Clenbuterol Q&A With Dr. Rick Arthur

The tide is turning on clenbuterol. Within the past month, regulators and racetracks nationwide have announced new initiatives to quell its abuse. New prohibitions are in the pipeline for the New York State Gaming Commission, the Maryland Racing Commission, Gulfstream Park, Oaklawn Park and an alliance of Mid-Atlantic racetracks.

On May 1, the Canadian Pari-Mutuel Agency started banning clenbuterol 28 days out from race day at tracks country-wide. The California Horse Racing Board (CHRB) took action four months before that, enacting a years-in-the making, zero-tolerance clenbuterol clampdown that began New Year’s Day 2020.

Drawing upon 10 1/2 months of perspective so far, TDN wanted to hear from Rick Arthur, DVM, the CHRB’s equine medical director, to find out what California regulators and racetrackers have learned since the ban went into effect. Arthur fielded questions during a Nov. 17 phone interview, and an edited transcript of the conversations follows.

TDN: Please open with a condensed history of clenbuterol’s rise in California from a bronchodilator to treat equine airway disease to a widely abused drug known to mimic the muscle-building properties of anabolic steroids.

RA: It is a very effective drug for lower airway disease. It is, I think, one of the better drugs I saw introduced during my years of practice. It just wasn’t being used for small airway disease in some of the stables that we saw.

Shortly after the ban on anabolic steroids [by the CHRB in 2008] we started seeing an increase in the use of clenbuterol, primarily in Quarter Horses, but also in Thoroughbreds. In fact, in out-of-competition testing [OOC] we found 58% of Thoroughbreds and 100% of Quarter Horses had clenbuterol in blood tests. It became clear that it was an issue, and there were trainers who were very adept at using a lot of clenbuterol and still being able to get below the threshold level, which at the time was 5ng/ml in urine, which is fairly high.

Finally, the Quarter Horse industry came to us and said we need to do something about this. And what we did was eliminated the authorization for clenbuterol. And then some Thoroughbred trainers shortly thereafter asked us to do the same thing, which we did [in 2012]. So what happens is, if one guy is using clenbuterol, everybody has to use it, right? It does have a partitioning effect [that promotes lean muscle mass].

So what we did is we eliminated the authorization for clenbuterol. At the time our detection time was roughly between 14 and 21 days. And for the most part that worked fairly well. But what we saw in Quarter Horse racing is there were still certain trainers that were still able to find ways to use clenbuterol to their advantage.

The CHRB adopted the Racing Medication and Testing Consortium [RMTC]’s 140pg/ml threshold in blood in October 2014. In 2015, Quarter Horses reverted back to no authorized level-no threshold. And then that Quarter Horse regulation for clenbuterol became effective for Thoroughbreds on Jan. 1, 2020.

   TDN: And what is the plain-language explanation of CHRB Rule 1866.1? (Read the full version here).

   RA: Any horse who is treated with clenbuterol goes on the vet’s list. That horse stays on the vet’s list until it tests negative for clenbuterol in both blood and urine after working out. Even though it doesn’t have a specific stand-down [time frame], it is very hard to get a horse of the vet’s list that’s been treated with clenbuterol within 30 days. Most of them [stay on the list] quite a bit longer, just as a practical matter. But that’s how the rule reads: To prescribe clenbuterol, you have to have [an appropriate respiratory] diagnosis. You have to report the dosage. You can’t have a prescription that goes for over 30 days.

   TDN: What has the CHRB learned about clenbuterol since the new rule went into effect?

   RA: Most practicing veterinarians say that even though they miss the drug, they have not seen very many negative effects. And we [as regulators] certainly have not seen any negative effects so far this year from not having clenbuterol. They can still use it if really needed, but the restrictions make it difficult to use with an actively racing horse.

I’m sure there would be some trainers who would like to use clenbuterol, in terms of horses, particularly, that aren’t receiving Lasix. Those horses would be treated after their races. But we haven’t seen that. We monitor this with [OOC] hair testing, and when we see clenbuterol in hair, we require the trainer to show us a prescription for that drug in our OOC regulations. In fact, all of the horses [this year] that have tested for clenbuterol in hair have been treated outside of California. That number would probably be a dozen, roughly.

We still see clenbuterol prescribed occasionally. It’s still being used, but we don’t see it in blanket use that we saw previously. Those horses are on the vet’s list, and I don’t think any of them started within 30 days of being treated with clenbuterol.

TDN: As you watch other jurisdictions crafting clenbuterol rules, what advice would you have for those regulators or for racetrack officials considering in-house policies?

RA: I think testing the horse to be clear of clenbuterol is key. From our experience with the drug, which is pretty extensive, trying to set a withdrawal time-like 30 days, which some jurisdictions are talking about-is not adequate. There’s enormous individual variation with this drug, and I think that before a horse is allowed to enter, they should prove that they have no clenbuterol in their system with a urine test.

TDN: Regulators are always involved in a cat-and-mouse chase with dopers who are one step ahead of the rules. Now that the window of abuse on clenbuterol is closing, what under-the-radar performance-enhancing substance or practice is likely to surface next?

RA: It’s not really under the radar. We are concerned with SARMs [selective androgen receptor modulators]. Those are a class of drugs that have anabolic-like activity, but they are not really anabolic steroids. We’ve seen some of them in testing already. The RMTC has recommended that a number of those be classified as serious violations. So that is a group of drugs that I think that we have to pay attention to.

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Justify, Hoppertunity Connections Seek Court Block of CHRB Scopolamine Re-Hearings

Trainer Bob Baffert, plus the owners and two jockeys who rode the undefeated 2018 Triple Crown winner Justify and the MGISW Hoppertunity, filed a legal petition against the California Horse Racing Board (CHRB) Oct. 13, alleging that the CHRB’s recent decision to reopen hearings on two scopolamine positives from those horses in 2018 amounts to “arbitrary, capricious, and unlawful conduct” that purportedly targets Baffert and his clients unfairly while supposedly damaging the horses’ reputations as stallions.

The petition, filed Tuesday in Los Angeles County Superior Court, seeks a judgment, injunction, and “peremptory writ of mandate commanding Respondent CHRB to dismiss the Complaints filed against Petitioners and cancel all hearings on the matter.”

The petitioners–Baffert, WinStar Farm LLC, China Horse Club, Head of Plains Partners LLC, Starlight Racing, Michael Pegram, Karl Watson, Paul Weitman, Mike Smith, and Flavien Prat–are also going after the CHRB for unspecified monetary damages, attorney fees, and court costs, plus “other, different, or further relief as the Court may deem just and proper,” according to the 26-page court filing.

“This action challenges the CHRB’s groundless decision to reopen a closed matter and conduct a retroactive hearing with an apparently foregone conclusion to disqualify and redistribute winnings from horse races that occurred two and a half years ago. When those races [the [GI] Santa Anita Derby and [GIII] Tokyo City Cup] were run in April 2018 and two horses (Justify and Hoppertunity, respectively) were declared the winners, the CHRB decided the very issue it is seeking to revisit now,” the court documents state.

“The CHRB has no legal or factual basis for reopening its prior final decision,” the filing continues. “As the CHRB knew when it decided this issue in 2018, both Justify and Hoppertunity tested positive for scopolamine just after their respective races in April 2018. But after a thorough investigation and deliberation, consistent with the well-established equine science and its very own governing statute and rules, the CHRB correctly decided that the positive results were due to naturally occurring contamination in the horses’ feed and therefore dismissed the matter. Now, after almost two and a half years, the CHRB has issued complaints and announced it intends to hold a hearing [Oct. 29] to consider retroactively disqualifying these two horses.”

The filing contends that “The CHRB’s attempted proceedings, however, ignore a critical element: the CHRB could not have disqualified either horse in 2018 and cannot do so now because scopolamine is a classified substance that, by law, does not permit disqualification. Further, the CHRB has no authority, or basis, to reopen this closed matter. Rather, the CHRB has admitted it has issued its complaints and is holding a hearing simply to dispose of a civil action brought against it by a race runner-up, and solely as a way to avoid further litigation and expense in that lawsuit.”

According to the Oct. 13 filing, “All racing jurisdictions have rules that govern the sport and the presence of medications and substances in post-race blood and urine tests. California is no different, and the April 2018 tests were taken pursuant to those rules. Specifically, California’s classification system delineates five classes of substances [and] four categories of penalties. [The more egregious and harmful] Class 1-3 substances correspond with penalty categories A and B, while Class 4-5 substances are associated with penalty categories C and D.”

“At the time of the 2018 Santa Anita Derby, just as it is today, the CHRB’s rules designated scopolamine as a Class 4, penalty C substance. Significantly, disqualification is not an authorized penalty for Class 4, penalty C substances. Plainly stated, disqualification premised on the presence of scopolamine was not a permissible option for the CHRB in April 2018 under its own rules [nor is it an option today].”

The filing continues: “There have been numerous incidents of jimson weed contaminating bales of hay, leading to what are called ‘clusters’ of horses testing positive for scopolamine when they unknowingly ingest contaminated feed. Fortunately, there is a proven scientific method for determining whether the presence of scopolamine in a horse is due to intentional administration or is the result of innocent contamination from hay. If the horse has ingested jimsonweed, blood tests of that horse will reveal the presence of atropine. On the other hand, if scopolamine has been intentionally administered, atropine will not be present.”

“Racing commissions routinely use the presence or absence of atropine in the blood as a determinative factor in deciding whether to pursue complaints against an owner or trainer.. Equally important, the amounts of scopolamine found in the blood of Justify and Hoppertunity..were small enough that they would have no pharmacological effect in a horse.”

The filing states that, “There were five other horses who tested positive for scopolamine during this time period. All seven horses were investigated by Dr. Rick Arthur, the CHRB’s Equine Medical Director, and Rick Baedeker, the CHRB’s Executive Director. Arthur and Baedeker determined that the cluster of scopolamine positives at Santa Anita in 2018 was the result of contaminated hay. They found jimson weed in hay that had been delivered to Santa Anita and the blood and urine samples of all the horses revealed the presence of atropine. The investigation and science were conclusive: this was a case of environmental contamination that had no effect whatsoever on all seven horses tested that day, nor the outcome of their respective races. Thus, Arthur and Baedeker jointly recommended to the Board of the CHRB that all seven cases be dismissed.”

“Arthur and Baedeker’s recommendation was presented to the Board of the CHRB, which voted unanimously to dismiss all seven cases. That decision was not only proper, it was the only one the CHRB could make under its own rules..In sum, the cases for the seven horses testing positive for scopolamine in April 2018..were all thoroughly and properly investigated and were

all dismissed. The science was not only overwhelming, it ‘mandated’ such a result.”

The filing further contends that a January 2020 lawsuit initiated against the CHRB by Mick Ruis, who owned and trained the 2018 Santa Anita Derby runner-up, Bolt d’Oro, is “the only reason the CHRB has decided to reopen the formally closed decisions with respect to Justify,” because the CHRB “agreed to do so as part of a private settlement.”

In his suit, Ruis alleged that the CHRB’s August 2018 vote to dismiss the case against Justify led Ruis to suffer “the loss of purse caused by the CHRB’s failing to disqualify Justify and re-distribute the purse for the positive test result.”

The Oct. 13 filing states that, “the CHRB is only attempting to reopen its 2018 decision regarding Hoppertunity because that horse too was trained by Bob Baffert” and that, “the CHRB agreed to file the [Aug. 25, 2020] complaints against Justify and Hoppertunity solely to avoid further litigation costs associated with its legal defense in the Ruis lawsuit and to placate the race runner-up.”

The Baffert, et al, filing states that as a result of the CHRB’s unlawful conduct, the petitioners have, “suffered harm, including damage caused to Justify’s and Hoppertunity’s reputations, as award-winning Thoroughbred horses.”

But the Oct. 13 court documents do not provide specific details about the exact nature of this alleged harm.

“Unless [the CHRB] is restrained and enjoined from reopening these actions that were previously and rightfully dismissed, Petitioners’ rights will continue to be violated, as they have no plain, speedy, or adequate remedy at law; injunctive relief is the only legal means available to protect their legal rights,” the filing concludes.

The post Justify, Hoppertunity Connections Seek Court Block of CHRB Scopolamine Re-Hearings appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Connections Of Justify, Hoppertunity Seek To Prevent CHRB From Conducting Hearings Into 2018 Scopolamine Positives

The owners of Justify and Hoppertunity, along with trainer Bob Baffert and jockeys Mike Smith and Flavien Prat, have filed filed legal action in Los Angeles Superior Court to prevent the California Horse Racing Board from conducting Oct. 29 disqualification hearings into April 2018 victories by Justify in the Santa Anita Derby and Hoppertunity in the Tokyo City Cup.

The writ of mandate, filed on Oct. 13, claims Aug. 25, 2020, actions by the CHRB to reopen the cases are “void, arbitrary, capricious, unconstitutional, beyond the power of the CHRB, and a prejudicial abuse of discretion.” It alleges the CHRB has violated California Code of Regulations and Government Code as well as the due process rights of the petitioners under the U.S. Constitution.

Justify and Hoppertunity, along with five other unnamed horses, tested positive for scopolamine in 2018. According to the legal filing, the Justify and Hoppertunity cases were investigated by the CHRB's equine medical director, Dr. Rick Arthur, and then-CHRB executive director Rick Baedeker. Both determined the “cluster” of scopolamine positives at Santa Anita in 2018 resulted from hay contaminated with jimson weed, proof of which, the writ of mandate states, is that all horses also indicated the presence of atropine, which it states is a “definitive marker of environmental contamination.”

Arthur and Baedeker recommended to the CHRB members in closed-door executive session that all seven scopolamine cases be dismissed, and the board in place at the time unanimously voted to support that recommendation, according to the action filed Oct. 13. The CHRB has several new members who were not on the regulatory body  in 2018.

It wasn't until a September 2019 report in the New York Times that the positive drug tests and decision not to conduct stewards hearings were revealed. Several months later, Mick Ruis, owner of Santa Anita Derby runner-up Bolt d'Oro, filed suit against the CHRB demanding the case against Justify be reopened. Ruis stood to gain $400,000 in purse money (the difference between $600,000 for first and $200,000 for second) and other possible gains if Bolt d'Oro were declared winner of the Grade 1 race.

The Santa Anita Derby win by Justify in his stakes debut earned the Scat Daddy colt 100 qualifying points for the Kentucky Derby. He went on to win the Kentucky Derby, Preakness and Belmont Stakes, then retired to stud undefeated in six starts after being sold to Coolmore Stud for a reported $60 million.

As part of a settlement agreement with Ruis, the CHRB said it would file a complaint against the owners of Justify and conduct a purse disqualification hearing. The CHRB also filed a complaint against the owners of Hoppertunity, though not against the other five unnamed horses testing positive for scopolamine.

The owners of Justify at the time were WinStar Farm LLC, China Horse Club, Head of Plains Partners LLC and Starlight Racing. The owners of Hoppertunity were Michael Pegram, Karl Watson and Paul Weitman.

Attorneys for he petitioners contend scopolamine was – at the time of the April 2018 victories by Justify and Hoppertunity – a Class 4 drug with a C penalty classification under Association of Racing Commissioner guidelines. As such, they contend, a positive test for scopolamine would not trigger a disqualification.

They also contend the CHRB did not act in a timely manner in reopening the cases.

The legal action accuses the CHRB of violating its own rules and engaging in “unfair, arbitrary and capricious conduct. Petitioners have been intentionally treated differently from others similarly situated and there is no rational basis for he difference in treatment.”

As a result of the CHRB's actions, the writ of mandate alleges, the connections of Justify and Hoppertunity “have suffered damages, including in the form of reputational harm.”

The petitioners are seeking a writ of mandate from the court ordering the CHRB to dismiss the complaints and cancel all hearings related to Justify and Hoppertunity's positive tests. They are also seeking unspecified damages, along with attorneys' fees and court costs.

 

The post Connections Of Justify, Hoppertunity Seek To Prevent CHRB From Conducting Hearings Into 2018 Scopolamine Positives appeared first on Horse Racing News | Paulick Report.

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CHRB: Medical Director Issues Heat-Stress Memo, Santa Anita Approved To Delay Meet Start

The California Horse Racing Board conducted a meeting by teleconference on Thursday, August 20. The public participated by dialing into the teleconference and/or listening through the audio webcast link on the CHRB website. Vice Chairman Oscar Gonzales chaired the meeting, joined by Commissioners Dennis Alfieri, Damascus Castellanos, Wendy Mitchell, and Alex Solis.

The audio of this entire Board meeting is available on the CHRB Website (www.chrb.ca.gov) under the Webcast link. In brief:

  • Dr. Rick Arthur, equine medical director, helped open the meeting with a discussion of the current heat wave in California and its effect on racehorses. Dr. Arthur explained that temperatures alone do not determine whether it is safe for horses to compete. He described the Heat Stress Index (HSI) as a more accurate method. He sent a memo this week to horsemen, track management, stewards, and veterinarians reminding them of how to use HSI and when to undertake heat-stress mitigation steps. That memo is posted on the CHRB website under Racing Safety.
  • The Board approved the license application for the Los Angeles Turf Club (LATC) to conduct a race meet at Santa Anita Park, with racing commencing Saturday, September 19, through Sunday, October 25. Aiden Butler, director of racing at Santa Anita, said although racing concludes September 7 at Del Mar, Santa Anita will be delaying the start of its meet by more than a week to give horses a rest and to ensure that all COVID-19 protocols are in place.
  • Concerning that meet at Santa Anita, the Board approved an agreement between LATC and the Thoroughbred Owners of California authorizing the racing secretary to set conditions on races, which will include limitations on Lasix and intra-articular medications.
  • Vice Chair Gonzales and Commissioner Mitchell reported on their Wednesday teleconference meeting of the Race Dates Committee. They indicated there is general agreement among stakeholders for 2021 date allocations, aside from a week here and there. If there is no agreement on those weeks, the committee will make a recommendation in the best interests of the racing industry at the September 24 meeting.
  • The Board authorized an exemption for fire clearance approval at Los Alamitos and an extension for such approval at San Luis Rey Downs training center based on evidence that both had clearances from local fire authorities, so the allowances only pertained to additional regulatory requirements.
  • The Board approved for 45-day public notice a proposed regulation establishing rules for public participation at meetings, which largely reflect the procedures that currently are in place, including limiting unsolicited speakers to two minutes each on agenda items.
  • The Board approved a requirement for practicing veterinarians to use an electronic on-line form prescribed by the Board when submitting their required veterinarian reports to the Official Veterinarian.
  • The Board approved an emergency amendment to better align CHRB drug classifications with those of the Association of Racing Commissioners International.
  • The Board approved the re-election of three directors to the board of the California Thoroughbred Horsemen's Foundation: Angie Carmona, Dr. Victor Levine, and Eric Sindler.
  • The Board authorized Fasig-Tipton Co. to conduct a horse auction sale at Fairplex Park on October 19.

Public comments made during the meeting can be accessed through the meeting audio archive on the CHRB website.

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