New York State Bar Association Offers HISA Webinar Apr. 18

Edited Press Release

The link for an equine-related Committee on Animals and the Law of the New York State Bar Association [has gone] live. It's a webinar on the Horseracing Integrity and Safety Act (HISA): Its Impact on Equine Welfare, NYS Racing and Regulation, and Federal Administrative and Constitutional Law.

The webinar will be held Thursday, April 18 from 12:00 p.m. to 3:00 p.m. EDT. Attorneys who attend are eligible for up to three NYS MCLE credit hours. These credit hours are valid in almost every U.S. jurisdiction. Non-attorneys are welcome to attend.

The Committee on Animals and the Law (COAL) of the New York State Bar Association has organized this excellent event. Speakers will explain the legal structure created by HISA, HISA's impact and future; the legal ramifications of HISA on state, federal and private actors; and HISA's effect on equine welfare. We expect to wrap up with a lively and informative discussion panel among the speakers. We hope attendees will leave the webinar with a greater understanding of HISA and the state of the State of New York's regulated racing industry.

What our roster of speakers will have to say promises real value to legal practitioners and others involved in racing. If you have any particular questions or comments you think would make good fodder for the discussion panel, please don't hesitate to let Fiona Farrell know in advance at ffarrell@nycap.rr.com.

Our program faculty includes:

  • Lucinda Finley, University of Buffalo Law School
  • Joi Garner, General Counsel, SVP, and Secretary, New York Racing Association
  • Lisa Lazarus, CEO, Horseracing Integrity and Safety Authority
  • Robert Williams, Executive Director, New York State Gaming Commission

To learn more about the program and to register, click here.

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Top 10 Ways HISA Will Change Racing

Edited Press Release

The anticipated implementation of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program by the Horseracing Integrity & Welfare Unit (HIWU) on Mar. 27 will strengthen equine welfare and enhance confidence in the fairness of the sport. Here are the top 10 ways HISA's ADMC Program will change racing for the better:

1. For the first time, rules will be uniform and standardized across all states.

The ADMC Program will bring all testing and results management under one central authority, ensuring greater transparency, accountability and consistent application across the country.

2. A paperless chain of custody and collection system will be deployed nationwide.

Sample collection personnel, who will all be trained and certified by HIWU on ADMC Program-compliant protocols, will utilize a paperless system via HIWU's new app, greatly reducing the current inefficient and time-consuming paperwork requirements. The app electronically records the entire sample collection process, and horsemen can receive an electronic receipt of their horses' test sessions via email.

3. Laboratories will be accredited, and their processes harmonized, enabling test results to come back faster in many jurisdictions.

All laboratories that will conduct testing under the ADMC Program must be accredited by the Racing Medication and Testing Consortium (RMTC) and meet the performance specifications to enter into a contract with HIWU. This ensures all labs will be held to the same performance standards regardless of the state they operate in. The harmonization of laboratory processes will ensure consistency in every aspect – from the list of substances tested to the levels at which they are tested. As a result, horsemen can have greater confidence in testing results and assurance that any local, lab-specific factors are not affecting testing outcomes.

Laboratory result turnaround times will enable test results to be delivered promptly so that any procedural issues can be dealt with swiftly. The standard turnaround time will be no more than 10 business days after receipt of the samples for Post-Race test results and no more than five business days for Vets' List clearance test results – a significant improvement for many jurisdictions.

4. ADMC violations will be clearly divided into two categories with differing degrees of penalties.

HISA's ADMC Program explicitly divides substances on its Prohibited List into two categories: (1) Controlled Medications (therapeutic substances that are permitted outside of race day and other specific periods); and (2) Banned Substances (substances that should never be present in a horse).

The substances are categorized differently because HISA recognizes that they can have different effects on a horse and should result in different consequences. Violations involving Controlled Medications and Methods are categorized as Controlled Medication Rule Violations (CMRV), while violations involving Banned Substances and Methods are categorized as Anti-Doping Rule Violations (ADRV). Harsher penalties will be associated with ADRVs because Banned Substances are detrimental to equine welfare, often enhance performance and should never be present in a horse's body.

5. The national results management system will be managed by one central authority rather than a patchwork of local entities.

The results management and adjudication processes under the ADMC Program are organized specifically to avoid potential local biases and ensure swift and consistent outcomes for all racing participants. Under this system, all laboratory test results will be sent directly to HIWU, which will notify individuals of Adverse Analytical Findings (positive tests) and be responsible for the investigation and prosecution process.

Adjudication decisions will be made by the Internal Adjudication Panel (IAP) for CMRVs and the independent Arbitral Body for ADRVs – replacing the previous inconsistent adjudication processes run by state courts, state racing commissions, and stewards. Final decisions by the IAP and Arbitral Body can be appealed to a federal Administrative Law Judge.

6. Anti-Doping Rule Violations involving the presence, use, administration, or attempted administration of a Banned Substances will automatically trigger a Provisional Suspension of the relevant Covered Person, pending full adjudication.

This measure is critical to ensuring integrity in our sport and is a departure from the processes which previously allowed cheaters to evade accountability by exploiting the rule discrepancies in various jurisdictions, continuing to race as they filed appeals and avoided sanctions – including disqualifications – through lengthy litigation.

7. Testing will be intelligence-based so HIWU is able to effectively catch cheaters while using resources efficiently.

The ADMC Program will introduce an intelligence-driven strategic testing plan to be deployed uniformly across the country. Intelligence-based testing has proven effective in catching bad actors when used in other sports and jurisdictions. HIWU's operations team will take an interdisciplinary approach in its allocation of testing across the country with a focus on ensuring the quality and effectiveness of the doping control process.

The operational strategy will also be informed by collaboration with HIWU's investigations unit to incorporate and act on pertinent information received through its anonymous whistleblower platforms. Intelligence from “boots-on-the-ground” industry participants, including stewards and veterinarians, and continued cooperation with state racing commissions and laboratory/scientific partners will inform the test selection process.

8. A discretionary policy for positives resulting from potential environmental contamination is in place.

The ADMC Program's Atypical Findings Policy requires additional investigation in any instance in which a horse tests positive for a substance that has a higher risk of being present as a result of environmental contamination rather than intentional administration. If HIWU determines that the substance was present due to contamination, the test result may be considered negative, and no penalties will be issued.

9. More Out-of-Competition testing than ever before.

Under HISA's ADMC Program, HIWU will oversee the introduction of the first nationwide Out-of-Competition (OOC) testing program for Banned Substances. This extra layer of testing will weed out those who do not operate with integrity, deter others from doing the same and prioritize equine welfare year-round.

OOC testing will only regulate Banned Substances – not Controlled Medications. If a Covered Horse is located on private property, and the Responsible Person does not want sample collection personnel entering the property, they have the option to bring the Covered Horse to a location that is mutually agreed upon with HIWU e.g., racetrack, as long as the Covered Horse is presented at that location within six hours of notification of testing.

10. Investigations will be led by former law enforcement officers and seasoned racing experts.

HIWU's investigations unit, which will help lead the enforcement of the ADMC Program, is led by former law enforcement officials with considerable experience in the racing industry.

Naushaun “Shaun” Richards, who will serve as Director of Intelligence & Strategy, joined HIWU after a 23-year tenure with the FBI, where he initiated and directed the criminal investigation that resulted in the indictments of more than 30 individuals across the racing industry. Shawn Loehr, who will serve as Director of Investigative Operations, previously spent more than 27 years in California law enforcement, most recently spending nearly four years as the chief of enforcement and licensing for the California Horse Racing Board.

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This Side Up: Lessons From A Polish Donkey

I must admit that this whole business of getting wiser as you get older is giving me a little trouble. Somehow I only seem able to nail one half of the deal–albeit, so far as that goes, I'm definitely making rapid, daily progress.

The only small increment of wisdom I can detect, meanwhile, is perhaps a rather unexpected one. Because while conforming to a dismal stereotype in becoming ever less flexible with age, in most of my habits and beliefs, I did at least sense some improvement in my levels of tolerance when considering the racing this Saturday.

In the past, I would have worn a coast-to-coast scowl. Looking east, we have a champion juvenile deliberately reserving until March the first of what will presumably be only two public appearances before the Derby. Looking west, we find the race that began its glorious history with the eye-watering status of “the Hundred Grander” offering 1/40th of a purse contested in Riyadh last week.

But you know what, I'm learning to live with all that. The world changes, and even on the Pacific shore the water can get pretty cold round your waist if you just stand there trying to turn back the tide. After all, while a couple of horses that would historically have been tailor-made for the Big 'Cap instead went to the desert, the race has still drawn a deep and competitive field. And if modern trainers want to renounce the old school in preparing their Derby horses, then that's their prerogative. The beauty of this game is that whoever's right, or wrong, we have a proving ground where we can settle all differences without rancor. With racehorses, the only rule is that there are no rules.

(To listen to this column as a podcast, click the arrow below)

 

Except one. Which is that whatever we ask any animal to do, we must always retain a clear conscience. With that in mind, then, allow me to recommend a way to refresh our sense of what is really meant, when diametrically opposed positions on HISA both claim to represent the best interests of the horse.

This week I was fortunate to catch Jerzy Skolimowski's movie EO, which has deservedly won an Oscar nomination for best foreign film. If you haven't yet seen it, you should. Unusually, the central character does not have a single line. He is, in fact, a Polish donkey. Actually, as with Seabiscuit–a Big 'Cap winner, don't forget!–the role is shared by half a dozen animals. But the true diversity sampled through his odyssey is found in ourselves: in our power over animals, and the ways we exercise it.

The film charts the full spectrum, from devotion to brutality. (Though, be warned, the most lurid moment of butchery actually occurs among human beings). Throughout, aside from occasional braying, the donkey naturally remains mute and inscrutable. And while Skolimowski brilliantly stretches the medium to offer him feasible perspectives, ultimately even the most lingering close-up of the donkey's eye cannot penetrate the mysteries lurking in that dark pool. Even so, he achieves an irresistible accretion of dignity simply in the stoical absorption of serial crises in his journey through life.

Interestingly, for our community, he spends an early chapter of his career in a stable housing expensive, lovingly groomed sport horses (whose beauty, by the way, is captured in haunting fashion). Few of us would hesitate to use the adjective “noble” in contrasting our Thoroughbreds with a stumpy, stubborn donkey. But this film transcends such castes, disclosing a fragile sublimity in all life, and demands scrupulous attention to the margin dividing use and abuse of animals. EO won't necessarily make you vegetarian, but it should definitely make you prepared to pay extra to know that your sirloin has a biography that squares with your conscience.

Most people working in our industry can be proudly credited with the same loving engagement that EO encounters, through human charity, in a donkey sanctuary and a veterinary hospital. But while HISA has caused virulent polarization in the interpretation of “welfare,” you would very soon know what truly animates a person if you were to sit down together and watch this film. In fact, maybe we should say that nobody gets a license unless tears are perceptibly welling as the credits roll.

And that's where I draw the line; that's where I retain all possible intolerance. You want to dope your horse so that it doesn't hurt? That is NOT humane. That just means you want to drive him past his red lights.

But make no mistake, that kind of specious logic also shows why our collective responsibility actually starts with the breeders. When we mate horses, our priority should be to produce foals that will be comfortable with the tasks awaiting them.

And that, in turn, is why we cannot permit physical vulnerabilities to be masked on the racetrack. Obviously such regulation has a more immediate purpose, simply in protecting horses from imminent peril. But unless and until we get the pharmacists out of the shedrow, the market will keep rewarding the production of horses that lack such notoriously “uncommercial” attributes as durability (and its ancillary, stamina).

A guy with a needle at the racetrack may be at one extreme, but complicities extend even to that point where good-hearted people who wouldn't harm a fly, never mind a donkey, are right now choosing a mate for their beautiful Thoroughbred mares.

It's chicken-and-egg. People will breed sturdy, robust horses if other people will pay for them. And people will do that if regulation makes such horses essential. Who knows, maybe they will turn out to be exactly the kind of horses that Kentucky has for a generation or so been wilfully discarding to Japan. (And we saw once again, in the desert last weekend, how that is working out).

Producing and preparing a Thoroughbred naturally competent for its vocation is a humane duty–and one that we all share, stubborn as a mule. Because if our industry can't get wise, it can forget any ideas it may have about becoming much older.

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TBA Awarded Over £360K to Support Racing Industry

Over £360,000 will be issued to the Thoroughbred Breeders' Association over a three-year period for activities that work towards improving the education provision, equine welfare and environmental sustainability of the UK racing industry. The money will come from the Racing Foundation, the racing industry's charitable grant issuing body.

The plans include funding for further development and delivery of new initiatives within the TBA's Thoroughbred Breeding Industry Training and Qualification Pathway, which provides a formal structure to industry learning–ranging from essential skills at Level 1 through to advanced management training at Level 4. Continued support at Level 1 for the successful Entry to Stud Employment (E2SE) programme in 2022 will ensure that the industry continues to attract new entrants and deliver accessible training. The expansion of content on the TBA's e-learning platform TB-Ed will also enable thoroughbred breeders, enthusiasts and students to improve their knowledge of topics relating to thoroughbred horse care and breeding at their own convenience.

Plans for the third Economic Impact Study will be able to proceed this year to provide further data on which to assess trends from the 2014 and 2018 research. The previous studies, instrumental in the formulation of the TBA's evidence-based strategies to combat industry challenges, resulted in the successful creation and delivery of NHMOPS and subsequent GBB scheme.

TBA Chief Executive Claire Sheppard said, “Equine health and welfare is at the heart of our work at the TBA. By prioritising education and training we can ensure that all our industry participants can continue to deliver the highest standards of equine care.

“Funds from the Racing Foundation will support these key areas, whilst progressing the TBA's equine welfare strategy which includes improved data collection and analysis, education, traceability and aftercare.

“All of this wouldn't be possible in the long term without a sustainable environment in which to raise thoroughbreds, hence our commitment to encourage environmental best practice within the industry. The Racing Foundation funded our first award-winning sustainability project last year and we are delighted to be partnering with them again as we develop this work.

“The third Economic Impact Study will also enable us to assess the current state of the industry, whilst identifying possible future challenges and opportunities for the sector.

“We are incredibly grateful for the support of the Racing Foundation in helping us deliver these projects to achieve our five-year goals to improve the operating environment for all participants in the industry.”

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