Request To Modify "Medication" Rules

On April 27, 2012, the following was sent to Indiana Horse Racing Commission (IHRC) Executive Director Joe Gorajec with a carbon copy to Assistant Executive Director Deana Pitman, and General Counsel Lea Ellingwood. The purpose of the communication was point out a conflict with newly created administrative rules regarding the use of DMSO and the IHRC's 'Medication' administrative rules.

"Executive Director Gorajec,

Pursuant to 71 IAC 2-12-1 Procedures, Indiana Breeder & Owner Protection, Inc. (IBOP) is requesting that the Indiana Horse Racing Commission (IHRC) consider an amendment to 71 IAC 8.5-1-1(e) and 71 IAC 8-1-1(e). IBOP would appreciate this request be considered as an agenda item at the next regularly scheduled IHRC meeting. Please consider this correspondence as our petition for the IHRC to amend 71 IAC 8.5-1-1(e) and 71 IAC 8-1-1(e) to conform with the intent of 71 IAC 8.5-1-4.2 Threshold levels and 71 IAC 8-1-4.2 Threshold levels. Clearly, the intent of the IHRC as expressed at their January 24, 2012, meeting was to create a specific gravity (threshold) for the topical use of DMSO via 71 IAC 8.5-1.4.2 and 71 IAC 8-1-4.2. While that intent was not established within either rule submitted to the Indiana Register on January 25, 2012, (the rules submitted at that time were regarding only clenbuterol thresholds submitted under LSA Document #12-056E), the intent was observed in an unusual, subsequent submission to the Indiana Register on February 8, 2012 under LSA Document #12-072E.

Both threshold rules, 71 IAC 8.5-1-4.2 and 71 IAC 8-1-4.2, refer to administrative rules, 71 IAC 8.5-1-1 and 71 IAC 8-1-1 respectively. Both 71 IAC 8.5-1-1(e) and 71 IAC 8-1-1(e) indicate that DMSO is a foreign substance and "prohibited" which is in conflict with any approval of a specific gravity. Essentially, the 71 IAC 8.5-1-1(e) is in conflict with the intent of 71 8.5-1-4.2 and 71 IAC 8-1-1(e) is in conflict with the intent of 71 IAC 8-1-4.2. One rule says DMSO can be used with a threshold, the other rule prohibits its use. Amending 71 IAC 8.5-1-1(e) and 71 IAC 8-1-1(e) by eliminating the term DMSO seems appropriate to avoid any confusion and establish the clear intent of the IHRC. The versions that affect the flat racing breeds are copied below for reference with emphasis added to the conflicting portions of the rules.

Thank you for your consideration,


Jim Hartman
IBOP Vice President

71 IAC 8.5-1-4.2 Threshold levels
Authority: IC 4-31-3-9
Affected: IC 4-31-12

Sec. 4.2. The official blood (serum or plasma) sample may contain the following drug substances, their metabolites or analogs, and shall not exceed the threshold concentrations specified in this rule:
(1) The use of clenbuterol shall be permitted under the following conditions:
(A) Not to exceed the following permitted serum or plasma threshold concentrations of clenbuterol (or its metabolites):
Thoroughbred – twenty-five (25) picograms per milliliter.
(B) Not to exceed the following permitted serum or plasma threshold concentrations of clenbuterol (or its metabolites):
Quarter horse – two (2) picograms per milliliter.
(2) The use of firocoxib shall be permitted under the following conditions: Not to exceed forty (40) nanograms per milliliter of firocoxib (or its metabolites) in serum or plasma.
(3) The use of dimethylsulfoxide (DMSO) shall be permitted under the following conditions: Not to exceed ten (10) micrograms per milliliter of DMSO (or its metabolites) in serum or plasma which allows for topical administration of DMSO in accordance with 71 IAC 8.5-1-1 [section 1 of this rule].
(Indiana Horse Racing Commission; 71 IAC 8.5-1-4.2; emergency rule filed Jan 25, 2012, 12:20 p.m.: 20120201-IR-071120056ERA; emergency rule filed Feb 8, 2012, 12:01 p.m.: 20120215-IR-071120072ERA)

71 IAC 8.5-1-1 Medication
Authority: IC 4-31-3-9
Affected: IC 4-31-12

Sec. 1. (a) No horse participating in a race or entered in a race shall carry in its body any foreign substance as defined in 71 IAC 1.5, except as provided for in this rule.
(b) No substance, foreign or otherwise, shall be administered to a horse entered to race by:
(1) injection;
(2) jugging;
(3) oral administration;
(4) tube;
(5) rectal infusion or suppository;
(6) inhalation; or
(7) any other means; within twenty-four (24) hours prior to the scheduled post time for the first race except furosemide as provided for in this rule. The prohibitions in this section include, but are not limited to, injection or jugging of vitamins, electrolyte solutions, and amino acid solutions. The prohibition also includes, but is not limited to, the administration of breathing compounds for oral and nasal dosing, such as Traileze, Vapol, Vicks vapor-rub, wind-aid, exhale ease, or containing methylsalicylate, camphor, or potassium iodide.
(c) Substances or metabolites thereof which are contained in equine feed or feed supplements that do not containpharmacodynami c or chemotherapeutic agents are not considered foreign substances if consumed in the course of normal dietary intake (eating and drinking).
(d) The prohibition in subsection (b) notwithstanding, the use of nebulizers are permitted on an entered horse within twenty-four (24) hours of the scheduled post time for the horse's race until the horse's arrival in the paddock provided their use is restricted to water and saline solutions only.
(e) Topical dressings such as leg paints, liniments, ointments, salves, hoof dressings, and antiseptics, which do not contain anesthetics or a pharmacodynamic or a chemotherapeutic agent, may be administered at any time prior to a horse's arrival in the paddock. Products containing "caine" derivatives or dimethylsulfoxide (DMSO) are foreign substances and are prohibited.
(Indiana Horse Racing Commission; 71 IAC 8.5-1-1; emergency rule filed Jun 15, 1995, 5:00 p.m.: 18 IR 2880, eff Jul 1, 1995; emergency rule filed Aug 9, 1995, 10:30 a.m.: 18 IR 3413; errata filed Mar 5, 1998, 1:46 p.m.: 21 IR 2392; emergency rule filed Feb 13, 1998 10:00 a.m.: 21 IR 2419; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; emergency rule filed Feb 21, 2003, 4:15 p.m.: 26 IR 2385; emergency rule filed Mar 10, 2006, 11:00 a.m.: 29 IR 2223; errata filed Apr 10, 2006, 2:00 p.m.: 29 IR 2546; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA)"