Sec. 7. Outline of the Thoroughbred horseracing anti-doping program
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The Thoroughbred horseracing anti-doping program shall take into consideration international anti-doping standards, including the World Anti-Doping Code and the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association, that could be applicable to the Thoroughbred horseracing anti-doping program and shall take effect upon January 1, 2017. The Thoroughbred horseracing anti-doping program shall be updated from time to time and shall include— a uniform set of anti-doping rules; a list of permitted and prohibited substances and methods; a process for sample collection and analysis and test distribution; programs for in-competition and out-of-competition testing (including no-advance-notice testing and mandatory reporting of each horse’s location for testing); investigations related to anti-doping rule violations; management of violation results; laboratory accreditation; and disciplinary hearings, which may include binding arbitration, sanctions, research and education.
The Authority shall develop, maintain, and publish lists of permitted and prohibited substances and methods. The initial list of prohibited substances and methods developed by the Authority, which shall be in effect until amended by the Authority, shall include any substance or method that is included on either— class 1, 2, 3, and 4 drugs, medications and substances in the Uniform Classification Guidelines for Foreign Substances of the Association of Racing Commissioners International, Version 9.0, revised April 2015, or the 2015 Prohibited List, International Standard, of the World Anti-Doping Code, unless and to the extent that such a substance or method described in subparagraph
(A)or
(B)is contained on the list of permitted substances and methods identified on the Association of Racing Commissioners International Therapeutic Medication Schedule for Horses, Version 2.2. The lists of permitted and prohibited substances and methods effective as of January 1, 2017, including all modifications to the initial lists, shall be developed and published by the Authority not later than 120 days prior to the effective date of the Thoroughbred horseracing anti-doping program as set forth in subsection (a). The inclusion of permitted or prohibited substances or methods on the lists shall be subject to periodic review by the Authority for modification, substitution, addition to or deletion from the lists. The Authority shall also establish a notice, consultation, and comment process, involving Thoroughbred industry representatives and the public, in connection with modifying, substituting, adding or deleting permitted and prohibited substances and methods from the lists. The Authority, after notice to and with appropriate opportunity for comment from Thoroughbred industry representatives and the public, shall establish a list of anti-doping rule violations applicable to either horses or covered persons including— strict liability for the presence of a prohibited substance or method in a horse’s sample or the use of a prohibited substance or method; attempted use of a prohibited substance or method; possession of any prohibited substance or method; attempted possession of any prohibited substance or method; administration or attempted administration of any prohibited substance or method; refusing or failing without compelling justification to submit a horse for sample collection; tampering or attempted tampering with any part of doping control; and trafficking or attempted trafficking in any prohibited substance or method and complicity in any anti-doping rule violation. Not later than 120 days prior to the effective date of the Thoroughbred horseracing anti-doping program as set forth in subsection (a), the Authority shall establish standards of accreditation for laboratories involved in the testing of samples taken from Thoroughbred horses, the process for achieving and maintaining accreditation, and the standards and protocols for testing of samples. The Authority may, in its sole discretion, extend provisional or interim accreditation to laboratories accredited by the Racing Medication and Testing Consortium, Inc. Each State racing commission shall determine the laboratory to be used in testing samples taken within its jurisdiction, provided that the laboratory selected has been accredited by, and complies with the testing protocols and standards established by, the organization. Not later than 120 days prior to the effective date of this Act, the Authority, after notice to and with appropriate opportunity for comment from Thoroughbred industry representatives and the public, shall establish rules for anti-doping results management and the disciplinary process for anti-doping rule violation results management including, provisions for notification of anti-doping rule violations, hearing procedures, burden of proof, presumptions, evidentiary rules, appeals and guidelines for confidentiality and public reporting of decisions. Such rules shall provide adequate due process, including impartial hearing officers or tribunals commensurate with the seriousness of the alleged anti-doping rule violation and the possible sanctions for such violation. The Authority, after notice to and with appropriate opportunity for comment from Thoroughbred industry representatives and the public, shall establish uniform rules imposing sanctions against covered persons and/or covered horses for anti-doping rule violations. The sanctioning rules shall take into account the unique aspects of Thoroughbred horseracing, and shall be designed to ensure fair and transparent Thoroughbred horseraces and deter the commission of anti-doping rule violations. The rules shall impose sanctions up to and including a lifetime ban from horseracing and shall include opportunities for anti-doping rule violators to reduce the otherwise applicable sanctions generally comparable to those opportunities afforded by the United States Anti-Doping Agency’s Protocol for Olympic Movement Testing.