The Kentucky Horse Racing Commission, operating on a tight schedule, approved a regulation Sept. 7 governing out-of-competition equine drug testing with plans to have it in place in advance of the Nov. 5-6 Breeders' Cup World Championships at Churchill Downs.

The regulation was unanimously approved with a request it be given emergency status, meaning it will take effect when signed by Gov. Steve Beshear. Once signed, the regulation will be legal for six months. During that time, the regulation will go through a legislative vetting process, including public hearings, before a final regulation is adopted.

The regulation was drafted, revised, and debated over the course of several months and sent to the KHRC at the recommendation of the Kentucky Equine Drug Research Council and the commission’s rules committee. The penalty schedule for offenders was the most controversial aspect of the regulation.

The KHRC, after some discussion, approved a first-offense license revocation of between five to 10 years and up to a $50,000 fine. Also, those same penalties would apply to an owner, trainer, or anyone entrusted with a horse’s care refusing to permit a horse to be tested. Horses that test positive under the regulations would be barred from racing in the state for 180 days