New NYSGC Clenbuterol Rules Go Into Effect June 2

The New York State Gaming Commission voted Monday to amend its rules for the use of clenbuterol in New York State to follow the model proposed by the Racing Medication and Testing Consortium (RMTC) and these rules will go into effect state-wide, including at all three New York Racing Association tracks as of June 2, NYRA announced Wednesday.

The full text of the rules for the NYSGC's amendment for the use of clenbuterol in Thoroughbred racing [Rule 4043.12(b)(6)], which includes a requirement for approval from the Commission for any clenbuterol treatment, can be found at https://www.gaming.ny.gov/proposedrules.php.

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New York: Newly-Amended Clenbuterol Rule Goes Into Effect June 2

The New York State Gaming Commission (NYSGC) voted Monday to amend its rules for the use of clenbuterol in New York State to follow the model proposed by the Racing Medication and Testing Consortium (RMTC). These rules will go into effect state-wide, including at all three New York Racing Association, Inc. (NYRA) tracks – Belmont Park, Saratoga Race Course and Aqueduct Racetrack – as of June 2.

The full text of the rules for the NYSGC's amendment for the use of clenbuterol in thoroughbred racing [Rule 4043.12(b)(6)] can be found at https://www.gaming.ny.gov/proposedrules.php.

As a reminder, as of January 1, the use of Furosemide (Lasix) is prohibited within 48 hours of all stakes races conducted at NYRA tracks, including the Belmont Stakes.

In April of 2019, NYRA led the formation of a coalition of leading racing organizations founded to address race day medication in a uniform and consistent way throughout the sport. The initiative commenced on January 1, 2020, with NYRA prohibiting Lasix in all 2-year-old races at the three NYRA tracks.

Live racing at the 48-day Belmont Park spring/summer meet continues Thursday with a nine-race card. First post is 3:05 p.m. Eastern.

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NY Aligns Clenbuterol Policy With RMTC’s

The New York State Gaming Commission (NYSGC) uninimoulsy voted to adopt two Thoroughbred-related medication rule changes at its May 17 meeting, although the exact timetable for implementation was not discussed.

Pending official adoption of the new rule, clenbuterol use in Thoroughbred racing will be regulated so it follows the model rule proposal of the Racing Medication and Testing Consortium (RMTC).

“Clenbuterol, a drug that is ordinarily used in horses as a bronchodilator to treat horses with lower airway disease, also causes a horse's body to build more muscle and reduce its fat content and has the potential to enhance performance,” NYSGC general counsel Edmund Burns wrote in a brief included in the informational packet for Monday's meeting.

Burns wrote that the newly amended NYSGC rules “would require the attending veterinarian to receive written approval [from] the Commission of a clenbuterol treatment plan for an identified horse prior to the start of such treatment. The proposal would also require that all clenbuterol administrations be reported to the Commission at the time of administration.

“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,” Burns wrote.

A second rule conforms the NYSGC rules on thresholds for controlled therapeutic medications to national model rules of the Association of Racing Commissioners International, Inc. (ARCI).

“ARCI modified the model rule thresholds for three drugs (detomidine, omeprazole and xylazine) based on developing research,” Burns wrote. “ARCI also added to the list of thresholds amounts for another four routine therapeutic medications, three of which are antihistamines (cetirizine, cimetidine and ranitidine) and one of which is a muscle relaxant used in anesthetic protocols (guaifensin). The thresholds are consistent with New York's existing restricted time periods. Trainers who comply with such restricted time periods will be assured of not violating such thresholds.”

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Three-Year License Revocation, $50K Fine For Rice’s ‘Improper and Corrupt Conduct’

Linda Rice had her training license immediately revoked for a period of “no less than three years” and was fined $50,000 May 17 when New York State Gaming Commission (NYSGC) members voted 5-0 to agree with a hearing officer that Rice's years-long pattern of seeking and obtaining confidential pre-entry information from New York Racing Association (NYRA) racing office workers was “intentional, serious and extensive, and that her actions constituted improper and corrupt conduct…inconsistent with and detrimental to the best interests of horse racing.”

Rice had testified during eight days of NYSGC hearings late in 2020 that she had handed over cash gifts amounting to thousands of dollars at a time to NYRA racing office employees between 2011 and 2015.

But the veteran conditioner, who has been training since 1987 and owns seven NYRA training titles, also testified that she did not expect any special favors in return for that money, and that any entry-related information she did receive from NYRA employees was a type of disclosure that was routinely divulged to other trainers.

In most racing jurisdictions, telling trainers which other horses have been entered or are considering a particular race is a clear rules violation, because it affords a trainer an advantage over others who enter horses without knowledge of the caliber of competition.

But in practice, one could make the case that some form of tipping-off to trainers exists to various degrees in racing offices all across America, particularly in the current era of races routinely needing to be “hustled” to fill because of a thin nationwide horse population.

Within that realm of rules-bending there are numerous gray-area distinctions, ranging from the relatively innocuous encouragement of trainers to enter into what is considered an easy spot all the way up to trainers proactively and sometimes predatorially seeking a steady stream of inside info and paying handsomely to receive it.

TDN left email and phone messages for Rice and her attorney Monday seeking comment and to find out if a court appeal is in the works. Neither replied prior to deadline for this story.

The specific accusations against Rice stemmed from a separate NYRA investigation that had been launched in 2014 when it was revealed that several NYRA racing office employees with access to The Jockey Club's InCompass entry management software had been improperly sharing login access to the system with horsemen and jockey agents. One employee was eventually fired after the scheme was uncovered and another had his license suspended for other racing-office infractions.

In early 2018, Daily Racing Form first reported that Rice allegedly made payments to NYRA officials in order to obtain knowledge–and sometimes the past performances–of rival horses likely to be entered against her trainees.

It was then nearly two years later, in November 2019, that Rice was first summoned to a NYSGC hearing on the matter to determine whether she received “regular, continual and improper access to the confidential names and other information concerning the other horses entered in races…before the entries closed and you decided to enter the horses you were training in such races or not.”

The start of that hearing was delayed during the early stages of the pandemic, so it took another full year before Rice's case finally commenced in November 2020. The proceedings stretched out over eight calendar days and included 60 evidence exhibits and testimony from 16 witnesses.

As is routine during NYSGC hearing adjudications announced at public meetings, the merits of the case were not debated Monday among commissioners, who had previously voted on the outcome after receiving the hearing officer's final report dated Apr. 13. The results of the vote were merely read into the record.

NYSGC chairman Barry Sample did underscore when reading the results of the vote to suspend and fine Rice that commission members “concurred with the penalty recommended by hearing officer [Clark Petschek] but modified the report to specifically reflect that the hearing officer found multiple violations,” which was a factor in the board fining Rice above the $25,000 per-violation penalty that is recommended in the state's racing rules.

A TDN request to the NYSGC to obtain a copy of the hearing officer's full report did not yield a response prior to deadline for this story.

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