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National & State Medication Rules

 
Latest Medication Rules in Illinois 

ILLINOIS REGISTER
ILLINOIS RACING BOARD
NOTICE OF ADOPTED AMENDMENTS

  1. Heading of the Part: Medication 
  2. Code Citation: 11 Ill. Adm. Code 603 
  3. Section Numbers:            Adopted Action

         603.60                              Amendment
         603.75                              Amendment
         603.160                            Amendment

  4.   Statutory Authority: 230 ILCS 5/9(b)
  5.   Effective Date of Rule: August 25, 2014
  6.   Does this rulemaking contain an automatic repeal date? No 
  7.   
Does this rulemaking contain incorporation by reference? No
  8.   A copy of the adopted rule, including any material incorporated by reference, is on file in the Agency's central office and is available for public inspection.
  9.   Notice of Proposal published in the Illinois Register: 38 Ill. Reg. 8783, April 25, 2014.
 10.  Has JCAR issued a Statement of Objection to this rule? No 
 11.  Differences between Proposal and Final Version: The Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances was updated from December 2013 version 6.00 to January 2014 version 7:00.
 12.  Have all the changes agreed upon by the Agency and JCAR been made as indicated in the letter issued by JCAR? Yes
 13.  Will this rulemaking replace any emergency rule currently in effect? Yes, 38 Ill. Reg. 9121 effective April 10, 2014
 14.  
Are there any other proposed rulemakings pending on this Part? No 
 15.  
Summary and Purpose of Rulemaking: Oxyphenbutazone, a metabolite of phenylbutazone, is being removed from Section 603.60. There are no commercial manufacturers of oxyphenbutazone so its use by compounders to produce a product for use in horses is highly unlikely. Therefore, the need for a threshold for oxyphenbutazone no longer exists. For this reason, the ARCI removed the threshold for oxyphenbutazone from its model rules. A finding of oxyphenbutazone by itself (i.e., no detectable phenylbutazone in the blood sample) will be treated as a rule violation because such a finding would suggest that oxyphenbutazone had been administered to the horse. Scientists and regulators have learned more about the pharmacokinetics of oxyphenbutazone since the original threshold was adopted. A finding of oxyphenbutazone at a concentration greater than that of phenylbutazone is an expected finding in samples collected more than 24 hours after dose administration. Therefore, findings being reported by the Board's laboratory are entirely consistent with the administration of phenylbutazone 27-32 hours before sample collection. These findings were never intended to be considered rule violations, particularly because they are indicative of compliance with the rules regarding the timing of phenylbutazone administrations.

Sections 603.60, 603.75, and 603.160 are being amended to reflect the most recent version of the ARCI drug guidelines, January 2014 version 7.00.

 16.  Information and questions regarding these adopted rules shall be directed to:

Mickey Ezzo
Illinois Racing Board
100 West Randolph, Suite 5-700 Chicago IL 60601

312/814-5017
Full text of the Adopted Amendments:

TITLE 11: ALCOHOL, HORSE RACING, LOTTERY, AND VIDEO GAMING
 SUBTITLE B: HORSE RACING
CHAPTER I: ILLINOIS RACING BOARD
SUBCHAPTER c: RULES APPLICABLE TO ALL OCCUPATION LICENSEES

PART 603
 MEDICATION

Section
603.10 Pre-Race Saliva Tests
603.20 Racing Soundness Exam
603.30 Foreign Substances and Pharmaceutical Aids Banned 603.40 Twenty-four Hour Ban
603.50 Trainer Responsibility
603.55 Prima Facie Evidence
603.60 Permitted Use of Foreign Substances and Threshold Levels 603.70 Furosemide
603.75 Environmental Contaminants
603.80 Needles, Syringes and Injectables
603.90 Drugs, Chemicals and Prescription Items
603.100 Detention Barn
603.110 Test Samples
603.120 Referee Samples
603.130 Laboratory Findings and Reports
603.140 Distribution of Purses
603.150 Post Mortems
603.160 Penalties
603.170 Veterinarian's Records
603.180 Carbon Dioxide Tests
603.190 Erythropoietin and Darbepoietin Antibody Testing Program 603.200 Out of Competition Testing
603.210 Androgenic-Anabolic Steroids (AAS)

AUTHORITY: Implementing and authorized by Section 9(b) of the Illinois Horse Racing Act of 1975 [230 ILCS 5/9(b)].

SOURCE: Adopted at 21 Ill. Reg. 3232, effective March 4, 1997; amended at 22 Ill. Reg. 2217, effective January 1, 1998; amended at 22 Ill. Reg. 3594, effective February 1, 1998; amended at 25 Ill. Reg. 15611, effective December 1, 2001; amended at 26 Ill. Reg. 12360, effective August 1, 2002; amended at 27 Ill. Reg. 5027, effective March 7, 2003; amended at 27 Ill. Reg. 7331, effective April 15, 2003; amended at 28 Ill. Reg. 1374, effective January 19, 2004; amended at 28 Ill. Reg. 4751, effective March 1, 2004; emergency amendment at 28 Ill. Reg. 7565, effective May 11, 2004, for a maximum of 150 days; emergency expired October 7, 2004; amended at 28 Ill. Reg. 11250, effective August 1, 2004; amended at 28 Ill. Reg. 15790, effective December 1, 2004; emergency amendment at 29 Ill. Reg. 2779, effective February 22, 2005, for a maximum of 150 days; emergency amendment at 29 Ill. Reg. 4116, effective February 25, 2005, for a maximum of 150 days; amended at 29 Ill. Reg. 5726, effective April 8, 2005; amended at 29 Ill. Reg. 12265, effective July 24, 2005; amended at 29 Ill. Reg. 14038, effective September 1, 2005; emergency amendment at 30 Ill. Reg. 14371, effective August 21, 2006, for a maximum of 150 days; amended at 30 Ill. Reg. 18729, effective November 20, 2006; amended at 31 Ill. Reg. 1478, effective January 1, 2007; emergency amendment at 31 Ill. Reg. 6680, effective April 23, 2007, for a maximum of 150 days; amended at 31 Ill. Reg. 12982, effective September 1, 2007; amended at 32 Ill. Reg. 7397, effective May 1, 2008; amended at 33 Ill. Reg. 12571, effective August 25, 2009; expedited correction at 34 Ill. Reg. 9551, effective August 25, 2009; emergency amendment at 35 Ill. Reg. 265, effective December 17, 2010, for a maximum of 150 days; emergency amendment at 35 Ill. Reg. 2810, effective February 1, 2011, for a maximum of 150 days; amended at 35 Ill. Reg. 7400, effective April 25, 2011; amended at 35 Ill. Reg. 8485, effective May 23, 2011; emergency amendment at 35 Ill. Reg. 15296, effective September 6, 2011, for a maximum of 150 days; emergency rule repealed by emergency amendment at 35 Ill. Reg. 18434, effective October 24, 2011, for the remainder of the 150 days; emergency amendment at 35 Ill. Reg. 18959, effective October 25, 2011, for a maximum of 150 days; amended at 36 Ill. Reg. 330, effective January 1, 2012; emergency amendment at 36 Ill. Reg. 3290, effective February 15, 2012, for a maximum of 150 days; emergency amendment at 36 Ill. Reg. 6057, effective April 6, 2012, for a maximum of 150 days; amended at 36 Ill. Reg. 8967, effective June 1, 2012; amended at 36 Ill. Reg. 12815, effective August 1, 2012; amended at 36 Ill. Reg. 17078, effective November 28, 2012; emergency amendment at 36 Ill. Reg. 17131, effective November 28, 2012, for a maximum of 150 days; amended at 37 Ill. Reg. 4993, effective April 1, 2013; emergency amendment at 38 Ill. Reg. 9121, effective April 10, 2014, for a maximum of 150 days; amended at 38 Ill. Reg. 18555, effective August 25, 2014.

Section 603.60 Permitted Use of Foreign Substances and Threshold Levels

     a) Non-Steroidal Anti-Inflammatories (NSAID): Threshold Levels

         1)     Only one non-steroidal anti-inflammatory drug (NSAID) may be present in a horse's body while it is participating in a race. The presence of more than one NSAID, greater than the threshold level, is forbidden and will result in the purse being redistributed.

         2)     Subject to the prohibition contained in Section 603.40 (24 hour ban), the only foreign substances that now meet the criteria established in Section 603.80 are phenylbutazone (or its metabolite oxyphenylbutazone), flunixin, pyrilamine, isoxsuprine and ketoprofen.

         3)     The threshold level of phenylbutazone or oxyphenylbutazone is 2 micrograms (mcg) per milliliter (ml) of serum or plasma. The level of phenylbutazone or oxyphenylbutazone shall be less than 2 mcg/ml of serum or plasma.

                  A)  In the event a post-race sample from a horse contains an amount of phenylbutazone or oxyphenylbutazone greater than or equal to 2 mcg/ml but less than 5 mcg/ml of serum or plasma, the trainer and any other responsible party shall be subject to the following penalties:

                       i)  first offense within a 365 day period, minimum penalty of a written warning to a maximum fine of $500;

                       ii)  second offense within a 365 day period, minimum penalty of a written warning to a maximum fine of $750 and the owner shall be notified;

                       iii)  third or subsequent offense within a 365 day period, minimum fine of $500 to a maximum fine of $1,000 and the purse shall be redistributed.

                  B)  In the event a post-race sample from a horse contains an amount of phenylbutazone or oxyphenylbutazone greater than or equal to 5 mcg/ml of serum or plasma, the trainer and any other responsible party shall be subject to the following penalties absent mitigating circumstances:

                       
i) first offense within a 365 day period, minimum fine of $1,000, and the purse shall be redistributed;

                       ii)  second offense within a 365 day period, minimum fine of $1,500, a 15 day suspension and the purse shall be redistributed;

                       iii)  third or subsequent offense within a 365 day period, minimum fine of $2,500, a 30 day suspension, the purse shall be redistributed and the owner shall be fined a minimum of $5,000.

                   
C)  A finding by the Board's laboratory of any amount of oxyphenbutazone in the absence of phenylbutazone shall be treated as a Class 4 drug, as defined in the Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances (ARCI, 1510 Newtown Pike, Suite 210, Lexington KY 40511; January 2014 version 7.00; this incorporation includes no later amendments or editions).

         4) The threshold level of flunixin shall be less than 20 ng/ml of serum or plasma and the threshold level of ketoprofen shall be less than 10 ng/ml of serum or plasma. In the event a post-race sample from a horse contains an amount of:

                  A) flunixin greater than or equal to 20 ng/ml but less than 100 ng/ml or ketoprofen greater than or equal to 10 ng/ml but less than 50 ng/ml, the trainer shall be subject to the following penalties, absent mitigating circumstances:

                       i)  first offense within a 365 day period, minimum penalty of a written warning to a maximum fine of $500;

                       ii)  second offense within a 365 day period, minimum penalty of a written warning to a maximum fine of $750 and the owner shall be notified;

                       iii)  third or subsequent offense within a 365 day period, minimum fine of $500 to a maximum fine of $1,000 and the purse shall be redistributed.

                  B) flunixin greater than or equal to 100 ng/ml or ketoprofen greater than or equal to 50 ng/ml, the trainer shall be subject to the following penalties, absent mitigating circumstances:

                       i)  first offense within a 365 day period, minimum fine of $1,000 and the purse shall be redistributed;

                       ii)  second offense within a 365 day period, minimum fine of $1,500, a 15 day suspension and the purse shall be redistributed;

                       iii)  third or subsequent offense within a 365 day period, minimum fine of $2,500, a 30 day suspension, the purse shall be redistributed and the owner shall be fined a minimum of $5,000.

         5)  If the phenylbutazone, oxyphenylbutazone, flunixin or ketoprofen overage is due to the negligence of the veterinarian attending the horse, the veterinarian shall be subject to the same penalties as are set forth in subsections (a)(3)(A) and (B) and (a)(4)(A) and (B).

         6)  To help horsemen determine the test levels of phenylbutazone, oxyphenylbutazone, flunixin, pyrilamine, isoxsuprine and ketoprofen, the Board laboratory will test, for the actual cost of processing the sample, all equine serum or plasma samples submitted to it that are accompanied by an affidavit indicating time, method, and route of administration

         67)  Penalties for violations of this Section shall be based on the following criteria:

              A)  previous warning and rulings of this Section;

              B)  the age and experience of the violator;

             C)  whether the violator has ever been the subject of a medication ruling in this or any other racing jurisdiction; 

             D)  what action, if any, was taken to avoid the violation;

              E)  the purse of the race. 

     b)  The following foreign substances may be administered externally to a horse entered to a race: Leg paints and liniment that do not contain any "caine" derivatives, pharmacodynamic and/or chemotherapeutic agents, and that can be applied topically without penetrating the skin.

     c)  Subject to the prohibition contained in Section 603.40 (24-hour ban), the following foreign substances, commonly referred to as anti-bacterial, anti-fungal, anti-protozoal or anti-ulcer drugs, may be present in the body of a horse participating in a race.

         1) Anti-Bacterials

             Amikacin
             Ampicillin
             Ampicillin sodium
             Azolsulfamide
             Chloramphenicol
             Doxycycline
             Enrofloxacin (Baytril)
             Erythromycin sulfate
             Gentamicin sulfate
             Kanamycin sulfate
             Methenamine
             Metronidazole
             Neomycin sulfate
             Nitrofurantoin
             Oxytetracycline
             Penicillin G. Benzathine
             Penicillin G. Potassium
             Sulfadimethozine
             Sulfadimethoxine
             Sulfamethoxazole
             Sulfametranidazole
             Sulfapyridine
             Sulfathiazole
             Tetracycline
             Trimethoprim

         2)  Anti-Fungala

              Amphotericin B
              Griseofulvin
              Neomycin Undecyclenate
              Nystatin

         3)  Anti-Protozoals

              
Nitazoxanide (Navigator)
              Ponazuril (Marquis)
              Pyrimethamine (Daraprim)

        4)  Anti-Ulcers

             Cimetidine (Tagamet)
             Omeprazole (Prilosec or GastroGard)
             Ranitidine (Zantac)

     d)  This listing of anti-bacterial, anti-fungal, anti-protozoal and anti-ulcer drugs is all inclusive and shall not include any other anti-bacterial, anti-fungal, anti-protozoal or anti-ulcer drug.

     e)  A foreign substance of accepted therapeutic value may be administered as prescribed by a veterinarian when threshold levels and guidelines for its use have been approved by the Board and this Part has been duly amended. The Board shall give due consideration to threshold levels and guidelines, when making additions to the permitted list, that have been established by the Quality Assurance Program Committee of the Association of Racing Commissioners International (ARCI, 1510 Newtown Pike, Suite 210, Lexington KY 40511; January 2014 version 7.00December 2012 version 5.00; this incorporation includes no later amendments or editions).

     f)  Official test samples may contain the following drug substance, or its metabolites, in an amount that does not exceed the threshold level:

         
1) The threshold level of isoxsuprine shall be less than 1,000 ng/ml in urine.

         2) The threshold level of O-desmethyl pyrilamine shall be less than 50 ng/ml in urine.

     g)  The provisions of this Section shall be applied retroactively when substantively applicable, including all actions pending before the Board without regard to when the cause of action accrued; provided, however, that this subsection shall not operate to affect rights of individuals that have fully vested.

     
h)  To help horsemen determine the test levels of substances contained in this Section, the Board laboratory will test, for the actual cost of processing the sample, all equine serum or plasma samples submitted to it that are accompanied by an affidavit indicating time, method and route of administration.

(Source: Amended at 38 Ill. Reg. 18555, effective August 25, 2014)

Section 603.75 Environmental Contaminants

The following drugs are recognized as substances that unavoidably become part of the food supply or environment of the horse.

     a)  Benzoylecgonine (a metabolite of cocaine):

         1)  Each time the laboratory reports benzoylecgonine less than 150 ng/ml, the Stewards shall conduct an inquiry. The presence of benzoylecgonine in the horse shall be considered reasonable cause to order a drug screen on the trainer, groom or any other licensed person who cares for the horse pursuant to Section 508.50.

         2)  Laboratory reports of benzoylecgonine, greater than or equal to 150 ng/ml, shall be treated as a Class 1 drug, as defined in the Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances (ARCI, 1510 Newtown Pike, Suite 210, Lexington KY 40511; January 2014 version 7.00December 2012 version 5.00; this incorporation includes no later amendments or editions).

     b)  Dimethyl Sulfoxide (DMSO): The test level of DMSO, greater than or equal to 500 mcg/ml, in urine shall be considered a violation of Section 603.50 and the trainer shall receive a fine of not less than $500 and the purse shall be redistributed.

     c) Caffeine: Laboratory reports of caffeine greater than or equal to 100 ng/ml in urine shall be treated as a Class 2 drug, as defined in the Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances (ARCI, 1510 Newtown Pike, Suite 210, Lexington KY 40511; January 2014 version 7.00December 2012 version 5.00; this incorporation includes no later amendments or editions).

(Source: Amended at 38 Ill. Reg. 18555, effective August 25, 2014)

Section 603.160 Penalties

     
a)  Any person who administers or conspires to administer any foreign substance to any horse in violation of this Part shall be subject to a fine and/or license suspension or revocation and the purse money won may be re-distributed.
     
     b)  Penalties for violations of this Part shall be based on the following criteria:

         1)  the nature of the foreign substance; e.g., cough medicine, steroid, narcotic, stimulant, depressant, etc.;

         2)  the accessibility of the drug; e.g., can be purchased over the counter, only with a prescription, only with a license for controlled substances, cannot be purchased in this country;

         3)  the age and experience of the violator;

         4)  whether the violator has ever been the subject of a medication ruling in this or any other racing jurisdiction;

         5)  what action, if any, was taken by the violator to avoid the violation;

         6)  the purse of the race.

     c)  Any person who violates any provision of this Part for which no specific penalty is provided may be penalized by the stewards or the Board in accordance with the provisions for penalties contained elsewhere in this Chapter or in the Illinois Horse Racing Act of 1975. When imposing penalties, the stewards or the Board shall consider all relevant factors including, but not limited to those specified in this Part.

     d)  In harness racing, any trainer suspended for a violation of this Part shall, upon notice of the violation, submit to the Stewards a current stable list on a form provided by the Board.

         1)  The horses on the stable list shall be placed on the Steward's List unless:

                  
A) The owner of each horse on the stable list secures the services of a trainer approved by the Stewards; and

                  B) The approved trainer stables the horses on the stable list on the grounds of an organization licensee for the full term of the penalized trainer's suspension;

         2)  Horses on the stable list shall be permitted to leave to race in other racing jurisdictions or for medical reasons.

     e)  Penalties for Class 4 and 5 drug violations:

         1)  Class 4 as defined in the Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances (ARCI, 1510 Newtown Pike, Suite 210, Lexington KY 40511; January 2014 version 7.00December 2012 version5.00; this incorporation includes no later amendments or editions). Except as provided in Sections 603.60 and 603.70 of this Part, upon finding of a Class 4 substance, the trainer shall be subject to a fine and/or license suspension or revocation and the purse money won may be re-distributed according to the criteria set forth in subsection (e)(3).

         2)  Class 5 as defined in the Association of Racing Commissioners International Uniform Classification Guidelines for Foreign Substances. Except as provided in Sections 603.75 and 603.60(c) of this Part, upon finding of a Class 5 substance, the trainer shall be subject to a fine and/or license suspension or revocation and the purse money won may be re- distributed according to the criteria set forth in subsection (e)(3).

         3) In determining a disqualification and purse redistribution under this subsection (e), the Stewards shall use the following criteria:

                  A)  A recommendation by the Board veterinarian and/or Board chemist regarding the significance of the concentration of the drug or metabolite present and the estimated withdrawal time.

                  B)  A recommendation by industry experts, including equine pharmacologists and equine physiologists, regarding the effect of the drug on the horse in the concentration found and/or estimated withdrawal times.

                  C)  Repeat violations of these medication and prohibited substance rules by the same trainer or with respect to the same horse.

                  D)  Prior violations of similar rules in other racing jurisdictions by the same trainer or with respect to the same horse.

                  E)  The criteria set forth in subsection (b).

         4) The provisions of this subsection (e) shall be applied retroactively when substantively applicable, including all actions pending before the Board, without regard to when the cause of action accrued; provided, however, that this subsection (e)(4) shall not operate to affect rights of individuals that have fully vested prior to April 23, 2007.

(Source: Amended at 38 Ill. Reg. 18555, effective August 25, 2014)