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HISA In Depth: The Procedures Surrounding A Provisional Suspension

Editor's note: This is the latest in a series in the TDN to help industry members better understand the procedures under the new HISA and HIWU regulations.

TDN: Please explain the rules on what happens during a Provisional Suspension. Are my employees still allowed to care for my horses? Can my assistant trainer be in charge? Or do I have to have them moved to an entirely new barn with new help?

HISA:It is true that there have been some changes in the procedures surrounding a Provisional Suspension, along with a lot of misinformation. Here is what happens when your horse tests positive for a Banned (not Controlled) Substance.

First, when you receive notification of a positive test, you can decide if you want to have the split, or B sample, tested.

If you do want to have it tested:

Your Provisional Suspension will not start until your B sample result comes back. During this time, you may continue to train and race your horses without interruption.
You must pay the B sample analysis fee ($2,000) within seven calendar days of requesting it. In cases of financial hardship, a payment plan may be available.
If your B sample result does not confirm the A sample finding, the case against you is dismissed and you are refunded the $2,000 for the B sample analysis.
If your B sample result confirms the A, you will be allowed to race any horses that you had already entered prior to notification of the B sample confirmation. In all other respects, your Provisional Suspension goes into effect when you are notified of the B sample results.

If you do not want to have the B sample tested:

You may race any horses entered to race prior to Notification of the positive test.
However, in all other respects, your Provisional Suspension goes into effect when you either waive your right to have the B sample tested or do not notify HIWU of your decision within five days of being notified of the A sample result.

It should be noted that there are exceptions to the opportunity to postpone the implementation of a Provisional Suspension:

There is a subset of Banned Substances that will trigger an immediate Provisional Suspension upon notice of the A sample result.
If a trainer has more than one horse test positive for the same Banned Substance within a six-month period or has received notices for potential violations related to a Banned Substance in addition to a positive test result (e.g., possession or use), they are not eligible for the delayed imposition of a Provisional Suspension.

TDN: What happens when your Provisional Suspension goes into effect?

HISA: You and your staff can continue looking after the horses under your care, however, these horses cannot breeze or be entered to race unless they are transferred to another responsible person (a trainer, for example) in a bona fide transfer approved by the stewards and registered in the HISA Portal.

You also:
a) must take down or cover any personal signage bearing your name or related to your operations where horses are located at the racetrack
b) cannot claim horses or bring new horses into your barn
c) cannot be employed within the Thoroughbred horseracing industry in any other capacity where you come into contact with covered horses (including, but not limited to acting as an agent for an owner or working as an exercise rider.
d) After the imposition of the Provisional Suspension, you can request a Provisional Suspension Hearing (limited to the issue of whether to lift the suspension) or a final hearing to conclude your case as soon as possible. A Provisional Suspension Hearing may be convened as soon as 48 hours after it is requested.

TDN: How long is my suspension for a banned substance?

HISA: A first offense for the presence (positive test result) or possession of a Banned Substance may result in a suspension of up to two years. The suspension may be shortened based on the specific circumstances of the case.

For example, the arbitrator hearing a case may issue a shorter suspension in their Final Decision based on the Covered Person's degree of fault for the positive test result or possession.

Suspensions may also be shortened if, the Covered Person:
1) agrees to an admission and acceptance of Consequences, or
2) provides Substantial Assistance to HIWU.

Time served under a Provisional Suspension is counted toward any final suspension (period of Ineligibility).

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PARX-Based Trainer Joe Taylor Latest to Be Provisionally Suspended by HIWU

According to a posting on the Horseracing Integrity and Welfare Unit (HIWU) website, Parx-based trainer Joe Taylor has been provisionally suspended after two horses he trained allegedly tested positive for banned substances.

On June 18, the Taylor-trained Cajun Cousin (Cajun Breeze) allegedly tested positive for Methylphenidate and Clenbuterol, both of which are banned substances. Two days later, Taylor sent out Classy American (Uncle Lino), who tested positive for the same two substances. Classy American finished second in a starter allowance while Cajun Cousin finished second in a $10,000 claimer.

Cajun Cousin would go on to win a $10,000 claiming race at Parx on July 12, before the results of the positive test had come back. She was claimed on July 12 by trainer Michael V. Pino for Smart Angle LLP. Under the Horseracing Integrity and Safety Authority (HISA)'s Anti-Doping and Medication Control (ADMC) program, a claim shall be voided if “the horse has a positive test for a prohibited substance.”

Methylphenidate is sold under the name of Ritalin, a common drug given to people battling attention deficit hyperactivity disorder. It has not been approved by the U.S. Food and Drug Administration (FDA) for use in horses. Clenbuterol is used for respiratory ailments but is also known for having steroid-like properties that can build muscle mass.

Taylor faces a suspension of up to two years.

Taylor led all trainers at Parx in 2019 when he had 103 winners. Training since 2010, he has 328 career wins from 2,011 starters.

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THA: What You Need To Know About New HISA Drug Sanctions

With the Horseracing Integrity and Welfare Unit's (HIWU) first pending rulings for medication and anti-doping related violations having just been made public, the Thoroughbred Horsemen's Association (THA) issued a reminder Thursday of the possible sanctions under this new federal framework.

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.

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HISA Submits Prohibited Substances List to FTC

The Horseracing Integrity and Safety Authority (HISA) has submitted to the Federal Trade Commission (FTC) a technical document listing and categorizing 1,365 Prohibited Substances covered by HISA's anti-doping and medication control (ADMC) rules and further dividing them into subcategories of Banned Substances and Controlled Medications. The document is now subject to final approval by the FTC ahead of the ADMC Program's Jan. 1, 2023 implementation date.

This technical document was developed by HISA's ADMC Standing Committee and approved by the Horseracing Integrity & Welfare Unit (HIWU), which will administer the program. In a memorandum to racing participants, HISA ADMC Committee Chair Adolpho Birch summarized the contents of the document submitted, which underwent several modifications based on substantive feedback from racing participants and experts during a public comment period before submission to the FTC.

“The Prohibited Substances List is the result of extensive consultation with industry and subject matter experts and is informed by established research. Once approved by the FTC, it will serve as the backbone of HISA's ADMC Program set to take effect in the New Year,” said Birch. “Through our collective efforts led by the ADMC Committee, we are proud to introduce U.S. Thoroughbred racing's first-ever uniform Prohibited Substances list that will be applied on a national basis to advance integrity, transparency and accountability in the sport.”

“Effective anti-doping programs require clear guidance on prohibited substances, and we are pleased with the document that was submitted to the FTC,” said Ben Mosier, executive director of HIWU. “This list will play a key role in HIWU's assignment to enforce HISA's ADMC Program, and we are prepared to take on this critical responsibility on behalf of the Thoroughbred industry.”

In addition to listing and categorizing all prohibited substances covered by the ADMC Program, the document details detection times, screening limits and thresholds. The modified document submitted to the FTC is available on the HISA website.

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