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FTC Approves HISA’s Anti-Doping And Medication Rule

Edited Press Release

New and enhanced anti-doping regulations took effect in U.S. Thoroughbred horse racing Monday following the Federal Trade Commission's approval of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program.

HISA's ADMC Program, administered by the Horseracing Integrity & Welfare Unit (HIWU), brings all testing and results management under one national authority, standardizes the categories of substances laboratories test for and institutes clear and consistent penalties for violations.

In its authority as the independent administrator of the ADMC Program, HIWU is introducing to the sport a new paperless sample collection system, strategic out-of-competition testing nationwide and centralized adjudication processes to facilitate swift rulings.

“Having a uniform anti-doping program in place for the first time ever will be a game changer for American horse racing,” said HISA CEO Lisa Lazarus. “HISA's ADMC Program is the modern, rigorous yet fair regulatory framework the sport deserves. Its rules, philosophical approach and professional implementation will help ensure the integrity of the competition and demonstrate the seriousness of the industry's commitment to equine welfare.”

HIWU is led by Executive Director Ben Mosier. Among other members of HIWU's leadership team are experts with decades of experience working in anti-doping, including in Thoroughbred racing, as well as in federal law enforcement.

“The HIWU team is proud to partner with HISA in the administration of the ADMC Program, which represents a major advancement in how the sport governs anti-doping enforcement,” said Mosier. “HIWU has been working with state racing commissions and racing participants for months to educate all the sport's stakeholders on the new rules, including through in-person and virtual presentations and the library of resources on our website. I am grateful to all who are working with us, particularly the local sample collection personnel, laboratories and other officials operating under the new uniform procedures now in place.”

The ADMC Program's Prohibited Substances List is divided into two categories: 1) Banned Substances that are never permitted in a horse and 2) Controlled Medications that are permitted outside specified periods. Horses will now be tested for these substances following races as well as outside competition windows through an intelligence-based testing system developed by HIWU. The ADMC Program incorporates internationally recognized standards set by organizations including the Association of Racing Commissioners International (ARCI), World Anti-Doping Agency (WADA) and Federation Equestre Internationale (FEI).

The Horseracing Integrity and Safety Act, passed into federal law by a bipartisan act of Congress, grants HISA jurisdiction over all Thoroughbred horse races in the U.S. that are the subject of interstate off-track or advance deposit wagers.

The ADMC Program is the second of HISA's two regulatory programs to be implemented. HISA's Racetrack Safety Program, which established uniform operational safety rules and racetrack accreditation standards, took effect upon receiving approval from the FTC on July 1, 2022.

National HBPA Statement in Response to ADMC Rules Approval

The National Horsemen's Benevolent and Protective Association released a statement in response to the FTC's approval the Anti-Doping and Medication Control rules, while also committing to filing a motion to stop the rules from going into effect.

“The Authority is barreling forward to implement HISA, and the FTC is enabling it by rubber-stamping another set of seriously flawed rules,” said National HBPA President Doug Daniels, DVM. “Industry concerns must be taken into account, and we believe no one at the FTC is listening. That's why the Fifth Circuit Court of Appeals ruled HISA unconstitutional in our lawsuit. Without our efforts, I fear for our future. Today, we plan to file a motion with the Northern District of Texas court asking the judge immediately to stop these rules from going into effect.”

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HIWU Set to Administer HISA Anti-Doping and Medication Control Program

Edited Press Release

The Horseracing Integrity & Welfare Unit (HIWU), the independent enforcement agency of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program, has reached arrangements with all state racing commissions and/or racetracks that will be conducting live racing on or soon after the implementation of the ADMC Program, which is anticipated to be Monday, Mar. 27, 2023. The laboratories that will be conducting testing under the Program have also been confirmed.

“HIWU appreciates the opportunity to engage with state racing commissions, racetracks, and laboratories in the implementation of a national, uniform ADMC program,” said Ben Mosier, executive director of HIWU. “We are confident that all our arrangements will facilitate uniform compliance with the ADMC Program to ensure its consistency and effectiveness.”

Once the ADMC Program takes effect, the following states and/or racetracks will continue to provide sample collection personnel services by utilizing their current staff, who will have been trained and certified by HIWU. Voluntary agreements have either been signed or will be signed before the first day of racing under the new ADMC Rules with the following entities:

Arkansas Racing Commission
California Horse Racing Board
Florida Gaming Control Commission, in cooperation with Gulfstream Park and Tampa Bay Downs
Kentucky Horse Racing Commission
Maryland Racing Commission
New York Racing Association (except Post-Race testing)
Pennsylvania Horse Racing Commission
Will Rogers Downs

For the following states and/or racetracks, HIWU has either contracted directly with existing personnel or has hired its own sample collection personnel to implement the ADMC Program. There is therefore no signed voluntary agreement with the following entities:

Arizona Department of Gaming (Division of Racing)
Finger Lakes
Illinois Racing Board
New York Gaming Commission (Post-Race testing only)
Ohio State Racing Commission

HIWU is also engaging with state racing commissions and racetracks that are racing after mid-April and will announce those relationships prior to such time.

Laboratories must be accredited by the Racing Medication & Testing Consortium to be eligible to conduct testing as part of HISA's ADMC Program, and must meet additional criteria determined by HIWU. HIWU has entered into contracts with the following laboratories to analyze samples collected under the ADMC Program:

Analytical Toxicology Laboratory (Ohio Department of Agriculture)
Animal Forensic Toxicology Laboratory (University of Illinois-Chicago)
Industrial Laboratories
Kenneth L. Maddy Equine Analytical Chemistry Laboratory (University of California, Davis)
Pennsylvania Equine Toxicology and Research Laboratory
University of Kentucky Equine Analytical Chemistry Laboratory

“For the first time, racing's labs will be harmonized and held to the same performance standards nationwide,” said Mosier. “Thoroughbred racehorses will be tested for the same substances at the same levels, regardless of where they are located or compete.”

Lab accreditation will eventually transition to the HISA Equine Analytical Laboratory standards, which will not take effect before 2024.

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HISA Issues Updated Withdrawal Guidance For Phenylbutazone

The Anti-Doping and Medication Control (ADMC) program has proposed enforcing the screening limit of phenylbutazone at 300 ng/mL in blood, rather than the previously established screening limit of 200 ng/mL in blood. HISA will file Guidance with the Federal Trade Commission that will implement this change in the enforcement of the screening limit. The RMTC's Scientific Advisory Committee (SAC) has been asked by industry stakeholders to review its withdrawal guidance of phenylbutazone based upon the updated proposed screening limit. Based on the updated screening limit of 300 ng/mL in blood and a single IV dose of 4.4 mg/kg, the SAC has reviewed all available data and is now recommending an updated withdrawal guidance of 72 hours for phenylbutazone. The RMTC's Withdrawal Guidance of HISA's ADMC Detection Times document will reflect those changes.

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HISA’s Anti-Doping And Medication Control Panel Members Revealed

Edited Press Release

The individuals who will comprise the Internal Adjudication Panel (IAP), which will hear Controlled Medication Rule Violation Cases under HISA's Anti-Doping and Medication Control (ADMC) Program, were announced Friday by HISA and HIWU.

IAP members, who will serve for 4-year terms as independent contractors to both HISA and HIWU, were selected for their deep equine regulatory experience. State stewards will be prohibited from participating in cases originating in their state of employment. All members of the panel will receive training on HISA's adjudication processes under the ADMC Program before they can hear cases and must complete continuing education on an annual basis to maintain their eligibility to serve.

“We are excited by the group we have assembled to hear Controlled Medication Rule Violation cases, which we expect to be the most common types of cases under the ADMC Program,” said Ben Mosier, HIWU's executive director. “With their extensive and diverse experiences in equine regulation, we are confident that they will act fairly and consistently during the adjudication process.”

“The Internal Adjudication Panel will play a significant role in the enforcement of the ADMC Program given HISA's distinction between medication overages and doping violations for the first time in our sport,” said HISA CEO Lisa Lazarus. “As such, I'm thrilled by the depth of knowledge and expertise each individual who has agreed to serve on the panel will bring to our adjudication processes, benefitting the entire racing community.”

The members of the IAP are as follows, with their “prohibited states” in relation to hearing cases included in parentheses where applicable:

Rick Abbott (PA)–chairs the Appeal and Review Committee of the National Steeplechase Association and was a member of the Pennsylvania State Horse Racing Commission from 1996 to 2009.

Eddie Arroyo (IL)–served as the senior state steward representing the Illinois Racing Board for 32 years.

Lisa Blackstone-current vice president of the Arabian Horse Association, chair of the United States Equestrian Federation's (USEF) Ethics Committee, and co-chair of USEF's Hearing Committee.

Barbara Borden (KY)–appointed chief steward for the Kentucky Horse Racing Commission in April 2012.

Patricia Bowman (IN)–currently a state steward with the Indiana Horse Racing Commission.

Lori Dinoto (OH)–works as a steward at both Mahoning Valley Race Course and Thistledown.

Connie Estes (NM)–deputy director of operations at the Texas Racing Commission and worked for the New Mexico Racing Commission as a state steward and for the Breeders' Cup as a safety steward.

Hilary Forde–director of HF Consult Sports Law and currently serves as a tribunal clerk for the International Federation for Equestrian Sports (FEI).

John Herbuveaux (CA)–steward for the California Horse Racing Board since 1983.

Duncan Patterson (DE)–currently chairman of the Delaware Thoroughbred Racing Commission, chairman of the Drug Testing Standards and Practices Committee for the Association of Racing Commissioners International (ARCI), and a member of the Stewards Advisory Committee for the NSA.

Diane Pitts–currently on the board of directors for the USEF and was reelected to a second term as a member of the Tribunal of the FEI.

Erika Riedl–was a clerk for the Tribunal of the FEI and is a Centre for Effective Dispute Resolution-accredited mediator.

Kim Sawyer (CA)–accredited as a steward since 1999 and employed by the California Horse Racing Board since 2005.

Eric Smith (IN–a ROAP Level I-accredited flat racing steward and currently the senior state steward for the Indiana Horse Racing Commission.

Edward Weiss (CA)–has been a litigator in private practice, an assistant U.S. attorney, and general counsel of Ticketmaster.

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