Jennifer Wolsing

This regulation sets a medication classification schedule.

This regulation is necessary to clearly establish requirements and prohibitions concerning the use of medications before and during race meetings.

KRS 230.215(2) authorizes the Kentucky Horse Racing Commission to promulgate administrative regulations prescribing conditions under which all legitimate horse racing and wagering thereon is conducted in Kentucky. KRS 230.240(2) requires the commission to promulgate administrative regulations restricting or prohibiting the administration of drugs or stimulants or other improper acts to horses prior to the horse participating in a race. This administrative regulation establishes the drug classification schedule in effect in Kentucky.

This administrative regulation ensures that medications are used appropriately on and before racing dates, and in a manner that is consistent with the integrity of racing.

This proposed amendment adds levamisole as a Class B medication.

This amendment is necessary to clarify the status of levamisole as a Class B substance, particularly following the results of equine studies involving levamisole administration.

KRS 230.215(2) and 230.260(8) authorize the commission to promulgate administrative regulations prescribing conditions under which racing shall be conducted in Kentucky. KRS 230.240(2) authorizes the commission to promulgate administrative regulations restricting or prohibiting the use and administration of drugs or simulants or other improper acts to horses participating in a race. The amendment to this regulation is necessary to ensure that racing participants have easier access to the commission’s regulatory requirements and guidance.

The amendment will assist in the effective administration of KRS 230.215(2), 230.260(8), KRS 230.240(2) by ensuring that racing participants have easier access to regulations establishing appropriate requirements and prohibitions pertaining to the use of medications in horse racing in Kentucky.

The Kentucky Horse Racing Commission is affected by this administrative regulation. In addition, Kentucky’s licensed thoroughbred and standardbred race tracks, and all individual participants in horse racing, are potentially affected by this administrative regulation’s establishment of fundamental rules pertaining to the use of medication in horse racing. In 2017, the commission licensed over 22,000 individuals to participate in horse racing. This number is consistent from year to year.

Participants in horse racing, and especially owners, trainers, and veterinarians, will be required to adhere to the requirements and rules set forth in these medication classifications, which pertain to the use of medications in horse racing. In this case, participants will be required to adhere to the rule regarding levamisole.

No new costs are anticipated to comply with this administrative regulation, as Kentucky’s licensees have operated in accordance with similar requirements for many years.

Participants in racing will benefit from clearly defined rules that enhance the integrity of racing.

There is no initial administrative cost to implement this administrative regulation.

There is no continuing cost to implement this administrative regulation.

Kentucky’s racing associations are required by KRS 230.240(2) to pay for the cost of testing for prohibited medications. The Kentucky Horse Racing Commission covers other costs of implementing and enforcing this administrative regulation.

No additional fees or funding are necessary to implement this administrative regulation.

This administrative regulation does not establish any new fees or increase any current fees to participate.

Tiering was not applied because this administrative regulation will apply to all similarly situated entities in an equal manner.

The Kentucky Horse Racing Commission will be impacted by this administrative regulation.

KRS 230.215, 230.225, 230.240, 230.260, 230.300.

If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

This administrative regulation will not generate revenue for state or local government for the first year.

This administrative regulation will not generate revenue for state or local government for subsequent years.

No funds will be required to administer this regulation for the first year.

No funds will be required to administer this regulation for the subsequent years.

Neutral

Neutral

None

This bill is not anticipated to save costs during the first year.

This bill is not anticipated to save costs in subsequent years.

This bill is not anticipated to generate new costs in the first year.

This bill is not anticipated to generate new costs in subsequent years.

None.

None.

"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This regulation will not need to a major economic impact; it will neither save nor generate costs.