood doping and drug use in the sport.

"This is the best way to attack the most serious problem in racing," Ned Bonnie, chairman of the racing commission's rules committee.

The policy has been tabbed as an emergency regulation by the KHRC, speeding up the ratification process. It will go into effect once signed by Gov. Steve Beshear and filed with the Legislative Research Commission, which should happen well before the Breeders' Cup championships are held at Churchill Downs in early November.

The new rules will complement the raceday testing already in place. The new tests are designed to detect blood-doping agents that are difficult to discover in post-race tests.

The policy gives officials the power to test any horse eligible to race in the state for a series of banned substances, regardless of location. Similar rules are already in place in New York, New Jersey and Indiana.

"I think our list of prohibitive substances is a little bit more expansive than it is in the other states," said KHRC attorney Tim West.

Under the rules, an owner or trainer would have no more than six hours to make a horse available for testing once notified.

Refusal to submit for testing in a timely manner makes the horse ineligible to race in Kentucky for six months, and it's likely that other states would honor that suspension. If a horse tests positive for some of the worst drug violations, the penalties for its handlers are stiff -- a minimum five-year suspension and up to $50,000 in fines.

An owner or trainer would receive a lifetime ban for a second violation.

While applauding the move, standardbred owner and breeder Alan Leavitt said the penalties are not in line with regulations in other states. Leavitt was hoping for an automatic 10-year suspension for a first offense.

"I think it is a bad image for Kentucky to be giving to the racing world," Leavitt said.

The approved suspension period of 5-10 years is considerably higher than the original proposed ban of 1-3 years. Thoroughbred owner and commission member Tom Conway, who saddled 2010 Blue Grass Stakes winner Stately Victor, said the penalty was made flexible to fend off any potential legal challenges.

"There was a group that thought it out to be just a flat 10 years," Conway said. "But that's tantamount to a life sentence for most people in racing."

Conway added he couldn't imagine a mitigating circumstance in a blood-doping case but wanted to give officials some wiggle room in handing out suspensions.

Finding violators can be difficult given the small window in which most blood-doping agents are detectable, West said, but the severe penalties are in place to act as a deterrent.

"I would say that if we never catch anybody then the rule has been effective," West said. "As long as we're testing people and not catching people, then the rule has done its job."

Mechanical horse 'improves falls'

Posted: 07 Sep 2010 07:22 AM PDT

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Horse Racing

Tuesday, September 7, 2010

“KY Horse Racing Commission enacts regulations to crackdown on illegal drugs” plus 3 more

“KY Horse Racing Commission enacts regulations to crackdown on illegal drugs” plus 3 more

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