Effective Date of Rule: Thirty-one days after filing.

     Purpose: Amends how extracorporeal shock wave therapy is used and reported along with penalties for violations.

     Citation of Existing Rules Affected by this Order: Amending WAC 260-70-545 and 260-84-130.

     Statutory Authority for Adoption: RCW 67.16.020.

      Adopted under notice filed as WSR 12-24-024 on November 28, 2012.

     Changes Other than Editing from Proposed to Adopted Version: In WAC 260-70-545 (3), (4)(a), the word train was replaced by the term, workout.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 2, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: January 11, 2013.

Douglas L. Moore

Deputy Secretary

OTS-5176.3

AMENDATORY SECTION(Amending WSR 07-07-036, filed 3/12/07, effective 4/12/07)

WAC 260-70-545   Prohibited practices.   The following are prohibited practices:

     (1) The possession or use of any drug, substance, or medication if the use may endanger the health or welfare of the horse or endanger the safety of the rider, or which may adversely affect the integrity of racing; or

     (2) The possession or use of a drug or medication on the premises of a facility under the jurisdiction of the commission that has not been approved by the United States Food and Drug Administration (FDA) for any use in human or animal, or any substance forbidden by an official veterinarian.

     (3) The possession and/or use of blood doping agents((,)) including, but not limited to, those listed below, on the premises of a facility under the jurisdiction of the commission:

     (a) Erythropoietin;

     (b) ((Darbepoietin)) Darbepoetin;

     (c) Oxyglobin; and

     (d) Hemopure.

     (4) Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy unless the following conditions are met:

     (a) Any treated horse may not race or workout for a minimum of ten days following treatment;

     (b) Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy machines may only be used by veterinarians licensed by the commission and only approved machines at a previously disclosed location may be used;

     (c) The practicing veterinarian has filed a report with an official veterinarian notifying the commission that an Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy machine is on association grounds;

     (d) All Extracorporeal Shock Wave Therapy or Radial Pulse Wave Therapy treatments are reported to an official veterinarian on the prescribed form not later than twenty-four hours after treatment.

     The horse will be added to a list of ineligible horses. This list will be kept in the race office and be posted in an accessible location.

     (5) The use of a ((naso gastric)) nasogastric tube (a tube longer than six inches) for the administration of any substance within twenty-four hours prior to the post time of the race in which the horse is entered and without the prior approval of an official veterinarian.

[Statutory Authority: RCW 67.16.020 and 67.16.040. 07-07-036, § 260-70-545, filed 3/12/07, effective 4/12/07; 06-09-009, § 260-70-545, filed 4/10/06, effective 5/11/06; 05-07-067, § 260-70-545, filed 3/11/05, effective 4/11/05. Statutory Authority: RCW 67.16.020. 04-05-094, § 260-70-545, filed 2/18/04, effective 3/20/04.]

OTS-5177.1

AMENDATORY SECTION(Amending WSR 11-03-053, filed 1/14/11, effective 2/14/11)

WAC 260-84-130   Penalties for prohibited practices.   For a person or persons found to be responsible for violation of WAC 260-70-545, including the treating veterinarian, the following penalties will be assessed:

     (1) For violations of WAC 260-70-545, except WAC 260-70-545 (4)(b)((;)).

     (a) For first offense - Thirty day suspension and $1,000 fine;

     (b) For second offense - Sixty day suspension and $2,000 fine;

     (c) For third offense - One year suspension, $2,500 fine; and

     (d) For subsequent offense(s) - Revocation of license and a $2500 fine.

     (2) For violations of WAC 260-70-545 (4)(a), the person or persons found to be responsible for the violation, including the treating veterinarian a $2,500 fine and ((revocation of license)) a minimum of a one-year suspension.

[Statutory Authority: RCW 67.16.020. 11-03-053, § 260-84-130, filed 1/14/11, effective 2/14/11. Statutory Authority: RCW 67.16.020 and 67.16.040. 08-05-086, § 260-84-130, filed 2/15/08, effective 3/17/08; 05-07-064, § 260-84-130, filed 3/11/05, effective 4/11/05.]