HISA | Horse Racing Free Tips

Vets: HISA Puts Them at ‘Greater Risk than Other Covered Persons’

The North American Association of Racetrack Veterinarians (NAARV) is arguing for the United States Court of Appeals for the Fifth Circuit to overturn the Horseracing Integrity and Safety Act (HISA) on constitutional grounds because the law allegedly “places the racetrack veterinarians at a greater risk than other covered persons” from a due process standpoint.

Chief among the assertions made by the NAARV in a 51-page “friend of the court” brief filed July 14 are that “initial findings of wrongdoing by a member of NAARV, pursuant to HISA, result in a report to the Federal Trade Commission (FTC) and, therefore, a federal violation. A federal violation would inevitably result in the loss of not only the NAARV member's track license, but also the loss of the member's professional license to practice veterinarian medicine.”

In addition, the NAARV alleged that HISA creates a “financial barrier to due process review.”

That's because, according to the NAARV's filing, the ultimate authority, the FTC, isn't obligated to accept any covered person's request for review of a HISA ruling against them.

And if such a request for review is denied, that covered person's only right to appeal is to bring the matter all the way to a United States Court of Appeals, the NAARV stated. There are only 12 such courts in the country, divided regionally.

“Logistically, this is more challenging,” the NAARV filing stated. “Take, for example, a covered person who has an alleged violation in Texas. He or she must now pursue an appeal before the Fifth U.S. Circuit Court of Appeals in New Orleans, Louisiana.

“A person who has allegedly committed a medication violation in Puerto Rico, if he or she decide to appeal, must pursue that appeal before the First U.S. Circuit Court of Appeals in Boston,” the brief continued.

Beyond potential travel burdens, the NAARV pointed out, bringing any legal action to that level of the federal court system isn't cheap.

“The estimated legal cost for a trip to the U.S. Court of Appeals is in excess of $25,000,” the NAARV stated.

“It creates a cost or premium for substantive due process rights that is unobtainable for most NAARV members and thus, results in a denial of their due process rights,” the NAARV stated.

At a different point in the filing, the NAARV explained that veterinarians accused of wrongdoing would no longer be “in a position to 'take the deal' on a minimum violation but instead forced to defend their position to maintain their license and their livelihood.”

The NAARV continued: “Prior to the implementation of HISA, NAARV members were able to negotiate a state violation without necessarily risking their general veterinary license. Under HISA, they are forced to do so in a system [that] deprives them of both substantive and procedural due process.”

The NAARV's assertions were made in support of the appeal led by the National Horsemen's Benevolent and Protective Association (NHBPA) and 12 of its affiliates.

The defendants in the underlying case, which has lingered in the federal court system for 28 months, are personnel from the FTC and the HISA Authority.

The HISA Authority and FTC have an Aug. 4 deadline to file their own briefs with the Fifth Circuit Court.

Oral arguments in the case are tentatively scheduled for the first week in October.

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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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On TDN Writers’ Room Podcast, HISA’s Lazarus Admits Mistakes Have Been Made

Because of a number of developments over the last few weeks that can be characterized as missteps, Horseracing Integrity and Safety Authority (HISA) Chief Executive Officer Lisa Lazarus has had a chance to reflect on what's gone right and what's gone wrong since the Anti-Doping and Medication Control (ADMC) Program went into effect in May. Appearing as this week's Green Group Guest of the Week on the TDN Writers' Room podcast presented by Keeneland, Lazarus addressed the problems and made no attempt to sugarcoat them.

“If we look at the main thing that people are talking about, which is the rules covering intra-articular injections, workouts and races, we just got it wrong,” she said, referring to a rule that puts horses on a 30-day suspended list when they have had a workout within seven days of an injection or have raced with 14 days of the injection. HISA did not always enforce its own rules and several horses raced and/or worked while suspended.

She continued: “There's really nothing more I can say. But what I'm proud of is that we're a team and when we realize we get something wrong, we don't sort of sit on ego or stand on principle and say, we don't care. We're going to just power through. We try to fix it. So I realize that's going to always yield some criticism. And I accept that because, sure, ideally it will be better not to have gotten it wrong.”

Another issue was the initial rule which imposed a 60-day suspension on a trainer violating the intra-articular rule, which many saw as being too harsh of a penalty. HISA has amended the rule and first time offenders will no longer be subject to a suspension.

“The sanction was way too onerous given if you look at the entire structure of the sanctioning system,” she said. “It was just way too severe of a sanction to penalize a trainer for 60 days.”

One area in which HISA does not appear to be ready to make changes is how it deals with trainers who receive positives for substances that are on the banned substance list. In that case, the trainer is provisionally suspended almost immediately, before they have had a hearing and before the results of a split sample have come back. HISA critics have called this a case of “guilty until proven innocent.”

“I'm a huge believer in the provisional suspension,” she said. “I know it's tough and people have got to adjust to it and we've got to make sure that everything is okay in terms of how it operates. But it's a game changer because otherwise there's just too much incentive to kick things down the road. Do you really believe that any trainer would have come forward within 48 hours of a notification with information that was exculpatory if he or she was not really suspended? We need to get these things moving more quickly.”

Elsewhere on the podcast, which is also sponsored by the Pennsylvania Horse Breeders Association, Kentucky Thoroughbred Owners and Breeders, NYRABets.com, WinStar Farm, XBTV.com andhttps://www.threechimneys.com/ West Point Thoroughbreds, the team of Bill Finley, Randy Moss and Zoe Cadman fondly remembered 2003 GI Kentucky Derby winner Funny Cide (Distorted Humor), who died earlier in the week of colic. The impending closure of Golden Gate Fields, announced Sunday by 1/ST Racing, was another major topic of discussion as was the coming weekend of racing, which will be topped by the GI Haskell S. at Monmouth. On the betting front, an explosive op/ed in the TDN written by Thoro-Graph's Jerry Brown about Computer Assisted Wagering (CAW) was on the menu, with the team agreeing with Brown's main premise, that CAW play is a serious problem that has to be addressed.

Click here to watch the Writers' Room podcast or here for the audio-only version.

The post On TDN Writers’ Room Podcast, HISA’s Lazarus Admits Mistakes Have Been Made appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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Art Collector on List of Horses Provisionally Suspended by HISA for Violating Intra-Articular Injection Rule

The Horseracing Integrity and Safety Authority (HISA) has issued a new list of horses that have been provisionally suspended for violating the rules regarding intra-articular injections and it includes Grade I winner Art Collector (Bernardini).

The Paulick Report was first with the story.

Under new rules put in place by HISA that went into effect in May, horses who have had an intra-articular injection are prohibited from running within 14 days of the injection and cannot have a published workout within seven days of the injection. Art Collector, who is trained by Hall of Famer Bill Mott, was injected on June 21. According to Equibase, he had a five-furlong workout at Saratoga on June 26. With the violation, Art Collector was placed on the provisionally suspended list, which requires that he not race or work out for 30 days.

He will come off the provisionally suspended list on July 21.

The HISA rules covering inter-articular injections have gone through several revisions. Originally, any trainer found to violate the rule was subject to a 60-day suspension but that was dropped when HISA determined many of the offenses were caused by confusion and that many trainers did not understand the new rules. Those rules were tweaked during the time that Art Collector had the injection and the workout. In addition to the horse being put on a suspended list, Mott has received a warning letter. Still new rules went into place on July 16. Under this set of guidelines, any trainer who violates the rules will receive a $3,000 fine for the first offense. However, the horse in question is not provisionally suspended.

After declining to publish the list of the first batch of horses that had violated the rule, HISA reversed course and published a list the next day of 19 horses who were in violation of the rule. Those horses should not have been allowed to race while on the suspension list but nine of them did and three won their next start.

The new list contains 15 names. As was the case with the first list of names that was revealed, HISA did not enforce its own rules. None of the horses on the list should have been allowed to race while suspended, but six made it into the starting gate. In the case of Celtic Treasure (Treasure Beach {GB}), he was injected on June 12 and raced twice before his suspension ended on July 12. In another case, To Kalon (Ghostzapper) ran in a race just three days after having the injection.

With Art Collector coming off the list on Friday, he should be ready to return to the races at Saratoga quickly and could point for races like the GI Jockey Club Gold Cup. Another option might be the GII Charles Town Classic, a race he won in 2022 and 2021. He last ran on May 5 at Churchill Downs, where he finished second in the GII Alysheba S. The biggest win of his career came in January when he won the GI Pegasus World Cup Invitational at Gulfstream.

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