An out-of-competition testing regulation that was put into effect in Kentucky prior to the Breeders' Cup World Championships will soon become permanent.

During a meeting on Nov. 30, the Kentucky Horse Racing Commission's (KHRC) rules committee made a few modifications before sending the regulation on to the full commission for consideration.

The regulation was implemented on an emergency basis so some testing could take place prior to the Nov. 5-6 World Championships at Churchill Downs in Louisville. The rules committee's action is the final step before the commission votes on making the regulations permanent.

The regulation allows the KHRC 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 and which are specifically identified in the regulation. KHRC veterinary staff members have said the substances targeted by the regulation can be detected for only a short period after being administered–meaning they would not show up in regular post-race tests–but can have a lengthy positive effect upon a horse's performance