AQHA MULTIPLE MEDICATION VIOLATION SYSTEM (MMVS)

Transcription

1 AQHA MULTIPLE MEDICATION VIOLATION SYSTEM (MMVS) 1. The AQHA Multiple Violations System (MMVS) sets forth penalties for trainers, owners and horses subject of positive drug tests, and, in particular, is designed to assess penalties against trainers, owners and horses subject of multiple positive drug tests. This system is for AQHA s use only and is not intended to be a substitute for the current penalty system used by racing jurisdictions. 2. For purposes of the MMVS, the term Lab shall mean as defined by the RCI in the Uniform Drug Testing Standards and a facility designated by a commission or jurisdiction for testing samples. 3. For purposes of the MMVS, all drug testing conducted by a Lab and officially reported by a racetrack or a racing jurisdiction and recognized by that racing jurisdiction shall be recognized ( Test ). 4. For purposes of the MMVS, drug classifications (Classes 1-5) and penalty classifications (A-D) are based on the Association of Racing Commissioners International (ARCI) s current edition of Uniform Guidelines for Foreign Substances. 5. For purposes of the MMVS, the term Controlled Therapeutic shall mean controlled therapeutic medications recognized by ARCI and listed on Table F. 6. The term violation under the MMVS shall mean a positive Test for: a. an overage for a Controlled Therapeutic ; b. a Class 1 or 2 substance as defined by ARCI that is not a Controlled Therapeutic ; c. a Class 3, 4 or 5 substance as defined by ARCI that is not a Controlled Therapeutic. 7. Assessment of Points and Penalties: a. Points and Penalties under this MMVS will only be assessed upon AQHA s receipt of notice from any State sanctioned racing authority, Board of Stewards, or other governmental racing authority that a person has been found to have violated a medication rule or regulation of such authority for Quarter Horse racing; b. Upon assessment of any penalty under this MMVS by AQHA, written notice will be provided to the trainer and/or owners of the penalty imposed. Further, each notice will include the following statement: If you believe you have received this notice in error, please notify AQHA within 15 days from the date of this letter and include a written explanation as to why you believe you have received this notice in error. c. Penalties assessed under this MMVS will not go into effect until the 15-day period referenced in (b) above has passed; and d. AQHA will provide each applicable governmental racing authority with notice of each MMVS suspension or penalty assessed including the name of each person or horse which has been assessed such penalty. 8. Point values for positive Tests for medications/substances are set forth in Table A. See Table F for point values for Controlled Therapeutic s. 9. With respect to horses and trainers, the accumulation of points on a horse s and trainer s record shall result in the penalties set forth in Table B. 10. With respect to owners, the accumulation of the number of positive Tests on the owner s record shall result in the penalties set forth in Table E. 11. If a positive test involves a Class 1 or 2 substance, Clenbuterol or an A penalty classification, the recommended penalties in Table C shall be assessed. 12. For purposes of the MMVS only and upon written petition to AQHA to expunge, points shall be expunged from horses and trainers records in accordance with Table D. For purposes of the MMVS only and upon written petition to AQHA to expunge, positive Tests shall be expunged from the owner s record 2 years from date of the positive Test. Written petitions to expunge may be granted at AQHA s discretion but not before the specified penalty time has been served. Additionally, points and positive Tests shall be expunged from a horse s, trainer s and owner s record should the trainer be found not guilty of the positive Test.

2 13. A database will be maintained on the AQHA Racing web site aqharacing.com. Sale companies will be encouraged to publish points in the catalog or past performance supplements for horses entered in the sale and in race training or of racing age. 14. In addition to the penalties set forth in the MMVS and AQHA Handbook, horses that compete while owned by a suspended person or compete while being trained by a suspended trainer shall be ineligible to (a) receive AQHA racing points; (b) enter any AQHA Racing Challenge regional, bonus or maiden races; or (c) be considered for purposes of AQHA honors/awards including AQHA year-end. Suspended owners or trainers shall be ineligible to receive AQHA honors/awards including AQHA year-end. 15. The AQHA Executive Committee has the authority to increase penalties as it deems necessary for the safety and welfare of the horse and in the best interests of the industry.

3 TABLE A Point values for positive Tests for medications/substances are set forth in Table A. See Table F for point values for Controlled Therapeutic s) Class Class 1 or 2 that is not a Controlled Therapeutic Class 3 Controlled Therapeutic Class 4 or 5 Controlled Therapeutic Class 3, 4 or 5 substance that is not a Controlled Therapeutic Points 6 See Table F See Table F 6 if Penalty Class A; 4 if Penalty Class B 2 if Penalty Class C; 1 if Penalty Class D

4 TABLE B ( With respect to horses and trainers, the accumulation of points on a horse s and trainer s record shall result in the penalties set forth in Table B.) Points Suspension in Days* For Horse (AQHA registration suspension) For Trainer (AQHA membership suspension) 3-5.5** or more 1 year 1 year * Refer to Table C below if Violation involves a Class 1 or 2 Violation, Clenbuterol or an A Penalty. If Violation involves Class 1 or 2 Violation, Clenbuterol or an A Penalty, assess recommended suspension in Table C. ** If Violation involves a Class 3, 4 or 5 substance that is not a Controlled Therapeutic and has a B Penalty as determined by ARCI (4 points) and is offender s first offense, 30 day suspension shall be waived for such first offense. Points, however, will be placed on record.

5 TABLE C (If a positive test involves a Class 1, Class 2, Clenbuterol or A Penalty, the penalties in Table C shall be assessed.) Violation One Class 1 or 2 that is not a Controlled Therapeutic One Class 3, 4 or 5 substance that is not a Controlled Therapeutic and has an A Penalty Two violations involving any of the following: Penalty For Horse For Trainer Minimum 90 day suspension of registration Minimum 5 year suspension + stack additional suspension days per Table B (consecutive not concurrent). In order to have a horse s registration papers reinstated: A clean drug test must be provided by racetrack or racing jurisdiction or the owner may provide a DNA verified clean test conducted by the Maddy Lab at UC Davis; and prior to returning to racing must undergo a Vet inspection conducted under supervision of racing jurisdiction. If race w/in 60 days after end of suspension, must be tested post race(s) under supervision of racing jurisdiction at owner s expense. 3 year suspension of registration Lifetime suspension Class 1 or 2 that is not a Controlled Therapeutic Class 3, 4 or 5 substance that is not a Controlled Therapeutic and has an A Penalty Three or more violations involving any of the following: Class 1 or 2 that is not a Controlled Therapeutic Lifetime suspension of registration N/A (already suspended for lifetime) Class 3, 4 or 5 substance that is not a Controlled Therapeutic and has an A Penalty

6 Violation 1 st Clenbuterol violation (Effective May 1, 2015) TABLE C continued Penalty For Horse MMVS points assessed per Table F Suspension (if accumulated enough points) per Table B For Trainer $5,000 fine 180 days suspension 2 nd violation involving Clenbuterol (Effective May 1, 2015) 3 rd or more violations involving Clenbuterol (Effective May 1, 2015) MMVS points assessed per Table F Suspension (if accumulated enough points) per Table B MMVS points assessed per Table F Suspension (if accumulated enough points) per Table B $7,500 fine 1 year suspension 5 year suspension

7 TABLE D (For purposes of the MMVS only and upon written petition to AQHA to expunge, points shall be expunged from horses and trainers records in accordance with Table D. For purposes of the MMVS only and upon written petition to AQHA to expunge, positive Tests shall be expunged from the owner s record 2 years from date of the positive Test. Written petitions to expunge may be granted at AQHA s discretion but not before the specified penalty time has been served. Additionally, points and positive Tests shall be expunged from a horse s, trainer s and owner s record should the trainer be found not guilty of the positive Test. Drug Class 1 or 2 that is not a Controlled Therapeutic Class 3 Controlled Therapeutic Class 4 or 5 Controlled Therapeutic Class 3, 4 or 5 substance that is not a Controlled Therapeutic Time from Positive Test until Points Expunged from Record For Horse For Trainer 2 years Permanent 1 year 3 years 1 year 2 years 2 years if Penalty Class A; 1 year if Penalty Class B, C or D Permanent if Penalty Class A; 2 years if Penalty Class B, C or D

8 TABLE E (Owner Penalties) (With respect to owners, the accumulation of the number of positive Tests on the owner s record shall result in the penalties set forth in Table E.) Chart 1 (Violations involving Class 1 or 2 substances that are not Controlled Therapeutic s or Class 3, 4 or 5 substances that are not Controlled Therapeutic s and have an A Penalty ) Violation* One Class 1 or 2 that is not a Controlled Therapeutic Penalty Horse suspended per Table C One Class 3, 4 or 5 substance that is not a Controlled Therapeutic and has an A Penalty Two violations involving any of the following: Horse suspended per Table C Class 1 or 2 that is not a Controlled Therapeutic Class 3, 4 or 5 substance that is not a Controlled Therapeutic and has an A Penalty Three violations involving any of the following: Owner suspended for lifetime Class 1 or 2 that is not a Controlled Therapeutic Class 3, 4 or 5 substance that is not a Controlled Therapeutic and has an A Penalty

9 TABLE E (Owner Penalties Continued) Chart 2** (Violations involving Controlled Therapeutic s) 1 st violation 2 nd violation 3 rd violation 4 th violation Warning Warning $500 $1,000 5 th violation 6 th violation 7 th violation 8 th violation $2,000 $4,000 $8,000 $16,000 Chart 3** (Violations involving Class 3, 4 and 5 substances that are not Controlled Therapeutic s and have a B, C or D Penalty ) 1 st violation 2 nd violation 3 rd violation 4 th violation $1,000 $2,000 $4,000 $8,000 5 th violation 6 th violation 7 th violation 8 th violation $16,000 $32,000 $64,000 $128,000 **Modified to be effective December 1, 2014 Table E Guidelines: 1. If multiple violations occur for the exact same Controlled Therapeutic during a 21-day period (for example 3 Phenylbutazone positives), the violations will only count as one (1) violation for purposes of Chart 2. If multiple violations occur for different Controlled Therapeutic s during a 21-day period (for example 1 Firocoxib, 1 Ketoprofen, 1 Phenylbutazone), each violation will count separately for purposes of Chart Upon a total of eight (8) violations being recorded on an owner s record in a two (2) year period (for example, one Class 1 + four Controlled Therapeutic s + three Class 3, 4 or 5 substances that are not Controlled Therapeutic s and have a B, C or D Penalty ), the owner shall be suspended for a minimum of one (1) year. 3. Violations will be expunged two (2) years from the date of the violation. 4. Fines must be paid within the time frame specified by AQHA. Failure to pay fines may result in suspension of the owner until fine is paid. Money from fines will be used for furthering AQHA s efforts for the welfare of the American Quarter Horse. 5. Owners suspended for more than one year under the MMVS are eligible to apply for reinstatement to the Racing Council after one year. Owners of a horse suspended for more than one year under the MMVS are eligible to apply for reinstatement of the horse to the Racing Council after one year. An owner s written request for reinstatement (individual or for a horse) must show cause for reinstatement including, but not limited to, measures implemented by the owner to avoid future drug violations. Reinstatements are subject to the Racing Council s review and the AQHA Executive Committee s subsequent review of the Racing Council s recommendation.

10 TABLE F (Point values for Controlled Therapeutic s recognized by ARCI) Controlled Therapeutic s Recognized by ARCI Point Value Controlled Therapeutic s Recognized by ARCI Point Value Acepromazine 2 Glycopyrrolate 2 Albuterol 2 Isoflupredone 1 Betamethasone 1 Ketoprofen 1 Butorphanol 2 Lidocaine 2 Clenbuterol 2 Mepivacaine 2 Dantrolene 1 Methocarbamol 1 Detomidine 2 Methylprednisolone 1 Dexamethasone 1 Omeprazole ½ Diclofenac 1 Phenylbutazone 1 DMSO 1 Prednisolone 1 Firocoxib 1 Procaine penicillin 2 Flunixin 1 Triamcinolone acetonide 1 Furosemide 1 Xylazine 2