An effort to finalize proposed regulations on out-of-competition testing of horses in Kentucky erupted into a lively debate over penalties when two panels met in joint session via teleconference Aug. 31.

The out-of-competition regulations have been drafted, revised, and debated over the course of several meetings and in public meetings conducted by a joint committee of the Kentucky Horse Racing Commission and the Equine Drug Research Council. The Aug. 31 session, in which members of the two bodies participated via teleconference from locations in Louisville, Ky., and Lexington, were designed to finish a proposal to be submitted to the full KHRC at its Sept. 7 meeting.

Four states and Canada currently have out-of-competition testing, which allows the commission to conduct tests on horses regardless of location if there is a likelihood the horse ordered for testing will race in Kentucky. The tests are aimed at detecting prohibited substances, mainly blood-doping agents, that cannot be detected in post-race tests.

During an Aug. 26 meeting, the three-member rules committee and eight-member EDRC settled on a penalty of license revocation of one to 10 years and a fine up to $50,000 for an owner, trainer, or their designated representative when a horse tests positive under the regulations. The same penalties would apply for refusal or inability to have the horse available for testing after being notified, under a set of parameters outlined in the regulation