Home » 2016 Issues » February 10, 2016 » SGC-46-15-00007-A Requirement of Specific Minimum Penalties for Certain Multiple Medication Violations
SGC-46-15-00007-A Requirement of Specific Minimum Penalties for Certain Multiple Medication Violations
2/10/16 N.Y. St. Reg. SGC-46-15-00007-A
NEW YORK STATE REGISTER
VOLUME XXXVIII, ISSUE 6
February 10, 2016
RULE MAKING ACTIVITIES
NEW YORK STATE GAMING COMMISSION
NOTICE OF ADOPTION
I.D No. SGC-46-15-00007-A
Filing No. 130
Filing Date. Jan. 26, 2016
Effective Date. Feb. 10, 2016
Requirement of Specific Minimum Penalties for Certain Multiple Medication Violations
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of Part 4045 to Title 9 NYCRR.
Statutory authority:
Racing, Pari-Mutual Wagering and Breeding Law, sections 103(2), 104(1), (19) and 122
Subject:
Requirement of specific minimum penalties for certain multiple medication violations.
Purpose:
To enhance the integrity and safety of thoroughbred horse racing.
Text or summary was published
in the November 18, 2015 issue of the Register, I.D. No. SGC-46-15-00007-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Kristen Buckley, New York State Gaming Commission, One Broadway Center, P.O. Box 7500, Schenectady, New York 12301, (518) 388-3407, email: gamingrules@gaming.ny.gov
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 2021, which is no later than the 5th year after the year in which this rule is being adopted.
Assessment of Public Comment
The Gaming Commission received four letters in support of the adoption of the Multiple Medication Violation (MMV) penalty system.
The National Thoroughbred Racing Association (NTRA) supports the amendment because with a new database and the MMV penalty classification system to assign points, all racing commissions will be able to track the medication record of a licensee across jurisdictions and medication types, enabling each racing jurisdiction to collect and report drug and medication violations. NTRA also supports the amendment because the MMV penalty system provides for the right of expungement after a period of time, which “assures fair treatment for licensees and acts as a safeguard against public overreaction to minor mediation overages.”
The Racing Medication and Testing Consortium submitted a letter in support, stating that the MMV is an integral part of the National Uniform Medication Program, the majority of which New York has already adopted. The RMTC based its support in part on the creation of a national database to collect and report drug and medication violations, the ability to track repeat offenders, set penalties for offenders and the right of expungement after a period of time for minor medication violations.
The New York Racing Association, Inc. (“NYRA”) supports the amendment, noting that the proposed rule “is modeled on uniform rules which are the product of the collective expertise of many industry stakeholders and experts, including state regulators, and the Association of Racing Commissioners International, Inc.” NYRA also noted that there is broad industry support for the adoption of this rule.
The New York Thoroughbred Horsemen’s Association, Inc. (NYTHA) supports the amendment and urged adoption as quickly as possible. In its letter, NYTHA stated: “The Gaming Commission and NYTHA, along with our fellow Racing Commissions and horsemen’s organizations in the Mid-Atlantic region, formally committed to the adoption of this system as part of the uniform medication program, both regionally and now nationally. By adopting these rules, the Gaming Commission will fulfill its commitment to the uniform program.”
