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Horseracing Integrity And Welfare Q&A: Denali Stud’s Craig Bandoroff

The Horseracing Integrity & Welfare Unit (HIWU) provided this Q&A with questions submitted by Craig Bandoroff of Denali Stud.

Although I've read explanations and have had people try to explain it to me I still don't understand why we test to such a small level. As I understand it a picogram is one-trillionth of a gram. How can that have any affect on a 1200-lb horse? Why do we test to such a small level? Are we using the ARCI recommended guidelines?

It is important to remember that a picogram is a measure of weight, not potency. While some legal drugs are more potent and are administered in low doses, others are less potent and require larger doses to achieve their intended effects. This is why the Screening Limits used by HISA are different depending on the substance.

It is also important to note that substance concentrations are reported “per milliliter.” Thus, the picogram amounts you read in a lab report must be multiplied by approximately 50,000 to reflect the total milliliters of blood that can be found in a horse.

The Horseracing Integrity and Safety Act requires HISA to adopt the standards used by the International Federation of Horseracing Authorities (IFHA), which are followed in nations around the world and independent of the ARCI's guidance, as a starting point. The IFHA's Screening Limits and Thresholds are vetted by the European Horseracing Scientific Liaison Committee, which is composed of veterinary pharmacologists, regulatory veterinarians, chemists, and other racing regulators, before being approved by the IFHA. There are certain substances, e.g., phenylbutazone, for which the ADMC Standing Committee decided to deviate from the IFHA's published recommendations based on additional science and industry-specific insight.

Everyone agrees the ultimate goal is to keep honest people honest and dishonest people afraid to break the rules. And that the objective is not to penalize trainers and owners that make honest inconsequential mistakes but rather catch the cheaters. Are we doing enough to catch the cheaters and those taking advantage of the system? The objective isn't to penalize honest trainers and subsequently their owners for honest mistakes that result in an insignificant overage and that don't affect a horse's performance, is it?

The Anti-Doping and Medication Control (ADMC) Program is designed to detect and deter those who intentionally try to break the rules, thus compromising the integrity of the sport and the welfare of equine and human athletes. The Program includes a test distribution plan that will focus on utilizing testing resources in a manner that will both detect and deter violations, including thorough intelligence-based target testing.

In addition, sanctions associated with Anti-Doping Rule Violations, which include the use or administration of substances that are prohibited from being present in a horse at any time (Banned Substances), are intended to be harsh.

However, there are significantly less severe penalties for offenses related to legal Controlled Medication Substances. For example, the penalty for a first offense related to a Class C medication such as phenylbutazone or methocarbamol is the disqualification of race-day results and a fine of up to $500. There is no suspension.

For many types of cases, direct penalties for the Covered Person(s) involved can be reduced or eliminated depending on the degree of fault determined by the adjudicator(s) hearing the case.

Promoting integrity of the competition and welfare of the horse are two key pillars of the ADMC Program. In support of these two principles, the regulations require that disqualifications are upheld for positive tests regardless of fault in acknowledgment of the fact that the integrity of the race and/or the welfare of the horse may have been compromised by the presence of a Prohibited Substance in the horse's system.

On a national scale, HIWU's team includes an investigations unit that will utilize data science, intelligence from local investigators and racing officials, e.g., stewards and regulatory veterinarians, and information received from HIWU's anonymous whistle blower platforms. This group's objectives are to identify and catch those who commit violations of the Program, especially the most egregious offenses. HIWU Director of Intelligence & Strategy Shaun Richards brings 23 years of experience with the FBI and initiated and directed the criminal investigation that ultimately resulted in the indictments of more than 30 individuals, including trainers Jorge Navarro and Jason Servis.

What are we doing about positives that are possibly the result of contamination or human error? I was involved in a case that it seemed that the positive was a result of contamination at some point. A Hall of Fame trainer with a pristine record had a horse test positive for a sedative drug he said he doesn't use and the horse was never given. The horse ran his eyeballs out that day. My owner lost the $40,000 purse. We think the sample was contaminated or perhaps nefarious behavior took place, or someone along the chain of testing made a mistake. I guess a positive is a positive and if you break the rules you are going to be penalized. Even so, that's not what we should be trying to do in regulating horse racing, is it? Do we have anything in place to address these types of situations?

The ADMC Program includes an Atypical Findings Policy that is intended to address cases of environmental contamination. Under this Policy, if a laboratory detects the presence of the following types of substances, it will report the result as “Atypical,” NOT “positive”:

Specified Substances that pose a higher risk of being present due to environmental contamination, e.g., caffeine, cannabinoids, ractopamine, scopolamine, zilpaterol;

Endogenous substances, e.g., testosterone; or

Substances that pose a high risk of contamination but have yet to be identified.

When an Atypical Finding is issued, an investigation will be launched by HIWU, and the horse's trainer and/or owner will have the opportunity to provide information that can explain the presence of the substance. Examples of evidence could include proof that the horse consumed feed or bedding that was shown to have been contaminated with the substance in question. The trainer could also provide veterinary evidence indicative of the levels of the substance present in the horse naturally.

If HIWU determines that the Atypical Finding was due to environmental contamination and/or that the substance was not exogenously administered based on information gathered, the laboratory result will be considered negative, and no further action will be taken in connection with the result. Consequently, there will be no loss of purse money or imposition of any other sanctions.

The Atypical Findings Policy is intended to protect trainers from being punished for substance exposures beyond their control.

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RMTC Completes Analysis Of HISA Withdrawal Guidance

The Racing Medication and Testing Consortium's Scientific Advisory Committee has now completed its analysis of HISA's proposed ADMC screening limits and detection times and has developed a withdrawal guidance limited to RMTC's schedule of Controlled Therapeutic Substances. This withdrawal guidance is based on existing research and administration data. The complete withdrawal guidance, which is subject to change, can be found here.

The intention is for the RMTC to provide the industry with scientifically derived information to aid attending veterinarians and horsemen in making medication decisions and to avoid preventable errors, promote compliance with HISA's regulations, and provide all available information in advance of HISA's expected ADMC implementation date of March 27.

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HISA Issues Notice On Use Of Bisphosphonates

Edited Press Release

In advance of the anticipated effective date of HISA's Anti-Doping and Medication Control (ADMC) Program March 27, the Horseracing Integrity & Welfare Unit (HIWU) calls the Thoroughbred industry's attention to regulations regarding the presence and use of bisphosphonates in covered horses.

Bisphosphonates are a class of medication prescribed for managing clinical signs associated with navicular syndrome in horses 4-years-old or above. They also have a history of extra-label use in younger horses. Bisphosphonates may be detected in samples from treated horses for months to years after administration.

The ADMC Program regulations categorize bisphosphonates as a Banned Substance, meaning that they are prohibited from being administered to, or present in, covered horses at any time. Covered horses that test positive for bisphosphonates under the ADMC Program are subject to lifetime ineligibility, and associated covered persons may incur an Anti-Doping Rule Violation.

Given the prolonged detection period for bisphosphonates and the fact that their use is permitted in other racing jurisdictions internationally:

HIWU will not pursue disciplinary action against covered horses or their associated covered person(s) for the presence of bisphosphonates if the covered person(s) can provide documentation (e.g., medical records or a positive test result) to HIWU of the administration or presence of bisphosphonates prior to the implementation date of the ADMC Program. In accordance with HISA's requirements for covered horses, all medical records, including any relevant test results, must be uploaded to the HISA portal. Additionally, due to the variability of bisphosphonate detection through laboratory analysis, all bisphosphonate findings detected under the ADMC Program will undergo thorough review regardless of the alleged timing of administration.

If owners or horsemen have concerns that their horses may have been administered bisphosphonates prior to March 27, including prior to a sale at public auction domestically or internationally, HISA and HIWU advise them to consider bisphosphonate screenings for these horses before the ADMC Program takes effect.

The Horseracing Integrity and Safety Act does not enable HISA's ADMC Program to be enforced retroactively for actions occurring prior to its implementation. The detection of administrations from prior to March 27 that violate respective state rules in effect during that time period will be referred to the relevant state regulatory authorities.

While bisphosphonates continue to be permitted in Thoroughbred racehorses in international jurisdictions, any covered horse proven to have been administered bisphosphonates after the March 27 implementation date will be subject to lifetime ineligibility, and associated covered persons may incur an Anti-Doping Rule Violation.

For questions about the use of bisphosphonates and other substances on the ADMC Prohibited List, stakeholders are encouraged to visit here and reach out to HIWU Chief of Science Dr. Mary Scollay at mscollay@hiwu.org.

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HISA Q&A: The ADMC Program

Edited Press Release

With the anticipated March 27 implementation of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program approaching, it's increasingly important for all racing participants to understand how the Program will work. The following are HISA's answers to five frequently asked questions about the ADMC Program.

How will the new HISA ADMC Program impact the lives and workflow of horsemen?

The ADMC Program is designed to create centralized testing and results management processes and apply uniform penalties for violations efficiently and consistently across the country. Its rules will institute uniformity across jurisdictions, consistency in how laboratories test for substances, and swift and efficient adjudication practices.

Under the Horseracing Integrity and Welfare Unit (HIWU), all sample collection personnel will receive in-person training on HIWU's uniform chain of custody process and digital data collection technology. The HIWU app that sample collectors will use will significantly reduce the previously required paperwork involved in the testing process and enable horsemen to receive electronic receipts of their horses' sample collection.

For the first time, labs across the country will be testing for the same substances at the same levels. The ADMC rules establish separate categories for Prohibited Substances that are allowed outside of race day and other specific periods (i.e., Controlled Medications) and substances that are never allowed to be in a horse (i.e., Banned Substances). This system is meant to appropriately penalize those who use Banned Substances, while being sensible and proportionate when it comes to Controlled Medication violations.

In addition to in-competition testing at racetracks, HIWU will introduce a strategic Out-of-Competition testing program that will incorporate intelligence and data analysis in the selection of Covered Horses. Responsible Persons (i.e., trainers) of Covered Horses selected for Out-of-Competition testing will have the option of either having their horse tested wherever it is currently located, or at another mutually agreed upon site as long as the Covered Horse is made available for testing within six (6) hours of notification.

To support its Investigations Unit, which will work to identify bad actors through intelligence gathering from industry participants and data analysis, HIWU will launch anonymous whistleblower platforms to enable individuals to anonymously submit concerns regarding suspected violations of the ADMC Program.

Who is in charge of HIWU, the organization tasked with implementing the ADMC Program?

HIWU was established by Drug Free Sport International (DFSI) to be the independent enforcement agency of HISA's ADMC Program. HIWU is independent from, but in frequent communication with, HISA on the implementation of the ADMC Program. HISA's ADMC rules are ultimately vetted and approved by the Federal Trade Commission (FTC).

HIWU is led by Executive Director Ben Mosier, who has overseen anti-doping programs for the NBA, the PGA Tour, MLB's Minor League Program, and NASCAR.

HIWU's chief of operations, Kate Mittelstadt, previously served as director of the Anti-Doping Program for IRONMAN and has held multiple roles with the World Anti-Doping Agency and Association of National Anti-Doping Organizations. Mittelstadt was also one of the first employees hired by the U.S. Anti-Doping Agency.

HIWU's general counsel, Michelle Pujals, was a member of the NBA's legal department for more than 20 years, where her duties included results management for, and investigations related to, the NBA's various drug programs and allegations of player and staff misconduct. Before joining HIWU, she was the owner and principal of Tautemo Consulting, LLC, a legal and sports consulting firm.

HIWU Chief of Science Dr. Mary Scollay was most recently the executive director and chief operating officer of the Racing Medication & Testing Consortium, prior to which she worked for more than 30 years as a racing regulatory veterinarian, including 11 years as the Kentucky Horse Racing Commission's equine medical director.

How does the ADMC adjudication process work and what happens if someone is charged with a violation?

Violations under the ADMC Program are categorized as Anti-Doping Rule Violations (ADRV), which involve Banned Substances and Methods, or Controlled Medication Rule Violations (CMRV), which involve Controlled Medications and Methods. There will be harsher penalties associated with ADRVs.

ADRV cases will be heard by an Arbitral Body chosen and appointed to cases by JAMS, a world-renowned arbitration and mediation provider with a panel of retired lawyers and judges who are experienced in anti-doping and sports adjudication. Before selecting individuals to hear cases, JAMS will ensure that there are no conflicts of interest between potential adjudicators and the Covered Person(s) involved.

CMRV cases will be heard by appointees to the Internal Adjudication Panel (IAP), a group of 15-20 members selected by HISA and HIWU based on their previous equine regulatory experience. The IAP pool includes state stewards, who are only permitted to hear cases that do not originate in the state in which they are employed, and others with equine regulatory experience. IAP members will be appointed to hear specific CMRV cases on a rotating basis following conflicts-of-interest checks.

All members of both the Arbitral Body and IAP must undergo initial training and continuing education on the ADMC regulations to be eligible to hear and decide cases.

When charged with an ADRV, Covered Persons and Horses will usually be issued Provisional Suspensions, during which time they will be ineligible to train or race until the matter has been resolved and associated penalties have been served. Covered Persons subject to Provisional Suspension are not permitted to be involved in any activity involving a Covered Horse at a racetrack or public training facility. They can, however, request a timely Provisional Hearing to advocate for lifting the Provisional Suspension.

For most alleged CMRVs, Provisional Suspensions will not be issued unless the Controlled Medication was used within a period of Ineligibility defined in the Prohibited List.

For both ADRV and CMRV cases, Covered Persons are entitled to the opportunity to provide written submissions and present evidence on their behalf to the assigned adjudicator(s).

HIWU is required to publicly disclose the resolution of an ADMC Program case within 20 days of (1) a final decision, (2) a resolution between HIWU and the Covered Person, or (3) the withdrawal of a charge by HIWU. Final decisions of the Arbitral Body and IAP can be appealed to a federal Administrative Law Judge.

ADMC violations that arise from a Post-Race Sample or that occur during the Race Period automatically lead to the disqualification of race-day results. For ADRVs, any other results that the Covered Horse obtained from the date the ADRV first occurred will also be disqualified.

If a horse is disqualified due to an ADRV or CMRV, all purses and other prizes will be forfeited and redistributed accordingly. When possible, the purse for the Covered Horse involved in the alleged violation will be withheld until a resolution has been reached.

While the purse will be affected by ADMC violations and disqualifications, the wagering payouts that are published after a race is declared official on race day are the final payouts, regardless of any disqualifications subsequently issued.

How are HISA and HIWU preparing the sport for implementation of the rules?

HIWU staff have so far visited all racetracks that will be racing on March 27 and met with local test barn staff, veterinarians, stewards, and other personnel to observe current practices, evaluate test barn facilities, and help prepare personnel on the ground for the implementation of the ADMC Program. HIWU will visit each racetrack prior to their next meet start date after March 27 and hold in-person training events for test barn personnel prior to collections being conducted at each location. Over the last several months, the HIWU team has also met with industry stakeholder groups in-person and virtually to discuss the ADMC Program and answer questions.

HIWU plans to visit numerous tracks ahead of the expected March 27 implementation date to talk to stakeholders and encourages industry organizations interested in hosting informational sessions where members can speak with the HIWU team to email info@hiwu.org to request to schedule a virtual or in-person meeting. Visits and outreach will continue after implementation, as well.

The HIWU website is also home to educational material on the Prohibited List, Detection Times and Screening Limits, test types, results management, and more. Additional educational materials will continue to be published and shared broadly with the industry.

How will the ADMC rules improve racing and help the sport grow?

The ADMC Program is central to HISA's mission to ensure the integrity of racing to the benefit of participants, fans, and bettors. HISA's rules are designed to improve the safety and welfare of horses and restore public trust in the sport.

Bettors will be able to trust that the product on the track is fair and that cheaters are not welcome in Thoroughbred racing. All signs indicate that the enforcement of consistent, national ADMC rules will ultimately lead to broader public interest, including from younger audiences, and increased wagering.

Importantly, besides making the sport safer and fairer, the ADMC Program will also make the jobs of many horsemen easier as the patchwork of state-by-state rules are replaced with a unified, streamlined anti-doping regulatory system.

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