The Horseracing Integrity and Safety Authority released the following policy update on Friday, July 28:
Background: Current ADMC rules include a rule adopted from the World Anti-Doping Code requiring that any Responsible Person (i.e., trainer) whose Covered Horse tests positive for a Banned (doping) Substance be Provisionally Suspended while his/her case is being processed. A Provisional Suspension does not in any way change the presumption of innocence and is not an early determination of guilt. Instead, it is intended as a precaution to safeguard the integrity of the sport, horse welfare, and the rights of rule-abiding trainers. Provisional Suspensions have been instrumental in protecting the integrity of other sports and were introduced into horseracing for that reason.
Discussion: Last Friday, HIWU was informed that a split (B) sample did not confirm the original Laboratory finding, and, accordingly, pursuant to the ADMC regulations, HIWU dismissed the violation against a trainer who had been Provisionally Suspended 20 days earlier. This raised concerns regarding the imposition of Provisional Suspensions at this early stage of the ADMC Program's rollout. Consequently, HISA's ADMC Committee, which has oversight of the HISA ADMC rules, held a meeting and decided to make various policy decisions regarding the imposition of Provisional Suspensions under the ADMC Program. Various proposals received from horsemen's groups were considered during the course of these discussions.
Policy Change: The following policy changes will be effective immediately and shall apply to any Responsible Person Provisionally Suspended following a positive test for a Banned Substance:
- Any Responsible Person who requests that the B Sample be analyzed following a positive test for a Banned Substance shall be eligible for postponement of the effective date of the Provisional Suspension until such time as the B Sample result is returned. If the B Sample confirms the A Sample, the Responsible Person shall be Provisionally Suspended upon Notification of the B Sample confirmation, except that the Responsible Person shall not be required to scratch any Covered Horses entered to race prior to Notification of the B Sample confirmation. However, the Responsible Person shall not be entitled to enter any Covered Horses to race subsequent to Notification;
- Any Responsible Person who does not request the B Sample analysis shall be Provisionally Suspended upon such election, except he/she shall not be required to scratch any Covered Horses entered to race prior to Notification of the A Sample positive finding. However, the Responsible Person shall not be entitled to enter any Covered Horses to race subsequent to Notification;
- Any Responsible Person with more than one horse that tests positive for the same Banned Substance within a six (6) month-period or who has received notice of another potential violation relating to a Banned Substance (e.g., possession, use) shall not be eligible for delayed imposition of a Provisional Suspension as set forth in paragraph 1 above;
- Covered/Responsible Persons will continue to be Provisionally Suspended upon the notice of the A Sample result if the result involves the detection of the following Banned Substances:
- 3,4- methylenedioxypyprovalerone Methylphenidate;
- (MDPV, Bath Salts);
- Mitragynine;
- Alpha-pyrrolidinovalerophenone Myo-inositol trispyrophosphate (ITPP);
- (Alpha PVP);
- Nikethamide;
- Amphetamines (e.g., Methamphetamine, Opioids (natural and synthetic) and Cathinone, Mephentermine, Methcathinone);
- opioid agonists (e.g., apomorphine, Benzylpiperazine (BZP); hydrocodone, hydromorphone, Chlorpromazine; oxycodone);
- Erythropoietin (EPO) and EPO mimetics;
- Pentylenetetrazol;
- Ethylphenidate;
- Phencyclidine (PCP);
- Etorphine;
- Phendimetrazine;
- Fentanyl and Fentanyl analogs;
- Phenmetrazine;
- Mazindol;
- Strychnine;
- Meldonium;
- Synthetic cannabinoids;
- Metaraminol;
- Tetrahydrocannabinol (THC);
- Methaqualone;
- Venoms and toxins (e.g., alpha Methylhexanamine; cobratoxin, ziconotide, botulinum toxin)
- During a Provisional Suspension, which is not a Final Suspension, Covered/Responsible Persons may engage in caring for and exercising their Covered Horses, except they cannot breeze or race Covered Horses registered to them. Should they want any Covered Horses to breeze or race, they must transfer those horses to another Responsible Person (i.e., trainer) in a bona fide transfer approved by the stewards. If the Responsible/Covered Person is an Owner, ownership of the Covered Horse must be transferred in order for it to be eligible to breeze or race. In addition, Covered/Responsible Persons: (i) must take down or cover any personal signage bearing their name or related to their operations where the Covered Horses are located at the racetrack; (ii) cannot claim Covered Horses or bring new Covered Horses into their barn; and (iii) cannot be employed in any capacity involving Covered Horses (including, but not limited to, acting as an agent for an Owner of Covered Horses or working as an exercise rider for Covered Horses.)
Additional Notes:
- The Policy Change shall also be applied to any currently suspended Responsible Persons. HIWU will be in contact with all those currently Provisionally Suspended to explain next steps.
- The Responsible/Covered Person must pay for the B Sample analysis within seven (7) calendar days of requesting it. In cases of financial hardship, and upon the demonstration of such hardship, the Covered Person may be entitled to a payment plan to cover the cost of B Sample analysis.
- This new Policy will remain in effect for so long as the ADMC Committee deems appropriate. Should the ADMC Committee decide at some future date to abandon or modify it, the industry will receive at least thirty (30) days' advance notice.
- Public Reporting under the ADMC rules will continue to occur at the time of the EAD Notice of the A Sample positive test.
A Summary Sheet for trainers is available here: Summary Sheet for Covered Persons
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