HISA | Horse Racing Free Tips

HISA Changes Provisional Suspension Rules; Will Wait for B Sample

The Horse Racing Integrity and Safety Authority (HISA) has changed their provisional suspension policy regarding banned substances and will now wait to suspend a trainer until the split (B) sample is returned, according to a press release from HISA Friday morning.

“Last Friday, HIWU was informed that a split (B) sample did not confirm the original laboratory finding, and, accordingly, pursuant to the ADMC regulations, HIWU dismissed the violation against a trainer who had been provisionally suspended 20 days earlier,” the statement read. “This raised concerns regarding the imposition of provisional suspensions at this early stage of the ADMC Program's rollout. Consequently, HISA's ADMC Committee, which has oversight of the HISA ADMC rules, held a meeting and decided to make various policy decisions regarding the imposition of provisional suspensions under the ADMC Program. Various proposals received from horsemen's groups were considered during the course of these discussions.”

On July 3, McLean Robertson, who trains at Canterbury Park, was provisionally suspended after a horse he trained returned a positive test for Altrenogest. Nineteen days later, the B sample found no trace of the drug in the horse's system, and he was reinstated.

On a Zoom call after the press release, HISA CEO Lisa Lazarus said, “The ADMC met earlier this week, discussed the rules and landed on the policy that going forward, we will not provisionally suspend every trainer whose horse tests positive for a banned substance, so long as that trainer elects to have the B sample tested. If he or she does, we will wait for the B sample to come back before we take any action.”

The policy change extends to the number of trainers currently provisionally suspended. “HIWU will be in contact with all those currently provisionally suspended to explain next steps,” says the press release.

Reached Friday after the announcement, trainer Jonathan Wong, currently under a provisional suspension after one of his horses tested positive for Metformin, a type 2 diabetes treatment that is on the banned substance list, said he was currently unsure whether or not he could go back to work.

“I don't know,” he said. “I'll be talking to my lawyer later. He's going to get in touch with HISA and HIWU and see what direction they want us to go in and how they want us to handle it.”

Overall, Wong had praise for the changes.

“There are some things that need to be tweaked, but HISA is brand new and there is a brand new set of rules. Everybody is learning on the go, the trainers, the jockeys, the owners, HISA itself. They are learning on the go, too. I applaud them for making the changes they have made. What they're doing, changing the rules, shows that this is a work in progress. They're doing a great job changing rules and making it fair for everybody.”

HISA CEO Lisa Lazarus, on a Zoom call following the announcement, said there were approximately five trainers eligible to return to training until the B sample is returned.

The existing rules included one adopted from the World Anti-Doping Code that saw a person provisionally suspended after their A sample came back positive, and which provoked an outcry about due-process rights.

The new rules read that from now on, anyone who requests a split sample test will be eligible to have their provisional suspension postponed until the B sample is returned. If the B sample confirms the original finding, the suspension will go into effect. The trainer will not be required to scratch any horses they have already entered, but they will not be allowed to make new entries after being notified of the B sample confirmation.

Trainers will pay $2,000 for the B sample test, but that money will be refunded if the B sample is negative.

There are two caveats to the rule change:

Any trainer who has more than one horse test positive for the same banned substance within a six-month period will not be eligible to have their provisional suspension postponed.

There are certain banned substances for which trainers will continue to be provisionally suspended upon notification of the A sample, including opioids, cobra venom, bath salts, and others. A complete list may be found here.

During a provisional suspension, the statement reads, a trainer “may engage in caring for and exercising their covered horses, except they cannot breeze or race covered horses registered to them. Should they want any covered horses to breeze or race, they must transfer those horses to another responsible person (i.e., trainer) in a bona fide transfer approved by the stewards. In addition, covered/responsible persons: (i) must take down or cover any personal signage bearing their name or related to their operations where the covered horses are located at the racetrack; (ii) cannot claim covered horses or bring new covered horses into their barn; and (iii) cannot be employed in any capacity involving covered horses (including, but not limited to, acting as an agent for an owner of covered horses or working as an exercise rider for covered horses.)

Public reporting under the ADMC rules will continue to occur at the time of the notice of the A sample positive test.

There will be no change to the rules regarding provisionally suspended horses. After the A sample returns a positive, that horse will be suspended.

“I am proud of the changes we have made,” said Lazarus. “I don't shy from that. We will change as many times as we have to, to get it right, to have the best program in place for the benefit of the industry. It's only about that. That's the only goal. And that's why the ADMC made this policy change.”

Eric Hamelback, CEO of the National Horsemen's Benevolent and Protective Association (NHBPA), released a statement shortly after the changes were announced. The statement reads in full:

“The National HBPA understands when there are seismic changes, there will be bumps in any type of implementation. While today's changes announced by HISA are undoubtedly good for horsemen and women, they also highlight the fundamental flaws in HISA. As the NHBPA pointed out long before execution, the HISA rule-making process excludes consensus, full transparency and industry involvement, leading to bad policies that often must be reversed and do nothing but sow chaos and confusion.

“The NHBPA will continue to advocate for trainers and owners in court, in Congress and with the Authority to restore common sense and due process. We don't object to this revision, which appears to have been done on the fly without FTC oversight, but we will continue to fight the process that makes such mistakes over and over.”

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Greg Ferraro Q&A, Part II: HISA Rollout “Inconsistent and Uneven”

After Sunday's announcement that The Stronach Group (TSG) will close at the end of the year its flagship Northern California racetrack, Golden Gate Fields, the company at the helm of the sale has gone silent, ignoring all of TDN's requests for comment this week.

To bring much-needed illumination on this seismic decision, the TDN spoke Thursday morning with Greg Ferraro, the California Horse Racing Board (CHRB) chairman.

Among several points raised, Ferraro shared his thoughts on the need for a fixed hub of racing in Northern California to secure the long-term viability of the state's racing industry, and for necessary renovations of Santa Anita's backstretch accommodation as a condition of licensure at the track.

Ferraro also expressed concern that TSG has not fully considered the potentially stark ramifications from Golden Gate's closure on the rest of the state's stakeholders, including the breeders, owners, trainers and other licensees.

“I have the feeling–I don't know–but I have the feeling since The Stronach Group hasn't put anything out there yet, that perhaps they don't have their plans fully developed,” Ferraro said.

Read part one of the interview here.

The CHRB chair, however, didn't just speak on Golden Gate Fields. Ferraro also shared his thoughts and concerns surrounding the ongoing rollout of the Horseracing Integrity and Safety Act (HISA)'s Anti-Doping and Medication Control (ADMC) program.

Part two of this interview has been lightly edited for brevity and clarity.

TDN: Let's shift gears and move on to the ongoing rollout of HISA's Anti-Doping and Medication Control program. Very broadly, how would you assess the job they've done so far?

GF: I would say it's inconsistent and uneven.

Their rules are somewhat complicated for people. Sometimes they haven't made things completely clear. But their application of the rules and their disciplinary actions have been uneven and inconsistent.

What the basic plan is, is to make a major cultural change in the way racing operates. And in order to do that, you have to have some trust within the industry. I don't think their initial steps have built any sense of trust. So going forward, the industry's a little reticent, let's put it that way.

TDN: What specifics can you point to when you say, 'inconsistent and uneven'?

GF: The incident with the joint injections where some trainers were fine and others weren't. Some horses were disqualified and others weren't. They withheld the names of violating trainers for a long time. Nineteen trainers.

Then there's the inconsistency in the enforcement of this provisional suspension [in the event of a positive for a banned substance]. That's been quite a concern to trainers because a trainer could be put out of business with basically no warning, the way they are going about it.

From a California point of view, we're always quite concerned about due process. [Trainer Ray] Handal is a perfect example. They suspended him. Then, once they looked into it, they found out it was contamination in the feed. It's happened before. The mill runs the cattle feed before they run the horse feed, and the horse feed is contaminated.

So here, this guy is knocked out of business for [nearly] a week, traumatized financially and emotionally, and then it's reversed.

Instead, if they had they just notified the trainer, investigated for a few days and had a hearing before [potentially] suspending somebody, it seems to me that's a fairer way to go. I think most of the trainers in California are used to that kind of system, and that's their feeling as well.

TDN: What you're saying is the current system of an automatic provisional suspension after a positive for a banned substance needs to be eliminated or modified?

GF: Yes. Given the American jurisprudence system of innocence until proven guilty and due process, I think it needs to be reorganized.

TDN: You mentioned joint injections. In California prior to HISA, the intra-articular corticosteroid fetlock injection rule mandated a 30-day stand down period prior to racing, and all intra-articular corticosteroid joint injections had a 10-day stand down before workouts. HISA's intra-articular joint injection rule requires a 14-day stand down before racing and a seven-day stand down before workouts. Do these weaker intra-articular joint injection rules concern you?

GF: Yes, that's a concern to us. It's a step backwards for California. We noticed once we put that rule in place in California, we dropped the musculoskeletal breakdowns dramatically. So, we think it's important.

We tried to get HISA to go along with [California's rules], but they wouldn't. We're still in discussions with them about it. We've cooperated a lot with HISA and we've been supportive of them. And I don't want to come across as being negative of HISA. But for California, you know, it's a bit of a step backward. It's a big expense. And we're not getting that much out of it because we've been ahead of the game nationally for quite some time now.

The corticosteroid issue is something they need to take another look at. Corticosteroids are not bad per se. But corticosteroids and high-speed works combined are not good at all.

Take any athlete that goes into training. Over time, their joint health degenerates. It's just part of what happens. You wear the surfaces down. You can't really slow that [process] down, but you can certainly speed it up. And one way to speed it up is to inject joints [with corticosteroids] in close proximity to high-speed works.

And so, what we've done in California–and what HISA needs to do–is impress upon the trainers that they need to discontinue this attitude of injecting to run or to work and look at corticosteroids as something that they use as a medical treatment combined with rest and other rehabilitative procedures.

Long-term, intra-articular corticosteroids should be eliminated completely from racing.

Santa Anita | Benoit

TDN: What argument does HISA give in pushing back against adopting California's stricter rules?

GF: You have to realize that much of the rest of the country had [weaker] rules [than California]. And so they say, 'we're getting so much pushback from the rest of the country that we can't do it.'

But what we've argued is to let California have its stricter rules and use us as a model. Then, at some point in time, you can go back to the rest of the country and say, 'well, California's had this rule in place and look what it's done. It's been beneficial. Why don't we adopt it nationwide?'

California is the point of the spear in terms of dealing with the public and the liability of horse racing. I think they should use us as a sort of leader in animal welfare and jockey welfare.

TDN: Do you think HISA's approach on this issue runs counter to their stated mandate of animal welfare and safety?

GF: Correct. What it takes is somebody with enough backbone to stand up to the pushback.

I mean, we got pushback in California, too. But we did what we thought was right and it's proven to be beneficial. Now, the horsemen look at us and say, 'well, we didn't like it in the beginning, but we realize it was worth the sacrifice.'

TDN: Are you worried California, after a sharp downward trend in equine fatalities in recent years, might now see an uptick in fatalities and injuries as a result?

GF: Absolutely. That's what our worry is.

TDN: Wow. Because of this, has the CHRB thought about the possibility of California opting out of HISA–at least until these fixes have been secured?

GF: No, we wouldn't do that. We're supportive of HISA overall. We think the concept of a standard rule nationwide is beneficial to the industry overall. These are growing pains. I think we're better off to work within [HISA]. Us pulling out is just not an option.

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Four Additional Trainers Handed Provisional Suspensions By HIWU

The Horseracing Integrity and Welfare Unit (HIWU) has updated its list of trainers that have been provisionally suspended after their horses have allegedly tested positive for banned substances, and the new names are Natalia Lynch, David Reid, Javier Morzan and Mary Pirone.

Lynch, who is based in New York and had a winner Sunday at Saratoga, was sanctioned for allegedly having a horse test positive for Altrenogest. According a 2018 press release from the Racing Medication and Testing Consortium (RMTC), Altrenogest is a progesterone receptor agonist used to control estrus in fillies or maintenance of pregnancy in mares. It is marketed in the United States as an oral formulation known as ReguMate. According to the National Library of Medicine's website, Altrenogest is structurally similar to the anabolic androgenic steroid, trenbolone.

The horse in question is Motion to Strike (Competitive Edge), who tested positive after finishing fourth in a $5,000 claimer at Monmouth June 24. The horse was claimed from that race by owner-trainer Silvino Ramirez. Ramirez now has the option of having the void claimed and returning the horse to Lynch.

According to Equibase, Lynch has been training since 2020 and has had 21 winners from 214 starts. She is 5-for-56 on the year.

In regards to Lynch, NYRA issued the following statement Friday: “NYRA has been alerted via HIWU that a horse under the care of trainer Natalia Lynch has tested positive for the banned substance Altrenogest. Per HISA rules, Lynch is now under a provisional suspension nationally and cannot participate in any activities at NYRA tracks. HISA/HIWU rules allow for Lynch to request a formal hearing and the analysis of a split sample. Lynch had occupied four stalls at Saratoga Race Course and 11 stalls at Belmont Park. Horses under Lynch's care are being transferred to a covered person who is not affiliated with Lynch as required by HIWU.”

Also new to the list, trainer Mary Pirone was also provisionally suspended for an Altrenogest positive. Based at Emerald Downs, Pirone has been training since 1987. She has won just two races since 2020, going 2-for-31 over that time. Pirone's Benny the Jet (Bernardini) tested positive after finishing fifth in a $2,500 claimer at Emerald Downs June 24. He was also claimed out of that race and in his next start he won for trainer Jorge Rosales and owner Dawn Spillman.

Trainer McLean Robertson, the dominant trainer at Canterbury Park, was also provisionally suspended by HIWU for Altrenogest.

Trainer Javier Morzan was provisionally suspended after his horse Lady Liv (Bal a Bali {Brz} tested positive for Metformin. Top Northern California trainer Jonathan Wong was also provisionally suspended for Metformin. Metformin is commonly used in humans to combat type 2 diabetes. While Metformin is a permitted medication by the U. S. Anti-Doping Agency (USADA) for humans in athletic competition, the National Institutes of Health published a study indicating it has an effect on athletic performance. In a study of 10 men, they determined that “time to exhaustion was significantly higher after Metformin than placebo ingestion,” and that “Metformin improved performance and anaerobic alactic contribution during high-intensity exercise.”

Morzan is currently racing at Delaware Park. He is 5-for-60 on the year and has won 18 total races during a career that began in 2020.

HIWU's list also includes trainer David Reid, who was provisionally suspended after a horse he trained tested positive for Venlafaxine. In humans, Venlafaxine is used to treat depression. It is also used to treat general anxiety disorder, social anxiety disorder, and panic disorder. Reid, who is based at Hawthorne, has a career record of 36 wins from 184 starters.

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Weekly Stewards and Commissions Rulings, July 11-17

Every week, the TDN 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.

The TDN will also post a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These will include decisions from around the country.

New York
Track: Saratoga
Date: 07/12/2023
Licensee: Tyler Gaffalione, jockey
Penalty: Three-day suspension
Violation: Careless riding
Explainer: Mr. Tyler Gaffalione is hereby suspended three NYRA racing days for careless riding during the running of the 2nd race on July 14th 2023 at Saratoga Racecourse. Having appealed a stay has been granted.
Gaffalione is appealing this ruling.

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

This does not include the voided claim rulings which were sent to the TDN directly. Some of these rulings are from prior weeks as they were not reported contemporaneously.

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

Violations of Crop Rule
Colonial Downs
Jose Lucio Riquelme – violation date July 13; $250 fine and one-day suspension, 1-3 excess strikes

Delaware Park
Richard Mitchell – violation date July 12; $500 fine and three-day suspension, 10 strikes
William Humphrey – violation date July 13; $250 fine and one-day suspension, 7 strikes
Jhonatan Freddy Mendoza – violation date July 13; $250 fine and one-day suspension, 7 strikes

Horseshoe Indianapolis
Eduardo Perez – violation date July 11; $250 fine and one-day suspension, 7 strikes

Presque Isle Downs
Martina Rojas – violation date July 11; $250 fine and one-day suspension, 7 strikes

Pending ADMC Violations
Date: 06/25/2023
Licensee: Lorenzo Ruiz, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Diisopropylamine—a banned substance—in a sample taken from American Cat, who won at Los Alamitos on 6/25/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/23/2023
Licensee: Lorenzo Ruiz, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Diisopropylamine—a banned substance—in a sample taken from Facts Matter, who won at Los Alamitos on 6/23/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/20/2023
Licensee: Joseph Taylor, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Methylphenidate and Clenbuterol—both banned substances—in a sample taken from Classy American, who finished second at Parx Racing on 6/20/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/18/2023
Licensee: Joseph Taylor, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Methylphenidate and Clenbuterol—both banned substances—in a sample taken from Cajun Cousin, who finished second at Parx Racing on 6/18/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/13/2023
Licensee: Juan Quintana, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from La Castiglione on 6/13/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

Date: 06/13/2023
Licensee: Arcadio Lopez, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Flunixin—Controlled Medication (Class C)—in a sample taken from Mo Crazy Blues who won at Finger Lakes on 6/13/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

Date: 06/11/2023
Licensee: Guadalupe Munoz Elizondo, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Metformin—a banned substance—in a sample taken from Quinton's Charmer on 6/11/23. This is a possible violation of Rule 3212—Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 06/10/2023
Licensee: Javier Hernandez, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Salicylic Acid—Controlled Medication (Class C)—in a sample taken from Chief Mystique who won at Belterra Park on 6/10/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

Date: 06/10/2023
Licensee: Javier Hernandez, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Salicylic Acid—Controlled Medication (Class C)—in a sample taken from Fast Fall who won at Belterra Park on 6/10/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

Date: 06/8/2023
Licensee: Climaco Galindo-Torres, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Salicylic Acid—Controlled Medication (Class C)—in a sample taken from Delaney's Grace who finished eighth at Belterra Park on 6/8/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

Resolved ADMC Violations
Date: 06/14/2023
Licensee: Richard Shaffer, 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.
Alleged Violation: For the presence of Methocarbamol—Controlled Medication (Class C)— in a sample taken from Devious Mo, who won at Finger Lakes on 6/14/23. This is a possible violation of Rule 3312—Presence of Controlled

Date: 06/13/2023
Licensee: Jeffrey Englehart, 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.
Alleged Violation: For the presence of Methocarbamol—Controlled Medication (Class C)— in a sample taken from Bold Victory, who finished third at Finger Lakes on 6/13/23. This is a possible violation of Rule 3312—Presence of Controlled.

Date: 06/5/2023
Licensee: Scott Lake, 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.
Alleged Violation: For the presence of Phenylbutazone—Controlled Medication (Class C)— in a sample taken from Louella Street, who won at Parx Racing on 6/5/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

Date: 06/2/2023
Licensee: Arnoud Dobber, 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.
Alleged Violation: For the presence of Phenylbutazone—Controlled Medication (Class C)—in a sample taken from Fast Fixer, who finished first in Race 8 at Gulfstream Park on 6/2/23. This is a possible violation of Rule 3312—Presence of Controlled Medication Substance.

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