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Kentucky moves forward on out-of-competition rules

Posted: Thursday, August 26, 2010 8:13 PM

by Frank Angst

After a joint committee moved forward on recommendations of rules, testing, and penalties for out-of-competition drug testing in Kentucky, Kentucky Horse Racing Commissioner Alan Leavitt expressed frustration that a penalty fell short of standards in four other jurisdictions.

The committee on Thursday recommended penalties of a $50,000 fine and suspension of “one to ten years” for horsemen who have horses test positive for performance-enhancing substances during out-of-competition testing. Leavitt had hoped the joint meeting of the Kentucky Equine Drug Research Council and the Kentucky Horse Racing Commission Rules Committee would match other jurisdictions in calling for a ten-year suspension of violators.

“Why are we worrying about [penalties of less than ten years,]” Leavitt asked committee members. “These people are destroying our business.”

Out-of-competition testing gives Kentucky the ability to test out-of-state horses who layer will race in the state. The idea is to test for substances and practices like growth hormones, blood doping, and Erythropoietin (EPO), which can enhance performance on race day but not show up in post-race tests.

While Leavitt attended Thursday’s meeting at the KHRC offices in Lexington, he does not serve on either committee. He does serve on the Kentucky Horse Racing Commission, which is scheduled to consider the issue at its September 7 meeting in Louisville as a rule has to be in place in time to meet Breeders’ Cup World Championships standards. The Breeders’ Cup is scheduled for November 5-6 at Churchill Downs.

Leavitt especially was frustrated because, at one point on Thursday, the joint committee voted to put the ten-year penalty in place. The committee then reconsidered that recommendation after noting that the longest suspensions for first time offenders of race-day violations in Kentucky are three years.

“I just feel like there are too many apologists for people that are ruining the game,” Leavitt said afterward.

While the committee recommended the penalty of one to ten years, it could still change its recommendation before the September KHRC meeting. Concerned they may have not spent enough time on the various regulations, the committees decided to meet again by video conference at 3 p.m. EDT on August 31.

The meeting followed two town hall meetings on the topic at Keeneland Race Course and Churchill Downs.

In another key issue that received lengthy debate, the joint committee decided that any person who refuses to submit to an out-of-competition test should face the same penalty as a positive test. That penalty was later determined to be one to ten years.

Frank Angst is senior writer for Thoroughbred Times