Kentucky, New York Move Toward Tougher Restrictions On Clenbuterol

Trainers in several states could soon contend with tougher restrictions on the administration of clenbuterol, a bronchodilator prescribed for respiratory issues which veterinarians say can be misused. At a Dec. 1 meeting of the Kentucky Equine Drug Research Council (EDRC), committee members passed a proposed rule change for the drug which would move administration time from 14 days pre-race to 21 days pre-race, with a requirement the horse be tested for the substance before being cleared to run.

Clenbuterol is a beta-2 agonist which is known as an effective solution for horses battling respiratory ailments — a particularly common problem in racetrack barns which often have poor ventilation. Like other beta-2 agonists, however, it can also decrease body fat and increase muscle mass, particularly by converting slow twitch muscle to fast twitch muscle when used repeatedly.

At a September meeting of the EDRC, Kentucky Horse Racing Commission equine medical director Dr. Bruce Howard revealed that nearly 100 percent of Kentucky-based horses from trainers currently under federal indictment showed signs of clenbuterol administration when they were hair tested. Howard has also seen instances of veterinarians prescribing the drug to every horse in the barn.

The measure to move back the drug's administration time was not without debate. Dr. Andy Roberts, member of the EDRC and longtime Standardbred veterinarian, raised concerns about the harness population's ability to treat horses for illness under a 21-day withdrawal.

“I don't want to diminish the concerns about clenbuterol, because I think it's not illegitimate to want to control its administration to legitimate therapeutic purposes, however I think the Standardbreds are taking it quite strongly in the shorts in this because our horses race every week,” said Roberts. “There's almost no opportunity to put horses on clenbuterol already. Several other states already recognize this and have shorter withdrawals on clenbuterol.”

Roberts asked Howard whether out-of-competition testing at Red Mile had detected any clenbuterol use thus far, and Howard said it had not.

“That's because you've taken the drug out of my hands on a therapeutic basis,” said Roberts, who also maintained that the repartitioning effect of clenbuterol on muscle lasts for 11 days. “Passing rules based on speculation that somebody else is doing something — and I say this specifically from a Standardbred point of view because these horses are in to go often enough that you have already severely limited my ability to use this drug properly. People would rather leave horses sick and end up with pleural pneumonia than treat them with clenbuterol. That means we are over-regulating it.”

The 21-day window is based on the limit of detection by drug testing laboratories tasked with finding clenbuterol in a horse's urine sample. Blood and urine tests would be used to clear a horse to race after clenbuterol administration. Hair samples would show clenbuterol administration for up to six to twelve months after administration, but are highly variable depending on hair growth rates.

All EDRC committee members except Roberts voted for the increased restriction.

The vote comes a day after commissioners in New York expressed an interest in restricting clenbuterol use there, too. The Daily Racing Form reported the New York State Gaming Commission voted to require veterinarians to seek permission from the equine medical director before administering the drug, and that horses receiving clenbuterol must pass drug tests showing it has cleared the system before being permitted to run. That is similar to rule language being considered in other Mid-Atlantic states. In Canada, clenbuterol administration was pushed out to 28 days pre-race earlier this year. The American Quarter Horse Association announced a zero tolerance policy on clenbuterol in 2014, which has subsequently been picked up by several states where Quarter Horse racing is a central part of the calendar.

Experts have raised concerns about the potential for clenbuterol abuse for years, but the drug has made more headlines this year, as influential trainers like Mark Casse have called it one of the “most abused drug in our industry.”

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21-Day Vet’s List Stint Recommended for Clenbuterol in KY

The Kentucky Equine Drug Research Council (EDRC), which serves as an advisory board to the Kentucky Horse Racing Commission (KHRC), advanced a Dec. 1 recommendation to that full board that would require any horse who receives clenbuterol to be restricted via the veterinarian’s list for 21 days and then test clear of that substance prior to being removed from the list and allowed to compete.

Kentucky’s current clenbuterol regulation requires a prescription that must be filed with the KHRC within 24 hours of dispensing the drug and a withdrawal time of 14 days, according to Bruce Howard, DVM, who serves as the equine medical director for the KHRC.

Howard explained prior to the vote that the switch would align Kentucky with a clenbuterol model rule enacted by the Racing Medication and Testing Consortium on Aug. 24.

Within the past year, a number of racing jurisdictions have tightened clenbuterol restrictions based on evidence showing the medication has been widely abused for its repartitioning effect that promotes lean muscle mass. Originally, clenbuterol was developed and is still prescribed as a potent bronchodilator that effectively treats respiratory issues.

On Jan. 1, the California Horse Racing Board enacted a clenbuterol rule that requires a prescription for appropriate usage plus a stint on the vet’s list until the drug clears. On May 1, the Canadian Pari-Mutuel Agency started banning clenbuterol 28 days out from race day at tracks country-wide. On Oct. 22, the Maryland Racing Commission advanced a rule proposal similar to California’s, and the New York State Gaming Commission did the same Nov. 30.

In addition, more restrictive “house rules” will be in effect at Gulfstream Park and Oaklawn Park during their race meets, and racing commissions in Pennsylvania, Delaware, New Jersey and Virginia are also expected to clamp down on clenbuterol abuse by changing or writing new regulations.

“The KHRC office has received concerns and comments from numerous trainers and owners who feel that clenbuterol is being misused,” Howard said. “They’re concerned that clenbuterol is being used for the anabolic-type [steroid] effect rather than the therapeutic effect prescribed. There have been instances where veterinary records show clenbuterol is being dispensed to numerous horses in a barn, and in some cases the entire stable.

“The KHRC staff would propose that horses being prescribed clenbuterol for medically therapeutic purposes be placed on the veterinarian’s list for 21 days, with blood and urine testing negative for clenbuterol required for being removed from the veterinarian’s list,” Howard continued.

The clenbuterol proposal was the only item on Tuesday’s EDRC agenda, and it drew little discussion among board members, who had already broached the subject during a September meeting.

However, Andy Roberts, DVM, who represents Standardbred interests on the EDRC, again voiced concerns he raised in September about the need to treat harness horses differently than Thoroughbreds when it comes to clenbuterol because of how frequently Standardbreds race.

“I don’t want to diminish the concerns about clenbuterol because I think that it’s not illegitimate to want to control its administration to legitimate therapeutic purposes,” Roberts said. “However, I think the Standardbreds are taking it really quite strongly in the shorts on this one, because our horses race almost every week. There’s almost no opportunity to put the horses on clenbuterol already.”

Roberts noted that several states have shorter withdrawal times for Standardbreds on clenbuterol, and he said that Kentucky’s current 14-day standard backed by out-of-competition (OOC) testing protocols should be enough to catch abusers. He added that recent OOC testing at The Red Mile did not result in any clenbuterol positives

“That’s because you’ve taken the drug out of my hands on a therapeutic basis,” Roberts added.

Howard disagreed that tightening clenbuterol further would be harmful to Standardbreds.

“If a horse is severely ill enough that you feel you need to prescribe this drug, we’re trying not to take this out of your hands for therapeutic purposes,” Howard said. “I think this is a compromise to try and get away from the anabolic effect but still leave it in the hands of the private veterinarians…. I think it’s the perception of this anabolic-type effect or repartitioning effect that is what’s got everyone up in arms. When trainers are looking for that type of effect, that’s where the misuse or abuse of this drug takes place.”

Roberts countered: “First of all, it’s not an anabolic effect. It’s a repartitioning effect. And I know that’s splitting hairs, but it is not the same. Second, that repartitioning effect [has been shown in published studies] to last 11 days. So [the repartitioning effect] is gone before the drug is gone.”

Roberts warned fellow EDRC members about the danger of recommending rules based largely upon speculation that wrongdoing is occurring, adding that he already believes Standardbred trainers are withholding legitimate clenbuterol administration out of fears of triggering a positive.

“People would rather leave horses sick and end up with pleuropneumonia than treat them with clenbuterol. That means we are over-regulating,” Roberts said.

The board briefly debated a suggestion to have different rules for each breed, but KHRC executive director Marc Guilfoil said that was not how the KHRC operates on issues like this one.

“No, this is an all-encompassing rule in Kentucky. One racing commission, [all] breeds. It would encompass the Standardbred horses the same as it would Thoroughbreds,” Guilfoil said.

The EDRC passed the measure by voice vote, with Roberts the lone dissenter.

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Quarter Horse Connections Hit With Lengthy Suspensions For Clenbuterol And Albuterol

The New Mexico Racing Commission has doled out several lengthy suspension sentences related to post-race findings of clenbuterol and albuterol in the state this year.

Earlier this month, trainer Humberto Tena was given a 1 1/2-year suspension and a $15,000 fine after runner True Romance tested positive for clenbuterol after finishing third in the Zia Quarter Horse Futurity Trials on July 10. The suspension is retroactive from July 24 and will continue through Jan. 24, 2022. Tena was assigned six points on his license under the multiple medication violation point system and has also been fined $15,000. True Romance is raced under the stable name 21 Partnership, identified as Anwar Elias in the Nov. 12 ruling.

In October, trainer Robert Duane Sanderson was also suspended 18 months for a finding of albuterol in trainee Mr. Desert Wrangler after the fourth race at The Downs at Albuquerque on Aug. 23. Sanderson's suspension is retroactive from his summary suspension Sept. 3, 2020 and is set to continue through March 3, 2022. Sanderson was also fined $15,000 and given six MMV points on his license. Mr. Desert Wrangler is owned by Ramon Trejo, who failed to appear before the commission on the matter.

New Mexico stewards said last week they had not received notices of appeal from either Sanderson or Tena.

Earlier this year, a clenbuterol finding in Gabbis Mountain triggered a year-long suspension and a $10,000 fine for trainer Janell Sanderson. This is the first year of training for Sanderson, who saddled 25 horses and six winners in 2020. Gabbis Mountain had formerly been one of them for owner Jorge L Fernandez, having won the fifth race on June 5 at Ruidoso by disqualification. Janell Sanderson was also summarily suspended June 12 after the commission alleged she failed to comply with an order for out-of-competition testing for ten horses in her care.

All horses have been disqualified from the affected races and declared unplaced, and purses redistributed.

New Mexico has zero tolerance for clenbuterol and albuterol in both Quarter Horses and Thoroughbreds.

Clenbuterol can be prescribed legitimately as a therapeutic medication to treat respiratory illness in horses, but can also be abused for its anabolic-like side effects if given repeatedly over time. Albuterol, well known for its therapeutic use for human breathing conditions, was rumored to have become the choice of trainers looking for the same impacts of clenbuterol after that drug was banned in the state.

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New York Advances Clenbuterol Restrictions

The New York clenbuterol clampdown that was foreshadowed earlier this month by New York State Gaming Commission (NYSGC) equine medical director Scott Palmer, VMD, has been codified into a series of proposed rule amendments that advanced Nov. 30 by a unanimous 5-0 commission vote.

The new clenbuterol regulations follow a model rule of the Racing Medication and Testing Consortium (RMTC) that was approved last August. After publication in the New York State Register and a public commentary period, the commission will have to vote again to formally adopt the changes.

According to a brief written by NYSGC general counsel Edmund Burns that was included in the informational packet for Monday’s meeting, “The proposed rule amendments would require the attending veterinarian to receive written approval of the Commission’s Equine Medical Director of a clenbuterol treatment plan for an identified horse prior to the start of such treatment.

“The proposal would also require horses treated with clenbuterol to be placed on the veterinarian’s list and not be removed until a workout for a regulatory veterinarian is performed and the horse is found to be negative for clenbuterol in blood and urine…

“In addition, horses on the veterinarian’s list for clenbuterol use would be required to submit to periodic tests while on such list to ensure that no more clenbuterol is administered to the horse than necessary to complete the pre-approved treatment regimen and to ensure that muscle-building and fat-reducing effects have dissipated before the horse is removed from the veterinarian’s list.”

Over the course of about two decades, clenbuterol in Thoroughbred racing has devolved from being a legit drug administered to effectively treat airway diseases to a substance of performance-enhancing abuse that is now more often intentionally given to bulk up horses, allowing them to gain a pharmaceutical edge that makes the animals stronger and faster.

Speaking during a Nov. 11 video press conference hosted by stakeholders and regulators who make up an alliance of Mid-Atlantic racing interests, Palmer described the abuse of clenbuterol in this manner as “basically an end-run around on our anabolic steroid ban.”

Beyond the NYSGC, the Maryland Racing Commission, Gulfstream Park, and Oaklawn Park are among the jurisdictions and racetracks that have recently or are in the process of tightening clenbuterol rules to some degree. On May 1, the Canadian Pari-Mutuel Agency started banning clenbuterol 28 days out from race day at tracks country-wide. Back on Jan. 1, the California Horse Racing Board enacted clenbuterol rules that are similar to New York’s proposal.

Additionally, NYSGC executive director Robert Williams told commissioners Monday that “Pennsylvania has indicated that it will soon commence regulatory change, and it is expected that Delaware, New Jersey and Virginia will also consider the rule proposal.” West Virginia, he said, needs to change its clenbuterol rules via the state legislature.

Also on Monday, the commission unanimously adopted 13 new rules during the monthly meeting, with six pertaining specifically to Thoroughbred racing. They were:

A rule to restrict the administration to Thoroughbred horses of nonsteroidal anti-inflammatory drugs (NSAIDs) “such that only one clinical dose may be administered during the week before the horse races. The proposal would limit the administration to the intravenous route, and adopt stricter thresholds for the two most commonly used NSAIDs, flunixin and phenylbutazone, as has been recommended by the RMTC and adopted as a model rule by the Association of Racing Commissioners International (ARCI). The proposal also reduces the list of NSAIDs that could be administered lawfully within one week before the horse races to only three by eliminating the NSAIDs that are not widely used and for which the appropriate lab threshold is unclear.”

A rule requiring trainers to maintain a record of serious bleeding episodes, kept for up to four years, unless given to a subsequent trainer or owner or reported to the NYSGC. The commission will establish a reporting system to collect such information, and a trainer will be permitted to delegate this duty to the treating veterinarian.

A rule to allow a horse eligible for furosemide administrations to be removed from the furosemide list for the limited purpose of running in a race whose conditions forbid the administration of furosemide.

A rule requiring Thoroughbred trainers “to keep a record of equine drug administrations not recorded in veterinary records, including the drug, dose, and date and time of administration.” This requirement will create a record of drugs that are administered after having been dispensed by veterinarians, and will make such records available for inspection for a period of six months.

A rule to revise the Thoroughbred out-of-competition (OOC) sample collection rule, “intended to conform our existing rule to [the ARCI] model rule [that] has received widespread industry support. The new rule will authorize “an effective collection program that protects the constitutional rights of horse owners and trainers when a regulatory jurisdiction seeks to collect” OOC samples.

A rule to “strengthen the health and fitness protections and upgrade the licensing requirements for jockeys, apprentice jockeys, exercise riders and outriders who ride a Thoroughbred horse,” which also mandates a baseline concussion assessment for all licensees who horseback.

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