NEWS
Out-of-competition drug testing penalties
spark joint committee debate
Posted: Tuesday, August 31, 2010 6:42 PM
by Frank Angst
A joint committee crafting a Kentucky regulation on out-of-competition drug testing remains divided on the penalty phase of the rule, a division that probably will result in further debate when it is presented to the Kentucky Horse Racing Commission (KHRC).
On Tuesday in a joint meeting of the Equine Drug Research Council (EDRC) and the KHRC’s rules committee, members of the two committees voted 6-4 to recommend a penalty that includes a suspension of five to ten years for first-time offenders. Not only did the recommendation pass by the slimmest of margins—ties fail—but the eight members of the EDRC were split 4-4.
The four voters who opposed the five-to-ten penalty favored a harsher standard of a minimum ten-year suspension. Kentucky Senator Damon Thayer, a member of the EDRC, supported the ten-year minimum noting it is consistent with penalty standards in four other states that have out-of-competition testing.
Both penalties strengthen a recommendation the joint committee approved on August 26 that called for a suspension of at least one year and up to ten years. Penalties for positives in out-of-competition testing typically are harsh because such testing targets substances that affect performance but do not show up in post-race testing like blood doping, human growth hormones, and erythropoietin (EPO).
The KHRC is attempting to put an out-of-competition rule in place, in part, to meet the standards of the Breeders’ Cup World Championships, which will be conducted at Churchill Downs this fall. The full commission is expected to vote on the rule when it meets in Louisville on September 7.
Joint Committee Chairman Ned Bonnie backed the suspension of five to ten years, noting that the person also would have their license revoked. He said that would allow the commission to consider denying the person’s license should they try to return to the sport. Bonnie, an attorney and a horse racing commissioner, said these types of rules have a better chance of standing up to court scrutiny.
Thayer, who is not a horse racing commissioner, said Kentucky should not pass penalties that are more lenient than other states and it should strive for uniformity in the sport. He believes the Equine Drug Research Council, which was created to guide the racing commission on its drug rules, ultimately should have crafted that portion of the recommendation.
Jerry Yon, chairman of the EDRC and a member of the commission, also opposed the five-to-ten penalty. Alan Leavitt, a commissioner who does not serve on either committee, attended the meeting and passionately called for the ten-year minimum. Thayer is confident both options will be considered at the commission meeting.
“The racing commission will have the ability to decide between five to ten years or ten years,” Thayer said.
Tuesday’s meeting nearly broke down several times as committee members debated the rules of order and questioned the result of the vote that saw half of the Equine Drug Research Council members oppose the five-to-ten year penalty. Behind the 6-4 overall vote, the recommendation language ultimately was changed from one to ten years to five to ten years.
In all of the debate, the joint committee failed to conduct a vote on the final language of the recommendation on all aspects of out-of-competition testing. The joint committee did go over the entire document and approved amendments on specific topics. Those recommendations and the draft will be presented to the commission.
The joint committee will recommend that the penalty for someone who refuses to submit a horse for a test be the same as someone who fails a test. That standard will not change no matter what ultimate decision is reached on the penalty.
Frank Angst is senior writer for Thoroughbred Times
