General Duties and Responsibilities, Procedures Relating to Split Samples, Permitted Medications for Horses, Veterinarians, Penalty Guidelines for Class I-V Drug Violations in Horses, Penalty Guidelines for Class I-V Drug Violations in Greyhounds
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Pari-Mutuel Wagering
RULE NOS.:RULE TITLES:
61D-6.002General Duties and Responsibilities
61D-6.006Procedures Relating to Split Samples
61D-6.008Permitted Medications for Horses
61D-6.009Veterinarians
61D-6.011Penalty Guidelines for Class I-V Drug Violations in Horses
61D-6.012Penalty Guidelines for Class I-V Drug Violations in Greyhounds
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 195, October 7, 2015 issue of the Florida Administrative Register.
61D-6.002 General Duties and Responsibilities.
(1) The trainer of record shall be responsible for and be the absolute insurer of the condition of the horses or racing greyhounds, he/she enters to race. Trainers, kennel owners and operators are presumed to know the rules of the Division. The trainer of record shall be identified on Form DBPR PMW-3360, Personnel Roster, effective December 2015 on the date that this rule is promulgated and incorporated adopted herein by reference, which can be obtained at https://www.flrules.org/gateway/reference.asp?NO=Ref-____, www.myfloridalicense.com/dbpr/pmw, or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1035. The trainer of record shall provide to the chief inspector and racing secretary at any track where the trainer enters racing animals in pari-mutuel races Form DBPR PMW-3360, Personnel Roster at the beginning of each race meet and whenever any changes are made to the personnel under his/her employment.
(2) No change.
(3) Reports of positive result shall include the substance detectected, concentration of the substance, testing methodologies, and the measurement uncertainties associated with the test.
Rulemaking Authority 120.80(4)(a), 550.0251(3), 550.2415(2),(7) (13) FS. Law Implemented 120.80(4)(a), 550.0251, 550.2415 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, .
61D-6.006 Procedures Relating to Split Samples.
The following procedures shall be followed when requesting a portion of an official sample for analysis at an independent laboratory:
(1) A trainer of record or owner of a racehorse or racing greyhound who has received a report of positive result may request that a split sample analysis be conducted on the corresponding portion of the specimen analyzed by the primary racing laboratory under contract with the Division. The trainer of record or owner may request that the split sample be sent to an independent laboratory approved by the Division for split sample analysis. The request must be made in writing or on Form DBPR PMW-3290, Split Sample Request, effective December 2015 on the date this rule is promulgated and adopted herein by reference, which can be obtained at https://www.flrules.org/gateway/reference.asp?NO=Ref- ____, www.myfloridalicense.com/dbpr/pmw, or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1035, and submitted by certified mail or hand delivery to the State Steward, Division Hearing Officer, or the Division’s Office of the General Counsel no later than ten (10) calendar days after receipt of the report of positive result.
(2)-(5) No change.
Rulemaking Authority 120.80(4)(a), 550.0251(3), (11), 550.2415(5), (12) FS. Law Implemented 120.80(4)(a), 550.0251, 550.2415 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 6-26-11, .
61D-6.008 Permitted Medications for Horses.
(1) No change.
(2) The following permitted medications at concentrations less than or equal to the following schedule shall not be reported by the racing laboratory to the Division as a violation of Section 550.2415, F.S.:
(a) through (k) No change.
(l) The detection of furosemide at a blood serum concentration of 100 nanograms per milliliter and a urine specific gravity of less than 1.010.
(m) through (o)
(p) The detection of mepivacaine (hydroxymepivacaine hydroymepivacaine) at a urinary concentration of 10 nanograms per milliliter, or a blood serum concentration at the lowest level of detection.
(q) through (w) No change.
(3) No change.
(4)No Androgenic-Anabolic Steroids (AAS) shall be permitted in test samples collected from racing horses, except for the major metabolites of stanozolol, nandrolone, and the naturally occurring substances boldenone and testosterone at concentrations less than the following thresholds:
(a) Stanozolol or 16β-hydroxystanozolol – 1 nanogram per milliliter in urine for all horses regardless of sex.
(b) Boldenone – 15 nanograms per milliliter in urine of male horses other than geldings. No boldenone shall be permitted in geldings or female horses.
(c) Nandrolone – 1 nanogram per milliliter in urine of geldings or females; or 45 nanograms per milliliter of metabolite, 5α-oestrane-3β,17α-diol in urine of male horses other than geldings.
(d) Testosterone – 20 nanograms per milliliter in urine of geldings, 55 nanograms per milliliter in urine of females. Samples collected from male horses other than geldings will not be tested for testosterone.
(5)(10) All prescription medications, regardless of method of administration, shall be safeguarded under lock and key when not being actively administered.
Rulemaking Authority 550.0251(3), 550.2415(7)(a), (b), (c), (e), (8)(c), (12) FS. Law Implemented 550.0251(11), 550.2415(1), (7)(e), (8)(c), (12), (14), (15) FS. History–New 10-20-96, Amended 1-5-98, 6-6-00, 5-14-02, 6-6-04, 7-6-06, 8-12-07, 12-30-08, 12-29-11, .
61D-6.009 Veterinarians.
(1) through (3) No change.
(4)(a) Practicing veterinarians shall maintain records of all racing animals treated and of all medications sold or dispensed. These records shall include the names of the racing animals, their trainer or kennel owner of record, the date, time, amount and type of medication, drug or compound (natural or synthetic), method of administration, and diagnosis. These records shall be retained for at least 24 months 60 days after the completion of the meet and shall be available for inspection by the Division personnel.
(b) No change.
(5) through (10) No change.
Rulemaking Authority 120.80(4)(a), 550.155(1), 550.0251(3), (11), 550.2415(6)(b), (12) FS. Law Implemented 550.0251, 550.2415(6)(b) FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 7-20-10, .
61D-6.011 Penalty Guidelines for Class I-V Drug Violations in Horses.
(1) through (3) No change.
(4) Circumstances which may be considered for the purposes of mitigation or aggravation of any penalty shall include, but are not limited to, the following:
(a) through (i) No change.
(5) through (8) No change.
Rulemaking Authority 550.0251(3), 550.2415(12) FS. Law Implemented 550.0251, 550.1155, 550.2415 FS. History–New 1-5-98, Amended 2-8-01, 3-4-07, 6-26-11, .
61D-6.012 Penalty Guidelines for Class I-V Drug Violations in Greyhounds.
(1) through (3) No change.
(4) Circumstances which may be considered for the purposes of mitigation or aggravation of any penalty shall include, but are not limited to, the following:
(a) through (i) No change.
(5) through (7) No change.
Rulemaking Authority 550.0251(3), 550.2415(12) FS. Law Implemented 550.0251, 550.1155, 550.2415 FS. History–New 6-26-11, .
