HISA | Horse Racing Free Tips

Weekly Stewards And Commissions Rulings, Nov. 28-Dec. 4

Every week, the TDN posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from around the country.

Among the key rulings from the last seven days, the prohibition of intra-articular injections within seven days of a timed or reported workout once again stands out as a thorn in the side of trainers.

Three such cases have been resolved in the past week, resulting in $3,000 fines meted out in each case.

The Horseracing Integrity and Welfare Unit (HIWU) also handed down a seven-day suspension and $1,000 fine to trainer Norman Follett, for a post-race Lidocaine positive following a September runner at Belmont at the Big A. Lidocaine is a pain reliever used ubiquitously in human medicine.

The details of the ruling are not yet publicly available. But Equibase shows Follett to run a small New York-based stable. This year, he has made only 39 starts and had one winner.

NEW HISA/HIWU STEWARDS RULINGS
The following rulings were reported on HISA's “rulings” portal and through the HIWU's “pending” and “resolved” cases portals.

Resolved ADMC Violations
Date: 11/4/2023
Licensee: Gustavo Amaya, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Admission.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Sandpiper Memories. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 10/26/2023
Licensee: Wendell McDaniel, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Big Difference. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/25/2023
Licensee: Peter Miller, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Final decision by HIWU.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Thirsty John. This was also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 10/24/2023
Licensee: Jamie Ness, trainer
Penalty: A fine of $3,000; imposition of 3 Penalty Points. Final decision by HIWU.
Explainer: A possible violation of Rule 3314—Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method—on the horse, Dust Devil. This is also a possible violation of Rule 4222—Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 10/14/2023
Licensee: Ronnie Cravens, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $500; imposition of 1.5 Penalty Points. Final decision by HIWU.
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Saturday's Gold, who won at Remington Park Oct. 14, 2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/11/2023
Licensee: Darlene Green, trainer
Penalty: Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a written reprimand (per 9/26/23 HISA Guidance). Final decision by HIWU.
Explainer: For the presence of Omeprazole—Controlled Medication (Class C)—in a sample taken from Highcotton Justice, who finished second at Horseshoe Indianapolis Oct. 11, 2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 9/22/2023
Licensee: Norman Follett, trainer
Penalty: 7-day period of Ineligibility, beginning on Dec. 5, 2023; Disqualification of Covered Horse's Race results, including forfeiture of all purses and other compensation, prizes, trophies, points, and rankings and repayment or surrender (as applicable); a fine of $1,000; imposition of 2 Penalty Points. Admission.
Explainer: For the presence of Lidocaine—Controlled Medication (Class B)—in a sample taken from Racing Colors, who finished second at Belmont at the Big A Sept. 22, 2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Pending ADMC Violations
Date: 11/01/2023
Licensee: Steve Krebs, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Guaifenesin—Controlled Medication (Class C)—in a sample taken from Burn The Evidence, who won at Parx Racing Nov. 1, 2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/31/2023
Licensee: Ortis Henry, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Glycopyrrolate—Controlled Medication (Class C)—in a sample taken from Empress Palpatine, who finished second at Finger Lakes Oct. 31, 2023. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 10/28/2023
Licensee: Tony Lello, trainer
Penalty: Pending
Alleged violation: Medication violation
Explainer: For the presence of Methocarbamol—Controlled Medication (Class C)—in a sample taken from Reel Em In. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Violations of Crop Rule
One important note: HISA's whip use limit is restricted to six strikes during a race.

Del Mar
Armando Aguilar – violation date Dec. 1; $250 fine, one-day suspension
Tyler Gaffalione – violation date Dec. 2; $277 fine, one-day suspension

Remington Park
Jermaine Valentino Bridgmohan – violation date Nov. 29; $250 fine, one-day suspension

OTHER KEY RULINGS
The TDN also publishes a roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

Here's a primer on how each of these jurisdictions adjudicates different offenses, what they make public (or not) and where.

California
Track: Del Mar
Date: 12/03/2023
Licensee: Keron Thomas, owner
Penalty: Suspension
Violation: Failure to comply with financial responsibility agreement
Explainer: Owner Keron Thomas is suspended after failing to comply to the terms agreed to in the hearing for violation of California Horse Racing Board rule #1876 (Financial Responsibility – Sunshine Farms [Boarding cost] $5,170.97). Suspension to commence Dec. 16, 2023.

Track: Del Mar
Date: 12/03/2023
Licensee: Antonio Fresu, jockey
Penalty: One-day suspension
Violation: Competing in one more designated race than permitted
Explainer: Jockey Antonio Fresu is suspended for 1 additional racing day (Dec. 10, 2023) pursuant to California Horse Racing Board rule #1766 (f) (Designated Races – participated in more than one designated race on Dec. 3, 2023).

New York
Track: Aqueduct
Date: 11/30/2023
Licensee: Jose Antonio Gomez, jockey
Penalty: Five-day suspension
Violation: Careless riding
Explainer: Having waived his right to an appeal Jockey Mr. Jose Antonio Gomez is hereby suspended five NYRA racing days. Effective Dec. 7-10, 2023, and Dec. 14, 2023, inclusive. This for careless riding during the running of the 7th race at Aqueduct Racetrack Nov. 25, 2023.

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HISA And Oaklawn Park Designate Area For Intra-Articular Injection Treatments

The Horseracing Integrity and Safety Authority and Oaklawn Park have launched a new pilot program under which a designated area will be available for veterinarians to administer any intra-articular corticosteroid injections at the racetrack during the track's 2023-2024 race season beginning Friday, Dec. 8, HISA said in a press release Wednesday.

As HISA laid out in its Strategic Response to recent equine fatalities, many stakeholders, including a significant number of individuals calling into HIWU's confidential tip line, have questioned whether Covered Persons are properly and accurately reporting intra-articular corticosteroid injections.

In order to address this issue and ensure injections are administered in compliance with HISA's Anti-Doping and Medication Control regulations, HISA proposed two possible solutions: (1) a designated area at the racetrack for all intra-articular injections to be administered; or (2) the requirement of a short video of the veterinarian performing the intra-articular injection to be uploaded with the injection report.

Oaklawn has volunteered to test the first of these potential solutions. Under this pilot program, Oaklawn will offer a designated private location at its Summer Bird Barn for intra-articular injections and will compensate Covered Persons who volunteer to have them administered there up to $250 for the first 100 intra-articular corticosteroid injections this season.

All intra-articular corticosteroid injections prescribed and administered by a veterinarian at Oaklawn must be observed in-person by the track's Integrity Officer, Beverly Fowler, or another designated racetrack employee, regardless of whether it is administered in the designated location.

The pilot program will be used to determine the feasibility and value of this approach, as well as to identify challenges that would need to be resolved for it to be successful nationally.

“HISA is thankful for Oaklawn Park's willingness to test this process, which has been used successfully in sport horses for many years,” said HISA CEO Lisa Lazarus. “By testing this concept, the Oaklawn team is contributing meaningfully to HISA's efforts to make the sport safer and more transparent. Based on horsemen and veterinarian feedback and results, designated intra-articular injection treatment areas may eventually be presented to the Racetrack Safety Committee to consider promulgating a uniform rule.”

“Oaklawn Park is pleased to be a leader in equine health and safety,” said Louis Cella, President, Oaklawn Park. “It is clear to us that the sport must evolve and continue to do everything in its power to keep horses safe. We support HISA's efforts to explore new methods of ensuring safety and integrity and we appreciate our horsemen's support and engagement.”

Prior to each intra-articular injection at Oaklawn this season, the trainer or veterinarian must inform the Integrity Officer of the day and time it will be administered to ensure she or a designee are present. Injection appointments may be scheduled by calling the Integrity Officer at (501) 762-3864.

The veterinarian and Integrity Officer, or their designee, must fill out and sign an accompanying form and submit photos of the medication that is being injected. A copy of the form will be provided to the veterinarian administering the injection, the trainer, the Integrity Officer's office and the State Veterinarian.

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Turf Paradise Approved to Run ’24 Meet, Pending Sign-off by HISA Authority

Turf Paradise received unanimous but conditional approval from the Arizona Racing Commission (AZRC) on Tuesday to conduct a Jan. 29-May 4 race meet.

The upcoming season, however, won't be run under the auspices of the new ownership group that has been reportedly trying to buy the Phoenix track for the last two months.

Instead, Turf Paradise's current owner, Jerry Simms, will still be at the helm.

Simms and Arizona horsemen have had an acrimonious business relationship for the better part of two decades.

But Simms vowed during the Dec. 5 “emergency” AZRC meeting that he will be sticking around for at least the next five months because his deal to sell the track to an entity known as Turf Paradise Land Trust has hit unspecified snags.

The conditions attached to the licensure by the AZRC have to do with Turf Paradise either complying with or getting the Horseracing Integrity and Safety Act (HISA) Authority to waive its requirement that stipulates a 90-day advance notice from any track before the start of racing. In addition, the Authority still has to accredit Turf Paradise in terms of safety standards.

Rudy Casillas, the deputy director of the AZRC's racing division, said that although Simms is still free to try to close on the sale of the track (which has been under consideration by at least two different buyers this year), he explained that it would be “highly unlikely” that the commission would be able to finalize its vetting process of a new licensee before the planned end of the race meet.

“We have not received all of the required information from the potential new buyer as of yet, so I don't believe that there's going to be that type of [due diligence] complication impacting live race meet going forward,” Casillas said.

As for the HISA hurdles, Casillas added, “I cannot speak for HISA. I can't predict what they'll do, if they waive the 90 days. We're hoping that they will…. If they don't waive the 90-day advance notice, then obviously the race meet will have to start at a later time, beyond Jan. 29.”

But Casillas did add that AZRC representatives are speaking with HISA Authority executives who are in the state this week for the Global Symposium on Racing hosted by the University of Arizona Race Track Industry Program in Tucson. Casillas said that in those conversations, “HISA has indicated that they will definitely try to work with the [AZRC] and move this forward.”

Unlike at recent AZRC meetings where their representatives spoke at length about the confusion and chaos of trying to get the sport back on track in Arizona, no one from the Arizona Horsemen's Benevolent and Protective Association (AZHBPA) testified during Tuesday's meeting.

Simms, however, gave his side of the story, portraying himself as a savior, of sorts.

“I decided to run this meet because it was just too much impact on the stakeholders, too many people's lives being disrupted,” Simms said. “And I was hoping that my deal would have moved ahead, but it's not gone ahead. So I put my retirement on the back burner and decided to do it…

“We're complying with HISA. We hope to have HISA out this week [and] hopefully they won't hold us to that 90-day period of time,” Simms said.

“HISA has their own criteria. And so hopefully they'll give us their approval. I [don't have] any control over that. But I will tell you, with absolute certainty, if this meet is approved and we run the meet, it will finish. Even if the track is sold, whoever buys it will have to finish it or I will finish it.”

Back on Nov. 9, Simms told the AZRC that the ownership group that wants to buy the currently closed Turf Paradise was at the escrow stage of closing on the sale.

Turf Paradise ended its racing season back in May with a different buyer doing due diligence to purchase the property. Then on Aug. 1, Simms announced Turf Paradise wouldn't be opening in November as scheduled for its traditional six-month meet.

On Sept. 18, the months-long purported sale with the first buyer was publicly declared dead.

Then 10 days later, Simms announced a new buyer had suddenly emerged with a desire to purchase the 213-acre property and save racing at the 67-year-old track.

In recent years, disagreements between the Arizona racing community and Simms have roiled in the courts and at racing commission meetings. An extraordinarily long pandemic closure and prolonged fights over off-track betting privileges, simulcast signals, and how the horsemen's purse money can be used have all been topics of heated debate.

Turf Paradise has also been plagued by safety issues in recent seasons, and as recently as the Oct. 12 commission meeting, Simms and AZHBPA officers sparred over whether or not extensive repairs were needed for the main track rail.

But reports made at a subsequent commission meeting Nov. 9 did note progress to the facility's upkeep, such as the turf course well pump being fixed and the grass getting much-needed watering, seeding and fertilizations.

A release posted on social media by Turf Paradise after the commission's vote noted that the track and AZHBPA have signed a contract that calls for Monday-Thursday racing. Horses will be allowed into the stables Dec. 18, with training to start Dec. 26.

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HISA and Palantir Develop AI-Enabled Tool to Help Identify At-Risk Horses

The Horseracing Integrity and Safety Authority (HISA) has partnered with Palantir Technologies, a leading provider of artificial intelligence systems, to create a data-enabled tool to assist industry stakeholders in identifying horses at risk for injury before they race, according to a press release Tuesday morning from HISA. The tool will generate a daily report for each racetrack, flagging any horses entered in that day's races who may present potential risk factors for injury. This enables identification of at-risk horses with increased efficiency and accuracy and will inform the hands-on pre-race inspections of each runner.

The new tool HISA and Palantir have developed reviews health information and historical entry data to determine whether each horse entered in a race is at increased risk for injury based on various factors. The tool accounts for such risk factors as the length of a horse's previous layoff (if any), term with current trainer, history on the vet's list and other indicators of previous injury or poor performance. The process for evaluating these records for each horse entered in a race had previously taken veterinarians an average of five hours per race. This same review can now be accomplished in a matter of minutes.

“HISA continues to work with leading partners like Palantir to utilize data and technology in its mission to reduce equine injuries and fatalities,” said HISA CEO Lisa Lazarus. “Our hope is that this revolutionary technology is used to more efficiently and accurately identify horses at risk of injury as part of the screening process for determining if they're fit to race. This powerful, AI-enabled tool will streamline and automate a process that had previously taken significant time away from veterinarians' hands-on care of horses. We're excited to be working with the experts at Palantir on this and future initiatives.”

“Palantir is proud to support HISA in its embrace of technology to reduce equine injuries and fatalities,” said Palantir's Head of Global Commercial Ted Mabrey. “HISA came to a Bootcamp for Palantir's Artificial Intelligence Platform (AIP) this fall and has rapidly scaled its implementation independently. HISA is proving that real world outcomes, in this case equine safety, can be achieved in weeks with the acceleration that AIP and boot camps provide.”

“By leveraging Palantir's technology, HISA is helping to significantly reduce the time it takes to identify horses potentially at risk,” said Steve Keech, Director of Data Usage and Technology Innovation for HISA. “We look forward to rolling this tool out to all racetracks under HISA's jurisdiction. This collaboration with Palantir puts us at the forefront of sports technology, and I have no doubt this partnership will be a game-changer for the safety of equine athletes.”

HISA said they expected to begin using this tool in early 2024. It will send daily reports to racetracks and regulatory veterinarians around the country that will provide them with data and resources .

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