Drug
Testing Penalties
Dear Member,
The BHRC is at present
considering how we structure the manner by which infringements to our rules on
drug testing are dealt with. This is an important communication, please read it
carefully and if you wish to make an input to this process, write or email the
office, or attend your local club/association meeting and make your views felt.
I am doing this so that everyone knows what is going on, as well as wanting to
ensure that the “disinformation bandwagon” is definitely derailed.
The BHRC has a zero drug
tolerance so far as prohibited substances are involved. It always has had - it
always will have. However, not all prohibited substances are the same.
The Meursault
Hanover/Ian Pimlott case involved a positive test for
Dexamethasone. This is an anti-inflammatory. It is
ranked as a banned substance but one of viable therapeutic value. It is neither
a pain killer nor a stimulant.
Three good men and true, Barry
Delaney, Brian Reynolds and John Wright decided on the sanctions of:
Fine Mr Pimlott £1000,
Suspension
of Trainers licence for three years (with two years
suspended)
Suspension
of Drivers licence for seven months
Payment
of costs
Horse
disqualified
Prize
money to be forfeited
Horse
to produce negative test before racing
Ian Pimlott
appealed and the panel of Roland Pugh, Iain McLaren and myself
decided that the penalties were too severe. We amended:
Fine Mr Pimlott £500,
Suspension of
Trainers licence until 14th June 2009
Payment of costs up
to date of Appeal Hearing
Horse disqualified
Prize money to be
forfeited
Horse to produce
negative test before racing
We did this for the following
reasons:
The International Racing
Community (Thoroughbred and Harness) has an advisory body The Association of
Racing Commissioners International. They have a website (www.ARCI.com) if you want to look at it. They
classify this drug as Class IV:-
“Drugs in this category comprise mainly therapeutic medications routinely used
in racehorses. These may influence performance, but generally have a more
limited ability to do so”.
The penalty is Category C.
We liaised with the British Horse
Racing Authority (Jockey Club), Standardbred Canada
and Harness Racing New Zealand.
The BHA would have levied a fine
of £500-£750 no suspension.
Standardbred Canada would have fined $250, 15
day suspension
HRNZ would have fined, might have
suspended but would not have penalised the drivers licence.
Regard was also had to the level
of penalty imposed on other Integrity Testing matters within British Harness
Racing recently. And thank God there has not been many to compare with. We have
a very clean sport.
We could see no reason to suspend
Mr Pimlott’s drivers licence. The original panel had not followed Rule Y5 which
states the following:
Y5. A horse shall be disqualified whenever a sample taken after it has raced contains a prohibited
substance. The trainer of the horse shall be penalised,
in accordance with the rules and regulations of the Governing Body. The horse will remain suspended until
a negative dope test is achieved.
The BHRC Rule Book is clear, it is the Trainer of the horse that should be penalised, not the driver. To suspend the driver would be
breaking our own rules. We thought our penalties were firm but fair. Not
everyone agrees with this and the original panel members are regrettably upset.
When hearing a case the BHRC is
in a quasi judicial position. Panel members have a duty to examine all the
evidence and judge in a fair manner. There are two ways in which we can decide
on penalty:
1. By
prescription where the penalty is written down (Codified)
Or
2. By making a decision based on
Equity…natural justice and fairness supplementing, moderating and having regard
to decisions available to be considered.
I have always favoured
the second way because it allows wider scope for consideration. However the
BHRC is now actively examining the first option. A panel has been set up comprising Fred Hay
(SHRC), Dawn Forrest (Eden Valley), Jason Podmore
(Midlands HRC), Roland Pugh (Regional Steward) and myself.
We have done a lot of research on this, debated at length, burnt the midnight
oil and reported to the BHRC Committee on 1st March 2009. Following
further debate our recommendations are attached. We have used the classification of drugs of
the ARCI (I –V) and used their Categorisation of
penalties (A-D). We have tailored penalties to what we think are fair and
reasonable for Harness Racing in Britain.
Sample Classes/Penalties are:
EPO - Class 2 Drug
- Category A Penalty
Cocaine -
Class
1 Drug - Category B Penalty
Caffeine - Class
2 Drug - Category B Penalty
Clenbuterol - Class 3 Drug - Category B Penalty
Ephedrine - Class
2 Drug - Category A Penalty
Lansprozole - Class 5 Drug - Category D
Penalty
Omeprazole - Class 5 Drug - Category D Penalty
Phenylbutazone -
Class 4 Drug - Category C Penalty
A full list can be seen on the ARCI
Website.
The penalties that we are
recommending A-D are attached. The main
advantage of a prescriptive system such as this is that there can be no
argument as to the sanctions to be applied. It is envisaged that, where there
are positive tests for horses racing or entered to race, the Track Stewards,
assisted by a Regional Steward would impose the penalties. There would be a
Right of Appeal to BHRC Stewards.
There will also have to be
changes made to the Rule Book and the suggestions are again attached.
From start to finish we have
worked on certain assumptions, a set of believes that have guided all our
decisions. These are:
1)
Proportionality
- The penalty
must fit the crime. EPO (A blood enhancing agent that can make a horse go
faster but can also cause a stroke and ruin the horses own ability to make red
blood cells) must be dealt with harder than a positive test for say Aspirin).
2)
Deterrent
- The drug
testing rules/penalties in place must be of sufficient strength to ensure that
there is no abuse of prohibited substances within Harness Racing in Britain.
The BHRC must also have powers in place to test out of competition horses who will ultimately race under our rules.
3)
Learn
from others -
The International Racing Community and the BHA are always willing to help us.
If we ignore what they do, if we try to “reinvent the wheel” we are not
subscribing to best practice. All bodies categorise
drugs and have differing penalty levels. They all distinguish the presence of a
performance enhancing agent from the residue of a therapeutic drug, properly
administered under Veterinary advice.
4)
Clarity
- There must be
clarity, and openness at all stages of the process, within the BHRC Rule Book,
the procedure of testing, reporting, setting up hearings, sanctions to be applied,
rights of appeal in place.
This subject will next be debated
at the BHRC Committee Meeting on Sunday 29th March 2009, in order
that the finished article can be formally printed in the April 2009 Calendar. I
hope that this report allows you to fully understand the matter and facilitates
the making of informed decisions not relying on hearsay. Please let us have
your views. It is the silent majority, not the vociferous minority who should
hold the day.
Kind regards
Yours sincerely,
Gordon
Garnett
BHRC Chairman
SECTION B –
DEFINITIONS
For the purpose of these Rules
the following definitions apply:
Suspension - means a term during which a person’s
licensed privileges are withdrawn and during which time that person is
prohibited from acting in the capacity from which he was suspended. Suspensions
may start from a time prescribed by Stewards when they think fit, in order to
achieve a suitable punishment for the offence committed.
PART EIGHT -
MEDICATION AND DRUG CONTROL
SECTION Y
Objective
Y1. With the
objective of protecting the integrity of harness horse racing, through
controlling the use of substances capable of giving a horse an advantage or of causing it to be disadvantaged in a
race, contrary to the horse's inherent merits the Stewards or the Track
Stewards are empowered to order a dope test on any
horse competing .
Sampling
Y2. To establish whether a prohibited substance
is present and /or to confirm the identity of a horse, samples may be taken at
any time from any horses at any location, that have run, or are scheduled to
run in any race under BHRC Rules, are in training, at rest, have paid a
Visitors Fee, and/or have been registered as a Standardbred
or Trotting horse by any accepted registering body. A sample in relation to a horse means a
quantity of any body fluid, tissue, excreta, hair or skin scrapings or of items
in contact with any part of the horse taken at the discretion of the person
conducting the examination and may involve the removal of implants.
The
following will be deemed to be infringement of these rules:
[a] Any refusal and/or lack of co-operation by a licence holder to facilitate the testing of a horse chosen
to be tested by BHRC Officials, at any time, at any location.
[b] Any removal or
attempt to remove a horse chosen by BHRC Officials to be tested, from the
secure chain of custody.
[c] If
a horse chosen to be tested by BHRC Officials is substituted by another horse.
[d] If a licence holder
does not attend a hearing under the provision of Section Y, and there are no
mitigating circumstances accepted as such by the BHRC, that licence
holder will become suspended until such a hearing is held.
[e] If a drug listed as Class 1 to 4 has not been
administered by a Vet and is not recorded as such in the horses passport
Y3. A sample collected under a secure chain of custody
shall be split into A sample and B samples. If the A sample is reported to contain
prohibited substance or substances, a further test on that sample
can be called for by the governing body producing a full spectrum analysis. The
B sample will be securely stored and be available for further tests and may be analysed for those substances at the trainer's or owner's request and expense. A request for
the B sample to be analysed must be made within
fourteen one days of the Governing Body sending notice of the report to the trainer or
owner. Such analyses may be at the same laboratory as the A sample or at any
other approved laboratory as requested by the parties.
Y4. In the event of the Governing Body finding a prohibited substance in a sample taken from a horse which is entered or has run
in a race within its jurisdiction but which is trained abroad, that Governing
Body where the horse is trained is to be informed, and shall provide assistance
when requested.
Sanctions
Y5. A horse shall be disqualified and suspended
whenever a sample taken, either after or before it has raced, contains a
prohibited substance. The trainer and/or owner of the horse if appropriate
shall be penalised following a hearing in accordance
with the rules and regulations of the Governing Body. The horse will remain
suspended until a negative test is achieved. Once a horse has been tested, any
prize money due will be held by the Promoter until the result of that test is
known.
Y6. Where a sample taken from a horse at any other time contains
a prohibited substance, the Governing Body may, according to their own rules, impose
sanctions on the horse, trainer, owner or other persons.
Y7. The costs incurred subsequent upon the finding of a
positive sample shall be born by the
Owner /
Trainer of the horse concerned unless the Stewards of
the BHRC should direct otherwise.
The trainer's responsibilities
Y8. The trainer shall always be responsible for:
[a] The feeding,
management, protection and security of the horses in his care taking all
reasonable precautions with the horses in his care to avoid their exposure to
prohibited substances contrary to the rules of the Governing Body.
[b]
Presentation of horses in his care, to BHRC Officials, if and when chosen to be
tested.
Race day regulations regarding medication
Y9. With the exception of veterinarians authorised by the Stewards or the Governing Body, no person shall bring into the
racecourse on a race day either a prohibited substance or any means of administering such a
substance.
Y10. After
a horse has raced and before it is discharged from any requirements for post
race sampling, no treatment with prohibited substances shall be allowed without
official permission.
Y11. All winnings of such
horse in a race in which an offence was detected under any section of this rule
shall be forfeited and paid over to the BHRC for re-distribution among the
remaining horses in the race entitled to same.
The Stewards shall notify the BHRC in writing of the redistribution of
winnings, giving the following information:
[a] The name and registration number of the horse charged with the positive
test.
[b] Names of horses and registration numbers of all horses affected by the
re-distribution of purse.
[c] The amount of money to be added or subtracted
from each horse's earnings.
Y12. The penalty for violation of any rules within
this section, unless otherwise provided shall be a fine and/or suspension and/or
loss of licenses and/or warning off. The sanctions shall commence following the
determination of a hearing/s by Officials of the BHRC and such hearing/s to be
initiated within 10 days of the owner and or trainer of the subject horse being
notified in writing by the BHRC Office of an infringement.
The
penalties applicable are set out in Appendix X Section Y.
Any
veterinarian practicing veterinary medicine on a race track where a race
meeting is in progress
using a needle or syringe shall use only one-time disposable type
needles or syringe and a disposable needle shall not be re-used.
Y13.
Prohibited substances:
means a substance
originating externally whether or not it is endogenous to the horse, which
falls in any of the categories contained in the List
of Prohibited Substances published from time to time in the Rule Book
and/or The Calendar. “Substance"
includes the metabolites of the substance and the isomers of the substance and
metabolites.
Prohibited
substances can include substances capable at any time of acting on one or more
of the following.
Substances acting on the nervous system
Substances
acting on the cardiovascular system
Substances acting on the respiratory system
Substances acting on the digestive system
Substances acting on the urinary system
Substances acting on the reproductive system
Substances acting on the musculo-skeletal
system
Substances acting on the blood system
Substances acting on the immune system other
than those in licensed vaccines
Substances
acting on the endocrine system; endocrine secretions and their synthetic counterparts
For the purposes of clarity these include:
Anti-pyretics.
analgesics and anti-inflammatory substances
Cytotoxic
substances
Anthistamines
Diuretics
Local anaesthetics
Muscle relaxants
Respiratory stimulants
Sex hormones, anabolic agents and
corticosteroids
Substances affecting blood coagulation
Masking
agents
Y14. A finding of a prohibited substance means a finding of the substance itself or a
metabolite of the substance or an isomer of the substance or an isomer of a
metabolite. The finding of any scientific indicator of administration or other
exposure to a prohibited substance is also equivalent to the finding of the
substance.
Thresholds:
Y15. Thresholds can only be adopted for
[a] Substances endogenous to the horse
[b] Substances arising from plants
traditionally grazed or harvested as equine feed
[c] The Governing Body shall determine such
thresholds from time to time
Y16. Substances below the following thresholds are
not actionable
Substance
name Threshold
Arsenic…………………………….…0.3 microgram total arsenic per millilitre in urine
Carbon
dioxide……………………….37 millimoles available carbon dioxide per litre
in plasma
Dimethyl sulfoxyde…………………15 micrograms dimethyl sulfoxyde per millilitre in urine
or 1 microgram dimethylsulfoxyde per millilitre in plasma
Hydrocortisone……………………….1
microgram hydrocortisone per millilitre in urine
Nandrolone …………………………free and
conjugated 5α - estrane - 3β, 17α - diol to free and conjugated 5 [10] - estrene
- 3β, 17α - diol in urine at a ratio of 1
Salicylic
acid…………………………750 micrograms salicylic acid per millilitre
in urine or 6,5
micrograms salicylic acid per millilitre in plasma
Testosterone………………………….0,02
microgram free and conjugated testosterone per millilitre
in urine from geldings or free and conjugated testosterone to free and
conjugated epitestosterone in urine from fillies and
mares at a ratio of 1B
Theobromine …………………………2 micrograms theobromine per millilitre in urine
Y17. For any finding of a prohibited substance of endogenous nature, the Governing Body may decide either itself or at the owner's or trainer's request to examine the horse further.
Y18. With the objective of preventing infringements, the Governing Body may at their discretion
·
Make available detection times
·
Give forewarning of new or modified tests
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