Amendment to Racing Rules: Drug Testing

Scope, prohibited substances, and key definitions

Section 20 establishes the Commission’s power and function to prohibit the use of improper devices, PROHIBITED SUBSTANCES, or other means to enhance or diminish or affect the racing performance of a horse.
A PROHIBITED SUBSTANCE is defined as any substance that enhances, diminishes, or alters a horse’s racing performance due to its effects on the horse’s central or peripheral nervous system, cardio-vascular system, respiratory system, alimentary digestive system, musculo-skeletal system, or uro-genital system.
The definition expressly includes, but is not limited to, the following categories: analgesic, anti-histamines, anti-inflammatory agents, blood coagulants, diuretics, hormones and their synthetic counterpart, corticosteroids, anabolic steroids, local anaesthetics, muscle relaxant, anti-hypertensive and tranquilizers, and other substances that PHILRACOM may prohibit from time to time.
The prohibition does not extend to the use of all duly-certified vitamins.
Section 20 further provides a race participation allowance: horses administered with phenylbutazone and furosemide may be allowed to participate in the races provided the owner or trainer informed the racing clubs concerned during its declaration for participation in an official race.

Commission powers; testing authority

Section 4.5 empowers the stewards, through their duties, to order the club veterinarian to extract blood, saliva and/or urine from any racehorse for detection of prohibited substances.
Section 4.5 requires suspension and rehabilitation where a horse tests positive for prohibited substances.
Section 4.5 mandates that a positively-tested horse undergo rehabilitation during the suspension period and be required to undergo a drug test and be certified drug-free before it may return to racing.

Penalties for horses found positive

A racehorse found positive to have been administered with prohibited substances is suspended for six (6) months.
During that six (6) month suspension, the horse must undergo rehabilitation.
The horse must be drug-tested and certified drug-free before it may again participate in races.
If the horse is a winner or placer, then in addition to penalties above, the prize of the day net of taxes, the jockeys’ commission, and the jockeys’ and trainers’ fund share are paid as a penalty in favor of the racing clubs, to be used actually, directly, and principally for drug testing purposes and activities.
For stakes races and races with added prizes, the stakes or added prizes are also paid as a penalty in addition to the prize of the day.
A horse caught for the second time to have been administered with prohibited substances is banned from racing for life.

Fines, licensing consequences, and challenge mechanism

The owner and/or trainer of a horse tested positive for prohibited substances is fined P30,000 each, or a total of P60,000 if the same person is both the owner/trainer at the same time.
The owner and/or trainer must pay the full amount of P60,000 when the person is both owner and trainer.
Before any challenge proceeds, the applicable amount must be deposited with the racing club, together with a challenge fee of P10,000.
Non-payment of the fine causes the revocation of owner’s and/or trainer’s licenses.

Drug testing procedures and sample rules

Section 103-A establishes drug testing procedures for sample collection, testing, notification, challenges, and referral.
After every race, at least two (2) horses’ test specimens must be taken; the winner and any other horse(s) selected by the Board of Stewards are included.
In every racing day, a minimum of six (6) samples must be tested by the PHILRACOM accredited Laboratory.
The Board of Stewards may, in its discretion, order the testing of other samples.

Collection area requirements

The race club concerned must provide a separate and well secured area within the club compound, isolated from the view of the betting public, for actual sample collection.
Entry to the collection area is allowed only to: the duly registered owner, trainer, or their duly-licensed representative, and the groom of the horse concerned.

Sampling containers, sealing, and custody

Two (2) sampling containers per selected horse must be taken immediately after the race by authorized personnel.
Samples must be sealed and countersigned in the presence of representatives of the racing clubs, the owner, trainer, or their duly-licensed representative.
Failure of the horse owner and/or trainer to be present or to designate an official and licensed representative in writing is treated as a waiver of the right to be present.
One (1) sample is retained by the racing club and placed in its custody.
The other sample is given to the duly accredited drug testing laboratory for testing.
The retained sample is used for challenge; the laboratory results are stated to be final and binding on all parties.

Notification and timelines

Testing is performed to identify prohibited substances using the referenced list of classifications and groupings.
The PHILRACOM accredited Laboratory must notify the racing club of results of all tests within fifteen (15) working days after sample collection, if tests are positive for prohibited substances.
Upon receipt of results, the racing club must inform PHILRACOM and the horse owner and/or trainer within five (5) working days.

Drug references and referral for dangerous drugs

Drug identification for classification and groupings uses the current available editions of: Philippine Index of Medical Specialties (PIMS), U.S. Pharmacopoeia, British Pharmacopoeia, Chinese Pharmacopoeia, Drugs Facts and Comparison, MERCK INDEX, MERCK VETERINARY MANUAL, and MULTILINGUAL DICTIONARY OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES UNDER INTERNATIONAL CONTROL.
If any dangerous drug(s) as defined and penalized under the Dangerous Drugs Law are detected in the samples, PHILRACOM must refer them to the National Bureau of Investigation (NBI) and all other concerned government agencies for further testing and possible prosecution.

Challenge rights; deadlines; effects; and outcomes

The owner/trainer/authorized representative of horses found administered with prohibited substances may challenge the results within seventy two (72) hours after notice by the racing club concerned.
The challenger must file a written notice of challenge with the racing club concerned, pay a challenge fee of P10,000.00, and deposit P60,000.00 corresponding to the fine to be imposed.
The PHILRACOM accredited drug testing laboratory must have seven (7) working days to schedule and conduct the challenge.
If the PHILRACOM accredited drug testing laboratory fails to schedule and conduct the challenge within the seven (7) working days period, the outcome results in a decision for the challenger.

Effect of filing challenge

Filing a written challenge does not stay the penalties and/or suspension imposed.

Challenge testing procedure

The retained sample in the racing club is used for testing during a challenge.
The testing is conducted in the PHILRACOM accredited drug testing laboratory.
The owner and/or trainer may request, at option, the presence of NBI and/or Dangerous Drug Board (DDB) chemists.
Representatives of the racing club, PHILRACOM, and the owner and/or trainer must also be present during the procedure.
Failure of the owner and/or trainer, or their authorized representative, to be present is treated as a waiver of the right to be present.

Results and financial consequences

If the challenged test yields positive results for prohibited substances, the owner and/or trainer’s P10,000 challenge fee is forfeited in favor of the racing club.
If the challenged test yields positive results, the P60,000.00 deposit is imposed as a penalty in favor of PHILRACOM.
If the challenged test yields negative results, the owners and/or trainers are refunded accordingly.

Corrupt practices and unauthorized injection

Section 107 treats corrupt practices as prohibited conduct in connection with drug testing and related control measures.
Section 107(b)(c) prohibits administering or injecting to any horse outside or inside the club premises.
Any unauthorized person found in possession of any syringe, hypodermic needle, injecting equipment, or other paraphernalia inside the club premises is banned from the racetracks.
If the offender is the horseowner, trainer, or groom, they are dealt with severely by suspension or fines not to exceed P10,000.00, without prejudice to the revocation of their license.

Owner/trainer liability for applying prohibited substances

Section 110 imposes penalties for acts and/or omissions by horse owners and trainers.
Applying or administering prohibited substance(s) directly or indirectly, regardless of personal knowledge, results in a fine up to P60,000.00.
Non-payment of the fine causes the revocation of license.

Rule binding by entry in races

Section 113 requires that every horse running in a race must be run on its own merits.
Every owner or trainer who enters a horse must ensure that it is fit to run.
A horse owner and/or trainer who declares a horse in a race automatically binds himself to abide by the drug testing rules and regulations, including the penalties thereof.
Compliance binds owners and trainers, without prejudice to prosecutions under existing legislation, including the Revised Penal Code and the Dangerous Drug Law.