Home » 2013 Issues » November 27, 2013 » RWB-08-13-00003-A Substitution of Plasma for Urine as the Medium for Anabolic Steroid Testing
RWB-08-13-00003-A Substitution of Plasma for Urine as the Medium for Anabolic Steroid Testing
11/27/13 N.Y. St. Reg. RWB-08-13-00003-A
NEW YORK STATE REGISTER
VOLUME XXXV, ISSUE 48
November 27, 2013
RULE MAKING ACTIVITIES
NEW YORK STATE GAMING COMMISSION
NOTICE OF ADOPTION
I.D No. RWB-08-13-00003-A
Filing No. 1106
Filing Date. Nov. 08, 2013
Effective Date. Nov. 27, 2013
Substitution of Plasma for Urine as the Medium for Anabolic Steroid Testing
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 4043.15, 4120.12, 4120.2(e)(9) and (i) of Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutuel Wagering and Breeding Law, sections 103(2), 104(1), (19) and 122
Subject:
Substitution of plasma for urine as the medium for anabolic steroid testing.
Purpose:
To enhance the integrity and safety of thoroughbred horse racing.
Text of final rule:
Section 4043.15 of 9 NYCRR is amended to read as follows:
4043.15 Anabolic steroids
(a) [The use of one of four approved a]Anabolic steroids shall [be permitted] not be administered except that the following substances may be administered during permitted time frames and at concentrations that on race day are less than these thresholds [under the following conditions]:
(1) [Not to exceed the following permitted urine or plasma threshold concentrations:
(i) 16 B-hydroxystanozolol (metabolite of stanozolol [Winstrol]) - 1 ng/ml in urine;
(ii)] Boldenone [(Equipoise) in male horses other than geldings,]: All horses may have less than 100 pg/ml (including free boldenone and boldenone liberated from its conjugates) [15 ng/ml in urine] in plasma;
(2) [(iii)] Nandrolone: [–]
(i) Female horses and geldings may have less than 100 pg/ml in plasma; and
(ii) Intact male horses may have less than [1 ng/ml in urine] 500 pg/ml in plasma.
(3) Stanozolol (Winstrol): All horses may have less than 100 pg/ml in plasma.
(4) [(iv)] Testosterone:
[(a) In geldings - 20 ng/ml in urine; and
(b) In fillies and mares - 55 ng/ml in urine.]
(i) Female horses and geldings may have less than 100 pg/ml in plasma; and
(ii) Intact male horses may have less than 2,000 pg/ml in plasma.
(5) In addition, no anabolic steroid shall be administered by injection into a joint at any time.
[(2)] (b) Any other anabolic steroids are prohibited to be administered.
[(3) The presence of more than one of the above four approved anabolic steroids above the approved thresholds is not permitted.
(4)] (c) Post-race [urine or] plasma samples collected from intact males must be identified to the laboratory.
[(5)] (d) Any horse to which a[n] permissible anabolic steroid has been administered in order to assist in the recovery from an illness or injury may be placed on the veterinarian's list in order to monitor the concentration of the drug[ in urine]. Once the concentration is below the designated plasma threshold the horse is eligible to be removed from the list.
[(b)] (e) A violation of this section shall be considered a positive test within the meaning of this Part.
Section 4120.12 of 9 NYCRR is amended to read as follows:
4120.12 Anabolic steroids
(a) [The use of one of four approved a]Anabolic steroids shall [be permitted] not be administered except that the following substances may be administered during permitted time frames and at concentrations that on race day are less than these thresholds [under the following conditions]:
(1) [Not to exceed the following permitted urine or plasma threshold concentrations:
(i) 16 B-hydroxystanozolol (metabolite of stanozolol [Winstrol]) - 1 ng/ml in urine;
(ii)] Boldenone [(Equipoise) in male horses other than geldings,]: All horses may have less than 100 pg/ml (including free boldenone and boldenone liberated from its conjugates) [15 ng/ml in urine] in plasma;
(2) [(iii)] Nandrolone: [–]
(i) Female horses and geldings may have less than 100 pg/ml in plasma; and
(ii) Intact male horses may have less than [1 ng/ml in urine] 500 pg/ml in plasma.
(3) Stanozolol (Winstrol): All horses may have less than 100 pg/ml in plasma.
(4) [(iv)] Testosterone:
[(a) In geldings - 20 ng/ml in urine; and
(b) In fillies and mares - 55 ng/ml in urine.]
(i) Female horses and geldings may have less than 100 pg/ml in plasma; and
(ii) Intact male horses may have less than 2,000 pg/ml in plasma.
(5) In addition, no anabolic steroid shall be administered by injection into a joint at any time.
[(2)] (b) Any other anabolic steroids are prohibited to be administered.
[(3) The presence of more than one of the above four approved anabolic steroids above the approved thresholds is not permitted.
(4)] (c) Post-race [urine or] plasma samples collected from intact males must be identified to the laboratory.
[(5)] (d) Any horse to which a[n] permissible anabolic steroid has been administered in order to assist in the recovery from an illness or injury may be placed on the veterinarian's list in order to monitor the concentration of the drug[ in urine]. Once the concentration is below the designated plasma threshold the horse is eligible to be removed from the list.
[(b)] (e) A violation of this section shall be considered a positive test within the meaning of this Part.
Paragraph 9 of Subdivision (e) of Section 4120.2 of 9 NYCRR is amended to read as follows:
(e) The following substances are permitted to be administered by any means until 48 hours before the scheduled post time of the race in which the horse is to compete:
(9) hormones and non-anabolic steroids, [(]e.g., [testosterone,] progesterone, estrogens, chorionic gonadotropin, glucocorticoids (e.g., Prednisolone, Depomedrol), [and anabolic steroids (e.g. Equipoise),] except in [conjunction with] joint [aspiration] injections as restricted in subdivision (i) of this section[; the use of anabolic steroids is governed by Rule 4120.12];
Subdivision (i) of Section 4120.2 of 9 NYCRR is amended to read as follows:
(i) In addition, a horse that has had a joint injected [aspirated (in conjunction] with a steroid [injection)] may not race for at least five days following such procedure, and whenever such procedure is performed, the trainer shall notify the stewards of such fact, in writing, before the horse is entered to race.
Final rule as compared with last published rule:
Nonsubstantive changes were made in sections 4043.15(a)(1) and 4120.12(a)(1).
Revised rule making(s) were previously published in the State Register on
August 28, 2013.
Text of rule and any required statements and analyses may be obtained from:
Kristen M. Buckley, New York State Gaming Commission, One Broadway Center, Schenectady, NY 12305, (518) 395-5400, email: info@gaming.ny.gov
Revised Regulatory Impact Statement
No revision of the Regulatory Impact Statement that was published in the August 28, 2013 State Registry is necessary. The only change made to the proposed text of this rule was not a substantive change. The proposed rule included a parenthetical reference to the trade name of an anabolic steroid that was identified by its scientific name, Boldenone (Equipoise). Boldenone is no longer sold under the trade name Equipoise. The Commission decided to omit the parenthetical reference to an obsolete trade name from the adopted rule. No other charges were made to the proposed text.
Revised Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
No revision of the Consolidated Statement that was published in the August 28, 2013 State Registry is necessary. The only change made to the proposed text of this rule was not a substantive change. The proposed rule included a parenthetical reference to the trade name of an anabolic steroid that was identified by its scientific name, Boldenone (Equipoise). Boldenone is no longer sold under the trade name Equipoise. The Commission decided to omit the parenthetical reference to an obsolete trade name from the adopted rule. No other charges were made to the proposed text.
Initial Review of Rule
As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2018, which is no later than the 5th year after the year in which this rule is being adopted.
Assessment of Public Comment
Three public comments were received in response to the publication of the proposed rule-making in the August 28, 2013 State Register. A racetrack official wrote in support and a representative of a thoroughbred horseperson’s organization sought, and received, an assurance that the urine thresholds would be discontinued.
The third public comment made several suggestions for the proposed rule and resulted in the Commission omitting the trade name (Equipoise) of a discontinued product from the rule. The author suggested not making mention in the rule of the permitted time frames within which the four specified anabolic steroids may be administered. The Commission rejected this approach because the rule has an express provision for the return to racing of a horse that has been treated with the four specified anabolic steroids, and because there is an independent Commission rule that restricts the time of administration of anabolic steroids before a horse’s next race. Another suggestion was to adopt a zero threshold for stanozolol, a long-lasting steroid that can be detected for months after a lawful administration. The Commission rejected taking such action on its own, without a multi-state phase out period, in order to continue permitting horses lawfully treated out-of-state to participate in New York racing. A request was made for research data regarding the nandralone threshold for an intact male horse, but the Commission has relied on research that was conducted elsewhere. Finally, the Commission did not agree to adopt, by rule, different thresholds for screening and confirming the presence of a target analyte in a sample, because the testing laboratory itself is able to determine an appropriate way to screen samples.
