Reporting of Standardbred Corticosteroid Joint Injections to the Commission
NY-ADR
9/17/14 N.Y. St. Reg. SGC-37-14-00007-P
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 37
September 17, 2014
RULE MAKING ACTIVITIES
NEW YORK STATE GAMING COMMISSION
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. SGC-37-14-00007-P
Reporting of Standardbred Corticosteroid Joint Injections to the Commission
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 4120.4 of Title 9 NYCRR.
Statutory authority:
Racing Pari-Mutuel Wagering and Breeding Law, sections 103(2), 104(1), (19) and 122
Subject:
Reporting of standardbred corticosteroid joint injections to the Commission.
Purpose:
To enhance the integrity and safety of standardbred horse racing.
Text of proposed rule:
A new subdivision (b) would be added to section 4120.4 of 9 NYCRR, as follows:
§ 4120.4. Trainer’s responsibility.
(a) A trainer shall be responsible at all times for the condition of all horses trained by him or her. No trainer shall start or permit a horse in his or her custody, care or control to be started if such trainer knows, or might have known cause to believe, that the horse has received any drug or other restricted substance that could result in a positive test. The trainer shall be held responsible for any positive test unless such trainer can show by substantial evidence that neither such trainer nor any employee nor agent was responsible for the administration of the drug or other restricted substance. Every trainer must guard each horse trained by him or her in such manner and for such period of time prior to racing the horse so as to prevent any person whether or not employed by or connected with the owner or trainer from administering any drug or other restricted substance to such horse contrary to this Part.
(b) Trainers shall maintain accurate records of all corticosteroid joint injections to horses trained by them. The record(s) of every corticosteroid joint injection shall be submitted, in a form and manner approved by the commission, by the trainer to the commission within 48 hours of the treatment. The trainer may delegate this responsibility to the treating veterinarian, who shall make these reports when so designated. The reports shall be accessible to the examining veterinarian for the purposes of assisting with pre-race veterinary examinations.
Text of proposed rule and any required statements and analyses may be obtained from:
Kristen Buckley, New York State Gaming Commission, 1 Broadway Center, PO Box 7500, Schenectady, New York 12301, (518) 388-3407, email: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority: The New York State Gaming Commission (“Commission”) is authorized to promulgate these rules pursuant to Racing Pari-Mutuel Wagering and Breeding Law sections 103(2), 104(1), 104(19) and 122. Under Section 103(2), the Commission is responsible to supervise, regulate, and administer all horse racing and pari-mutuel wagering activities in the State. Subdivision (1) of Section 104 confers upon the Commission general jurisdiction over all such gaming activities within the State and over the corporations, associations and persons engaged in such activities. Subdivision (19) of Section 104 authorizes the Commission to promulgate any rules and regulations that it deems necessary to carry out its responsibilities. Section 122 continues previous rules and regulations of the legacy New York State Racing and Wagering Board, subject to the authority of the Commission to modify or abrogate such rules and regulations.
2. Legislative objectives: To enable the Commission to enhance the integrity and safety of standardbred pari-mutuel racing while generating reasonable revenue for the support of government.
3. Needs and benefits: This rulemaking to amend Commission Rule 4120.4 is necessary to monitor the administration of corticosteroid joint injections to standardbred horses.
This proposal would amend Section 4120.4 of 9 NYCRR, which is the Trainer’s Responsibility rule, to require that a trainer report any equine corticosteroid joint injections to the Commission within 48 hours of treatment. The proposal further authorizes trainers to delegate such reporting responsibility to the treating veterinarians, who have the information (e.g., dose, drug) necessary to make such reports.
The reporting of corticosteroid joint injections will enable the veterinarians who perform pre-race examinations of standardbred horses at the racetracks to make a better evaluations of the condition of the horse, including by identifying a pattern of redundant treatments that have the potential to misrepresent the true clinical condition of a horse. These pre-race examinations are intended to prevent sore or lame horses from racing, to enhance the integrity of the races and the safety of the equine and human participants.
This reporting will permit the Commission to review the corticosteroid joint injection data to learn which joints are treated, the age distribution of horses that receive such treatments, any relationship between such treatments and injuries or chronic joint disabilities, and the frequency of repetitious joint treatments. Sore joints are a common ailment suffered by standardbred racehorses. The veterinary literature suggests that other modalities might better treat such conditions and that corticosteroid joint injections might contribute to further degeneration of sore joints under certain circumstances.
This amendment would also provide the Commission with timely notice of any potential ailments, notify the racing secretaries when horses are ineligible to enter upcoming races because of a recent corticosteroid joint injection, and ensure that documentation is available if a horse’s fitness comes into question.
4. Costs:
(a) Costs to regulated parties for the implementation of and continuing compliance with the rule: The costs of compliance by regulated parties will be minimal. The Commission has developed a free online reporting system for this data, already in use for thoroughbred racehorses, whose trainers and veterinarians have reported such information on a timely basis at minimal cost since December 26, 2012.
(b) Costs to the agency, the state and local governments for the implementation and continuation of the rule: None. The Commission can readily use its thoroughbred corticosteroid reporting system for standardbred horsepersons.
There will be no costs to local government because the New York State Gaming Commission is the only governmental entity authorized to regulate pari-mutuel horse racing.
(c) The information, including the source(s) of such information and the methodology upon which the cost analysis is based: The Commission relied on its experience collecting such information from thoroughbred horsepersons.
5. Local government mandates: None. The Commission is the only governmental entity authorized to regulate pari-mutuel horse racing activities.
6. Paperwork: There will be a need for reporting corticosteroid injections. Trainers or their designated treating veterinarians will be required to make entries on the Commission’s free online reporting system.
7. Duplication: None.
8. Alternatives: These rule amendments are based on the success of this reporting requirement for thoroughbred racing. No other alternatives were considered.
9. Federal standards: None.
10. Compliance schedule: Regulated persons will be able to achieve compliance with the rule upon publication of a Notice of Adoption in the New York State Register.
Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
A regulatory flexibility analysis for small business and local governments, a rural area flexibility analysis, and a job impact statement are not required for this rulemaking proposal. The proposed amendment requires the trainer of a standardbred racehorse, or the treating veterinarian if designated by the trainer, to report equine corticosteroid joint injections to the Commission. Under current rules, the records of such treatments are required to be maintained by the treating veterinarian and must be disclosed to the Commission on demand. This proposal standardizes such reporting, which will be implemented through a free online reporting system for such information that is currently used to collect such data from thoroughbred horsepersons by the Commission. The rule does not impose any significant technological changes on the industry for the reasons set forth above. The routine collection of this data will provide more information about the successful treatment of sore joints in racehorses, and as such will have a positive effect on horseracing, the care and treatment of racehorses, and the revenue generated through pari-mutuel wagering and breeding in New York State. This will not adversely impact rural areas or jobs or local governments.
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