The IHRB and BHA are now formally conducting joint out-of-competition-testing operations across both jurisdictions. These inspections started this week with almost 250 samples taken from more than 120 horses that are entered for the upcoming Cheltenham Festival in an operation across 14 training premises in Ireland over the last two days.

In Ireland, the organisations will work together and operate under IHRB Standard Operating Procedures, and all samples will be considered as IHRB samples. BHA protocols will be in effect when the BHA and IHRB are working together in the UK, and they will be under BHA jurisdiction. In both instances, there will be transparent exchange of any adverse results or screening findings that arise from these tests, with all samples being tested by LGC Laboratory, one of six laboratories worldwide which is recognised as a referenced laboratory by the International Federation of Horseracing Authorities (IFHA).

Dr Lynn Hillyer, chief veterinary officer for the IHRB, said, “The IHRB Strategy 2024-2027 commits us to close engagement with international horseracing bodies and benchmarking ourselves against best international practice. This new venture shows stakeholders and the racing public that we collaborate as professionals across both sides of the Irish Sea, sharing best practice and resources and demonstrating equally stringent regulatory processes and standards to the extent that our anti-doping and medication control programmes are interoperable.”

James Given, director of Equine Regulation, Safety and Welfare, said, “Not only will our Medication Control and Anti-Doping (MCAD) team have access to more information about visiting horses, but there will be opportunities for our wider team to share ideas and best practice in other areas of our work.”

The post New Equine Anti-Doping And Medication Control Initiative Launched By BHA And IHRB appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

As the THA points out, taken as a whole the penalty scheme under the Horseracing Integrity and Safety Act (HISA) is significantly more stringent than that imposed previously by state commissions.

These new sanctions pertain to medication positives and other anti-doping related infractions that come after May 22, when HIWU's Anti-Doping and Medication Control (ADMC) program went into effect.

Two of the pending final rulings issued on HIWU's website concern the possible possession of banned substances–namely the thyroid medication Levothyroxine. The other concerns the possible presence of cobalt, another banned substance, in a test.

The trainer facing possible sanctions for an alleged cobalt positive is Mario Dominguez. The horse in question is Petulant Delight. According to HIWU, the date of the alleged violation is May 24, the same day Petulant Delight won a claiming race at Parx Racing. HIWU provides no other details on the circumstances behind the alleged violation.

As the THA points out, all Anti-Doping violations “which include the Presence of, Use or Attempted Use of, Possession of, or Administration or Attempted Administration of a Banned Substance” carry a potential two-year suspension and a fine of up to $25,000.

Click here for a list of “Banned Substances” under the ADMC Program.

Provisional suspensions for these violations are imposed immediately and can only be lifted through a provisional hearing.

When it comes to the “Use or Attempted Use or Administration or Attempted Administration of a Controlled Medication Method”–like milk-shaking–the possible penalties are as follows:

1st Offense, 60 days, up to $5,000 fine or 5% of the purse, loss of purse

2nd Offense within a 2-year period, 90 days, up to $10,000 fine or 10% of the purse, loss of purse

3rd Offense within a 2-year period, 120 days, up to $25,000 or 25% of the purse, loss of purse

All “Controlled Medication Violations” result in the loss of the purse. Class A and Class B violations result in a suspension for a first offense, and more than one Class C offense in a two-year period will also result in a suspension.

Click here for a list of Controlled Therapeutic Medications.

The possible penalties for Controlled Medication violations are as follows:

Class C

1st Offense, up to $500 fine, loss of purse

2nd Offense within a 2-year period, 15 days, up to $1,000 fine, loss of purse

3rd Offense within a 2-year period, 30 days, up to $2,500 fine, loss of purse

Class B

1st Offense, 15 days, up to $1,000 fine, loss of purse

2nd Offense within a 2-year period, 30 days, up to $2,500 fine, loss of purse

3rd Offense within a 2-year period, 60 days, up to $5,000 fine, loss of purse

Class A

1st Offense, 60 days, up to $5,000 fine or 5% of purse, loss of purse

2nd Offense within a 2-year period, 90 days, up to $10,000 fine or 10% of purse, loss of purse

3rd Offense within a 2-year period, 120 days, up to $25,000 fine or 25% of purse, loss of purse

According to the THA, HIWU chief of science, Mary Scollay, advises trainers to give the barn, tack room and feed room a regular thorough cleaning. Ensure that all medications are properly labeled and stored, and remove any banned substances or expired medications from the premises.

Contact Scollay if you have a question about any supplements you may be using. You can text her a photo of the label to (859) 489-7677 to help determine if it is considered a banned substance.

Click here for more information about dietary supplements.

The post THA: What You Need To Know About New HISA Drug Sanctions appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Transparency: The ADMC Program requires public disclosure of alleged Anti-Doping Rule Violations once the Covered Person has been notified of the violation and Provisionally Suspended. The alleged violation will be reported by HIWU on its website, and the public information disclosed will include the date of the collection, the name of the Covered Person, the identity of the Covered Horse, the alleged ADMC Program Rule Violation, and the Prohibited Substance or Method detected/involved. Alleged Controlled Medication Rule Violations will be publicly disclosed once the B (“split”) Sample is confirmed by another lab or analysis of the Sample is waived by the Covered Person. In short, it will take weeks, not months, for an alleged violation to come to light.

Efficiency: The ADMC Program articulates specific timelines for the results management and adjudication processes, and parties can request an expedited hearing to resolve the eligibility of a Covered Person or Covered Horse prior to an upcoming race. Hearings of Anti-Doping Rule Violations will be held within 60 days of being requested, absent exceptional circumstances. Controlled Medication Rule Violations will generally be adjudicated in a few months. In summary, cases will not drag on for years.

Consistency and Fairness: In addition to samples being tested to the same levels and standards regardless of which laboratory performs the analysis, all alleged violations will be subject to the same penalties regardless of jurisdiction. Cases will be adjudicated by members of an independent Arbitral Body (Anti-Doping Rule Violations) or the Internal Adjudication Panel (Controlled Medication Rule Violations). For all cases, adjudicators will be selected so as to be free from conflict of interest, thus addressing any integrity concerns in the prosecution of cases.

The post HISA’S ADMC Program To Take Effect May 22 appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

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.

The post HIWU Set to Administer HISA Anti-Doping and Medication Control Program appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

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.

The post HISA’s Anti-Doping And Medication Control Panel Members Revealed appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Ed has been defending the status quo for years. In 2018, and again in 2020, Ed testified before Congress against the then-forerunner to the Horse Racing Integrity and Safety Act, saying it was “a radical and unnecessary federalization of a state responsibility that is exercised effectively.”

Exercised effectively?

Clearly, he chooses to ignore the March 2020 federal arrests, and ultimate convictions, of the 27 trainers and veterinarians who, incidentally, operated worry free for years under Ed's racing commissioners. He chooses to ignore that our industry is no longer operating in a vacuum, that our equine athletes have advocates outside the racetrack and they have influence with state and federal legislators. Finally, Ed chooses to ignore that HISA has been working hard, and for the most part cooperatively, with states and racetracks to implement HISA rules.

Ed needs to be reminded, again, how we got here.

Over decades, regulators have repeatedly “promised” to clean up horse racing. There have been countless calls for rule uniformity since I can remember. Virtually every industry conference has touted the future as having standardized nationwide rules with more vigorous enforcement. The concept is nothing new, but because of HISA, this is the first time the goal is truly within our grasp.

The Racing Medication and Testing Consortium did a lot of good for the industry, but the nationwide reform we thought would come from it never materialized. I had hopes for the National Uniform Medication Program (NUMP), but once again, the regulatory authorities of different jurisdictions were unable to enact the same rules and regulations across the nation. In 2020, The Jockey Club developed a scorecard for the NUMP to see if it was effective. It wasn't. Only nine states had fully adopted all four phases of the program; 16 states had adopted only one. Mid-Atlantic states joined forces over the years to come into compliance with NUMP, but most other regions did not.

Ed has long suggested that a federal racing compact among the state regulators is all that we need. He conveniently omits that there already is a compact, and it has attracted virtually no support from the membership of the ARCI. With the ability of individual states to opt out of rules they do not favor, the compact all but guaranteed the same morass of inconsistent and conflicting rules among the states so many key industry participants have long wanted to correct.

Ed wrote, “It's hard for some of us who have been around for a while to watch as this situation could have been avoided.” In a way, he's right about that point. HISA would never have had an adverse legal decision if the Horseracing Integrity and Safety Act had never become law. But, for those of us who want change, Ed's worn-out proposals to “get everyone in a room and come up with an alternative approach to avoid the endless and costly litigation” reflects an inability to either understand or appreciate that there is a divide in this industry between those who savor the illusionary comfort of the status quo and those who know that if racing is going to truly survive it must make safety of our athletes and integrity of our game our preeminent goals.

Perhaps Ed has been fighting against HISA since the beginning because he's afraid people will realize that the ARCI failed its mission. According to ARCI's website, it sets “…international standards for racing regulation, medication policy, drug testing laboratories, totalizator systems, racetrack operation and security, as well as off-track wagering entities.” So, HISA is making medication regulation standards uniform and meaningful, something ARCI has never been able to do.

It is abundantly clear to anyone inside or outside of racing that our current state-based anti-doping, medication control and safety rule structure is not equipped to create national uniformity and set high standards for safety and integrity.

As we learned in March of 2020, it took the resources of the FBI and outside investigators to get the job done and bring justice to the blatant cheaters manipulating racing, while at the same time, laying bare the incompetence of the regulators that were supposed to be protecting the sport. The Jockey Club has long supported the creation of a nationwide approach grounded in federal law because we realize that horse racing, as a national sport, cannot survive if history keeps repeating itself and national uniformity is never achieved.

Yet once again, Ed Martin is defending the status quo. Don't let him rewrite a history that he deservedly owns.

—James L. Gagliano, President and COO, The Jockey Club

The post Letters To The Editor: James Gagliano appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

“This has nothing to do with wanting uniform rules or having a central rule-making authority, two things the ARCI supports,” said Ed Martin, ARCI President. “This all has to do with avoiding a situation where an enforcement action is overturned because the authority of the enforcing entity to act is in question. The potential exposure to the entire sport is avoided by leaving the existing state rules and enforcement in place until this gets sorted out.”

The ARCI Board voted unanimously to make a similar request in early December and the FTC shortly thereafter rejected the proposed HISA rules without prejudice citing reasons of the underlying legal uncertainty. With the Fifth Circuit Court's rejection earlier this week of HISA's petition based on changes made recently to the Act, the potential for regulatory chaos remains.

The filing made today reads as follows:

“ARCI requests that the FTC yet again reject the Rules or, at the very least, withhold decision until all legal challenges to the Act are finally adjudicated. As you might know, in addition to the federal court case that led to the Fifth Circuit's ruling, other litigations raising material questions about the legitimacy and constitutionality of the Act remain pending. Moreover, after HISA resubmitted the proposed Rules, the Fifth Circuit denied HISA and the FTC's petition to vacate the court's earlier ruling and for a rehearing, meaning two important things: (1) by mandate of the Fifth Circuit, the preliminary injunction prohibiting HISA enforcement in states within the Fifth Circuit will return to full effect and no longer be stayed; and (2) the Fifth Circuit's decision that the Act is unconstitutional will stand for the time being.

Once again, the FTC is in a unique position to restore some level of regulatory certainty to the horse-racing industry. It should do so by quickly and publicly announcing what it already determined a few weeks ago–that it will not approve HISA's proposed rules at this time. A decision to the contrary would come at too great a cost, as it would lead to regulatory uncertainty, exacerbate existing confusion throughout the horse-racing industry, and seriously compromise public interests.”

Should the FTC approve the HISA rules and penalties were imposed for a violation of those rules, the action could be appealed and potentially overturned and wiped away due to the finding in the Fifth Circuit that HISA is unconstitutional.

Likewise if a racing commission enforces the existing State anti-doping rule and penalties imposed for a violation are appealed using the argument that the federal rule preempts state action the possibility that it can be overturned also exists.

The only way to avoid this Catch-22 is to leave state rules and enforcement in place by delaying final action on the HISA ADMC rules.

The ARCI has not taken a position on the pending litigation, although some member states have and are litigating the constitutionality of the Act. In August, Martin called for HISA to sit down with all litigants and negotiate a way out. That did not happen.

The post Statement On HISA’s Anti-Doping Rules From ARCI appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The BHA said in a statement, “A review of the pilot, which has tested more than 1,300 samples, is now underway to determine what can be learned and agree with the [Professional Jockeys' Association] (PJA) on a combined approach to a robust testing model. We will also be working with Sean Levey to determine how his positive sample came about in order to understand what challenges could be faced and different approaches that could be used when testing in the future. The pilot was a collaboration with the PJA and there has been a notable reduction in positive cases since its inception. It's important we incorporate all feedback and make improvements where necessary to ensure we continue keeping racing safe, fair and clean.”

The post BHA Halts Saliva Testing Programme appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

Racing Medication and Testing Consortium (RMTC) has announced their support of post-doctoral training by funding a Fellowship Program beginning in 2022.

The need for establishing such a program is two-fold:

• To promote a sustained research program with a core focus on anti-doping, to include topics related to drug testing, development of new analytical methods with application to racing chemistry, pharmacokinetics/pharmacodynamics, forensic toxicology, or other related disciplines. The future of horseracing's anti-doping programs requires mentoring young scientists to become researchers, racing laboratory directors, and industry leaders. Innovation and application of newer, more sophisticated technological advancements will come from those young scientists.

• To establish a mechanism to identify, recruit, and retain young scientists and encourage their research pursuits relevant to horse racing's need for a rigorous anti-doping program and the promotion of enhanced safety for racehorses.

“The recruitment and retention of motivated, highly trained personnel and support competitive research programs are critical to anti-doping, medication control, and racing safety programs, said Dr. Mary Scollay, Executive Director and Chief Operating Officer. “The racing industry has a responsibility to solicit qualified individuals, support their advanced training, provide incentives for relevant research programs, and foster productivity in research laboratories.”

Relevant fields of study have historically included veterinary pharmacology, veterinary or human toxicology, and analytical chemistry. More recently other disciplines, including genetics, biophysics, and immunology have become relevant to anti-doping. Scientists trained in these disciplines are encouraged to apply for the Fellowships.

The post RMTC Announces Post-Doctorate Fellowship Program appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The draft Racetrack Safety regulations that were submitted to the FTC earlier this month will be implemented as scheduled by the FTC on July 1, 2022, following review, public comment and education periods. There will be a temporary delay in submission of the Anti-Doping and Medication Control draft rules to the FTC until a new independent agency can be identified and an agreement finalized. This will allow HISA and another independent enforcement agency to reach an agreement and build on the progress that has been made to-date with USADA. HISA anticipates this process will permit the full implementation of the final ADMC rules in early 2023.

“We are deeply grateful for USADA's hard work, expertise and leadership in working with HISA's Anti-Doping and Medication Committee to develop comprehensive draft rules in a remarkably short period of time,” said HISA Board Chair Charles Scheeler. “HISA will continue our search for an independent enforcement agency to oversee the Medication Control protocols. The Authority will also work with the FTC to ensure the Racetrack Safety Program advances on schedule. When operational, the program will provide critical enhancements to protect the health and safety of equine and human athletes.”

The post Unable To Reach Final Terms: Horseracing Integrity And Safety Authority Suspends Negotiations With USADA appeared first on Horse Racing News | Paulick Report.

Source of original post