Creation of the Mortality Review Board
407.5. Creation of Horse Mortality Review Board.
(a) In addition to the licensing provisions of Chapter 181 (relating to licensed racing entities—temporary regulations), the Commission hereby directs that each Thoroughbred and Standardbred licensed racing entity within this Commonwealth shall create a Horse Mortality Review Board (Mortality Board) to be located at each racetrack facility to be approved by the Commission.
(b) Each Mortality Board shall include, at least, the following individuals:
(1) Racetrack Vice-President, General Manager or similar level management person (Chair);
(2) A Commission Steward or Judge of the applicable racetrack;
(3) A Commission Veterinarian;
(4) A representative of the applicable horsemen’s organization;
(5) A jockey or driver representative;
(6) Trainer and assistant trainer (if applicable) of the fatally-injured horse;
(7) Attending veterinarian of the fatally-injured horse;
(8) Racetrack superintendent; and
(9) Any other individual deemed necessary and appropriate by the Mortality Board.
(c) The goal of the Mortality Board shall be to gather information regarding the catastrophic event and to have an open communication between all the previously listed individuals regarding issues which may have led to the incident and to ultimately arrive, if possible, at conclusions and recommendations to the appropriate entity or person, in particular and where possible to the general racing industry.
§ 407.6. Meeting procedures.
(a) The Horse Mortality Review Board (Mortality Board) shall meet to discuss and interview individuals related to each catastrophic horse injury occurring at that racetrack facility. If no catastrophic injury has occurred, then the Mortality Board shall meet at least quarterly throughout the year.
(b) Either shortly prior to or during the Mortality Board meeting, the following documents, information or procedures, or both, shall be reviewed:
(1) The video of race, if applicable;
(2) The attending or treating veterinarian’s records for the fatally-injured horse for a 30-day period prior to the horse’s catastrophic injury;
(3) The past performance records to determine the horse’s exercise history warranted increased pre-race scrutiny;
(4) The Incompass or E-Track, or similar racing database records to determine whether the horse had previously been on a Steward’s or Veterinarian’s List;
(5) The pre-race examination findings;
(6) Risk factors that may apply to the fatally injured horse;
(7) The Death Certificate and the Commission Investigative Report and Necropsy Report, if available;
(8) Any findings or results of blood or urine tests conducted by the Commission’s Testing Laboratory;
(9) The trainer’s and veterinarian’s treatment log/sheets.
§ 407.7. Standardized questions.
The Commission, in conjunction with the approved and established Horse Mortality Review Board (Mortality Board), shall develop a set of standardized questions to assist in identify factors which might predispose a horse to suffer catastrophic injuries. The standardized questions may be amended from time to time by the Mortality Board with the approval of the Commission.
§ 407.8. Report and recommendations.
At the conclusion of each Horse Mortality Review Board (Mortality Board) meeting regarding a catastrophic horse injury, the Mortality Board shall prepare a report with conclusions and recommendations regarding the incident and shall provide a copy to all individuals on the Mortality Board and the Commission’s Bureau Directors.