The Kentucky Equestrian Commission made extensive changes on April 26 to ensure timely processing of split sample testing, greater transparency in conducting subsequent hearings, and greater regulatory clarity. be more open in their communications regarding alleged drug violations.
During the committee’s regular meeting, two regulatory amendments were adopted by the KHRC Rules Committee on April 19 and by chief administrator Barbara Borden unanimously approved.
One amendment required that the owner or trainer request split sample testing to select an approved laboratory within five days of being notified of the alleged violation. The sample must also be sent to the laboratory within seven days of the race participant’s selection. The specific time period in the revision replaces broader language in the regulations, such as “as soon as possible” or “as quickly as possible.”
Under the second amendment, KHRC or its executive officer would be permitted to publicly disclose information about an alleged violation if such information did not unduly influence the investigation, after the participant racers have been notified and after receiving the test results. Other situations where the commission or executive director may authorize disclosure include when a relevant race participant has made public information about the violation and/or all test results have been obtained. received from the laboratory. What is revealed may include the names of the racers and horses involved in the alleged violation and the quantities and types of drugs identified. A hearing before the administrators or judges must also now be conducted no later than 60 days after the required notice, although officials have the discretion to extend this time period due to circumstances. . The committee is authorized to disclose the dates of upcoming hearings, which the public is allowed to attend.
“This is a great first step in revising some of these rules and allowing the committee to be more transparent to the public,” said KHRC Chairman Jonathan Rabinowitz.
These rule changes were made in response to criticism the KHRC has faced in a protracted legal and regulatory battle over Medina Spirit Test results positive for corticosteroid betamethasone after the 2021 Kentucky Derby presented by Woodford Reserve (G1). The foal was disqualified and suspended for 90 days and fined $7,500 against trainer Bob Baffert coming almost nine months after participating in the Derby. KHRC has provided several public statements outside of court during that time, citing its regulations.
Baffert, not KHRC, was the first to announce that Medina Spirit had tested positive in the Derby, eight days after the race.
In other KHRC business on April 26, Kentucky Downs was approved to provide between $7.9 million and $8.5 million in the Kentucky Thoroughbred Development Fund wallet and up to $300,000 in advertising to support Purebred racing in the state. Tracking has also been approved to transfer $1 million in KTDF funds to Ellis . Park to support its 23-day summer meeting. As the first track to feature historic horse racing games, the Kentucky Downs distributed some of its game revenue to other racetracks to support the Kentucky track. In a letter to the KTDF Committee, the Kentucky Downs said it has contributed more than $20 million to Ellis Park.
