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S 3096

Communication from the Massachusetts Gaming Commission (pursuant to Section 9B of Chapter 128A of the General Laws and Section 222 of Chapter 6 of the General Laws) submitting proposed regulations changes to 205 CMR 3.00: Harness Horse Racing (2026)

194th Legislature (2025-2026)

Massachusetts seeks to align harness racing rules with ARCI/USTA standards, clarifying definitions, prohibitions, and penalties to improve health, safety, and integrity.

House concurred
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Bill Summary · S 3096

Summary of Bill S 3096 (Massachusetts, 194th Session)

This Senate communication from the Massachusetts Gaming Commission proposes regulatory amendments to 205 CMR 3.00 (Harness Horse Racing) and related regulations governing harness racing rules, medications, and prohibited practices. The changes are intended to align Massachusetts rules with current ARCI/USTA guidelines and to clarify terminology and processes.

Main purpose and intent

  • Update and clarify the Commission’s harness racing regulations to reflect current standards and definitions.
  • Ensure consistency with national racing bodies (ARCI and USTA) and reflect current industry terminology and procedures.
  • Adjust procedures around prohibited substances, therapeutic use, and enforcement to improve health, safety, and integrity of racing.

Key provisions and changes

1) 205 CMR 3.02: Definitions
- Adds explicit definitions for:
- ARCI (Uniform Classification Guidelines, Version 19.1, Dec. 8, 2025)
- USTA (Rules and Regulations, as amended May 1, 2025)
- Expands/clarifies numerous terms used throughout 205 CMR 3.00 (e.g., Administer, Bleeder, Medication, Entry, Stable Name, etc.).
- Purpose: Ensure clear reference points to ARCI/USTA rules and to standardize terminology across Massachusetts regulations.

2) 205 CMR 3.28: Prohibited Practices
- Updates and corrects cross-references (e.g., fixes citation from 205 CMR 3.28(5) to Annex I).
- Terminology updates: changes “breeze” to “qualify” and “jockeys” to “drivers” to reflect Standardbred racing language.
- Outlines prohibited substances and methods, including the Prohibited List (Annex I) and rules around restricted therapeutic use.
- Introduces/clarifies:
- Restricted Therapeutic Use: conditions under which restricted substances may be used (reporting, treatment plans, written approvals, emergency use provisions, veterinary prescriptions, etc.).
- List of banned substances and methods, including specifics on blood doping, chemical/physical manipulation, gene doping, and certain masking agents.
- ESWT (Extracorporeal Shock Wave Therapy) and Radial Pulse Wave Therapy: registration, licensing, location disclosure, reporting, and minimum race-day ineligibility (not racing for at least 10 days post-treatment); listing treated horses on an ineligible list.
- Nasogastric tube administration: prohibited within 24 hours before post time without prior veterinary permission.
- Annex I: Prohibited Substances and Prohibited Methods (retained with expanded substance categories, including anabolic agents, hormones/metabolic modulators, diuretics/masking agents, blood manipulation prohibitions, gene doping, etc.).
- Provides a framework for how prohibited substance testing results are interpreted and acted upon.

3) 205 CMR 3.29: Medications and Prohibited Substances
- Establishes aggravating and mitigating factors to be considered when violations are found (e.g., prior records, potential performance impact, treatment justification, environmental contamination, betting patterns, etc.).
- Sets penalties framework:
- Distinguishes therapeutic medications from non-therapeutic substances.
- If a drug is not listed in ARCI guidelines, forward to Racing Medication and Testing Consortium for classification.
- ARCI Class-based penalties and trainer/owner penalties; treatment of multiple positive tests; and integration with ARCI records for cumulative points.
- Introduction of a Multiple Medication Violations (MMV) framework with a point system and escalating suspensions based on cumulative ARCI points.
- Details on enhanced penalties by cumulative ARCI points and the process for applying, auditing, and posting penalties.
- Medication restrictions:
- Prima facie evidence that prohibited substances found in a test were administered to the horse.
- 24-hour pre-race administration restrictions (except as otherwise provided).
- Requirements for medical labeling on on-site medications.
- Provisions for professional oversight and record-keeping.

Who and what is affected

  • Licensees: Harness racing Associations licensed to conduct racing in Massachusetts (the associations, their officers, employees, trainers, drivers, veterinarians, etc.).
  • Racing participants: Trainers, drivers (formerly “jockeys”), veterinarians, and stable staff.
  • Horses: Subject to medication rules, treatment plans, and the ineligibility/penalty processes following violations.
  • Regulatory framework: Massachusetts Gaming Commission (Racing Division) alignment with ARCI/USTA guidelines; potential changes to penalties, reporting, and enforcement mechanisms.
  • Public/process: Public hearing held May 5, 2026; notice and opportunity for comment under state Administrative Procedure Law (M.G.L. c. 30A).

Procedural and timeline aspects

  • Legal basis: Proposals fall under M.G.L. c. 128A, § 9B and M.G.L. c. 6, § 222.
  • Public hearing: Conducted on May 5, 2026.
  • Process: The Commission will publicize, adopt, and enforce amended regulations under 205 CMR 3.00; in cases of contested rulings, appeals follow 205 CMR 101.02.
  • Interplay with 205 CMR 6.00 (Pari-mutuel Rules) remains, with 205 CMR 3.00 governing regulatory aspects not covered by 6.00.

Practical impact

  • Strengthened alignment with ARCI/USTA standards, promoting consistency with national racing practices.
  • Improved clarity in definitions and terminology, reducing ambiguity in enforcement.
  • Expanded oversight and reporting requirements for restricted therapeutic use and advanced therapies (e.g., ESWT), including mandatory lists and penalties.
  • Clearer framework for penalties, including cumulative point-based enhancements, potentially increasing penalties for repeat violators.
  • Enhanced process for vetting medications, treatment plans, and potential environmental contamination defenses.

If you want, I can provide a side-by-side comparison of specific proposed changes to current 205 CMR 3.00 text or summarize potential changes to penalties by ARCI class.

Compiled from official sources — confirm details with the bill’s official record.

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