Implementation of Procedure to Disclose Horses' Recent Corticosteroid Joint Injections to C...

NY-ADR

4/9/14 N.Y. St. Reg. SGC-40-13-00002-A
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 14
April 09, 2014
RULE MAKING ACTIVITIES
NEW YORK STATE GAMING COMMISSION
NOTICE OF ADOPTION
 
I.D No. SGC-40-13-00002-A
Filing No. 249
Filing Date. Mar. 24, 2014
Effective Date. Apr. 09, 2014
Implementation of Procedure to Disclose Horses' Recent Corticosteroid Joint Injections to Claimants
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of section 4038.5(c) to Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 103(2), 104(1), (19) and 122
Subject:
Implementation of procedure to disclose horses' recent corticosteroid joint injections to claimants.
Purpose:
To protect the health and safety of thoroughbred race horses, jockeys, and exercise riders.
Text or summary was published
in the October 2, 2013 issue of the Register, I.D. No. SGC-40-13-00002-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Kristen M. Buckley, New York State Gaming Commission, One Broadway Center, Suite 600, Schenectady, NY 12305-2553, (518) 388-3332, email: [email protected]
Initial Review of Rule
As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 5th year after the year in which this rule is being adopted.
Assessment of Public Comment
One public comment was received in response to the publication of the proposed rule-making in the October 2, 2013 State Register. A racetrack official wrote in support and suggested that the proposed rule should require the previous trainer of a claimed horse to submit the previous 30 days of veterinary information to the Commission, which would then transmit such information to the claimant. The Commission rejected this approach because it would add an unnecessary layer of reporting to the rule. Another Commission rule, 9 NYCRR 4043.4(b), already require the trainer or veterinarian of a horse to report all corticosteroid joint injections (“CJI”) to the Commission on the Commission’s online reporting system. Such reports are mandatory within 48 hours of such treatments. Such treatments are not permitted within seven days of racing. The Commission has modified this system to transfer the already reported CJI information to the claimant of a horse, once the previous trainer verifies online that such claim has occurred.
End of Document