HISA Threatens Turf Paradise Simulcast Shutdown if Repairs Not Made

Despite entering into an agreement with the Horseracing Integrity and Safety Authority (HISA) to get Turf Paradise up to date on existing national safety regulations, sufficient repairs were not made to improve the condition of the railing and the Phoenix, AZ, track received a deadline of Apr. 1 for completion or be “prohibited from conducting Covered Horseracing.”

The news came via a press release from HISA.

In January, HISA cited the track for non-compliance on Rules 2153 “racetrack facilities”, 2154 “racetrack surface monitoring”, 2168 “equine ambulance”, 2262 “void claim”, 2276 “horseshoes”, 2282 “riding crop violations and penalties” non-enforcement, and 8520(d) “non-payment”.
In a Feb. 24 order, both the track and Authority agreed that HISA steward Jorge Estrada, track officials and representatives from The Jockeys' Guild would inspect the rails before Mar. 1 and identify areas where panels may have sharp edges, and repair those areas by Mar. 12. A hearing was conducted remotely via Zoom on Mar. 16 to address issues of non-compliance with the terms of the Agreed Order that remained unresolved as of the date of the hearing, and the Authority found the repairs to the rail to be insufficient.

“After deliberating upon the evidence, it was manifestly clear to the members of the Board Panel that the condition of the railing at Turf Paradise poses a significant risk to the safety of the jockeys and horses participating in Covered Horseraces at the racetrack,” the ruling stated. “There is no dispute that the condition of the railing is unacceptable or that to date Turf Paradise has failed to effect the repairs clearly articulated in the Agreed Order. It is vital that the unsafe condition of the railing be rectified as soon as possible.

“The Board Panel therefore orders that Turf Paradise complete the repairs to the railing, as set forth in the Agreed Order, no later than March 31, 2023. Completion of the repairs and compliance with the remaining elements of the Agreed Order will be verified by an inspector designated by Authority CEO Lisa Lazarus with such inspection to be conducted on or before March 31, 2023. If the repairs are not completed on or before March 31, 2023, or if there is evidence of any other deficiency in compliance with the Authority's rules as set forth in the Agreed Order of February 24, 2023, Turf Paradise shall be prohibited from conducting Covered Horseraces as of April 1, 2023, pending any further action taken by the Authority.

“The Board Panel declines at this time to impose monetary sanctions upon Turf Paradise for past delays in completing the repairs.”

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Reinhardt Named HISA Assistant General Counsel

The Horseracing Integrity and Safety Authority (HISA) has announced that Samuel Reinhardt will be joining the organization as Assistant General Counsel, effective today.

A native Kentuckian, Reinhardt joins HISA from the law firm Stoll Keenon Ogden PLLC (SKO) where he litigated a variety of equine-related matters, including cases regarding the sale of horses, claims asserted against Thoroughbred auction houses, and disputes over wagering anomalies. He has been recognized on numerous occasions for his legal work by the peer-reviewed publication Best Lawyers.

“Sam's experience with state and federal equine industry litigation as well as his passion for the advancement of Thoroughbred racing makes him a great addition to our team,” HISA CEO Lisa Lazarus said. “We look forward to having Sam join us as we continue to implement important safety, operational, and integrity standards for our sport across the country.”

Reinhardt will work alongside Outside General Counsel John Roach to support the organization's day-to-day operations regarding the safety and integrity of horse racing.

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Horseracing Integrity And Welfare Q&A: Denali Stud’s Craig Bandoroff

The Horseracing Integrity & Welfare Unit (HIWU) provided this Q&A with questions submitted by Craig Bandoroff of Denali Stud.

Although I've read explanations and have had people try to explain it to me I still don't understand why we test to such a small level.  As I understand it a picogram is one-trillionth of a gram.  How can that have any affect on a 1200-lb horse?  Why do we test to such a small level?  Are we using the ARCI recommended guidelines?

It is important to remember that a picogram is a measure of weight, not potency. While some legal drugs are more potent and are administered in low doses, others are less potent and require larger doses to achieve their intended effects. This is why the Screening Limits used by HISA are different depending on the substance.

It is also important to note that substance concentrations are reported “per milliliter.” Thus, the picogram amounts you read in a lab report must be multiplied by approximately 50,000 to reflect the total milliliters of blood that can be found in a horse.

The Horseracing Integrity and Safety Act requires HISA to adopt the standards used by the International Federation of Horseracing Authorities (IFHA), which are followed in nations around the world and independent of the ARCI's guidance, as a starting point. The IFHA's Screening Limits and Thresholds are vetted by the European Horseracing Scientific Liaison Committee, which is composed of veterinary pharmacologists, regulatory veterinarians, chemists, and other racing regulators, before being approved by the IFHA. There are certain substances, e.g., phenylbutazone, for which the ADMC Standing Committee decided to deviate from the IFHA's published recommendations based on additional science and industry-specific insight.

Everyone agrees the ultimate goal is to keep honest people honest and dishonest people afraid to break the rules.  And that the objective is not to penalize trainers and owners that make honest inconsequential mistakes but rather catch the cheaters. Are we doing enough to catch the cheaters and those taking advantage of the system?  The objective isn't to penalize honest trainers and subsequently their owners for honest mistakes that result in an insignificant overage and that don't affect a horse's performance, is it?

The Anti-Doping and Medication Control (ADMC) Program is designed to detect and deter those who intentionally try to break the rules, thus compromising the integrity of the sport and the welfare of equine and human athletes. The Program includes a test distribution plan that will focus on utilizing testing resources in a manner that will both detect and deter violations, including thorough intelligence-based target testing.

In addition, sanctions associated with Anti-Doping Rule Violations, which include the use or administration of substances that are prohibited from being present in a horse at any time (Banned Substances), are intended to be harsh.

However, there are significantly less severe penalties for offenses related to legal Controlled Medication Substances. For example, the penalty for a first offense related to a Class C medication such as phenylbutazone or methocarbamol is the disqualification of race-day results and a fine of up to $500. There is no suspension.

For many types of cases, direct penalties for the Covered Person(s) involved can be reduced or eliminated depending on the degree of fault determined by the adjudicator(s) hearing the case.

Promoting integrity of the competition and welfare of the horse are two key pillars of the ADMC Program. In support of these two principles, the regulations require that disqualifications are upheld for positive tests regardless of fault in acknowledgment of the fact that the integrity of the race and/or the welfare of the horse may have been compromised by the presence of a Prohibited Substance in the horse's system.

On a national scale, HIWU's team includes an investigations unit that will utilize data science, intelligence from local investigators and racing officials, e.g., stewards and regulatory veterinarians, and information received from HIWU's anonymous whistle blower platforms. This group's objectives are to identify and catch those who commit violations of the Program, especially the most egregious offenses. HIWU Director of Intelligence & Strategy Shaun Richards brings 23 years of experience with the FBI and initiated and directed the criminal investigation that ultimately resulted in the indictments of more than 30 individuals, including trainers Jorge Navarro and Jason Servis.

What are we doing about positives that are possibly the result of contamination or human error? I was involved in a case that it seemed that the positive was a result of contamination at some point.  A Hall of Fame trainer with a pristine record had a horse test positive for a sedative drug he said he doesn't use and the horse was never given.  The horse ran his eyeballs out that day. My owner lost the $40,000 purse. We think the sample was contaminated or perhaps nefarious behavior took place, or someone along the chain of testing made a mistake.  I guess a positive is a positive and if you break the rules you are going to be penalized.  Even so, that's not what we should be trying to do in regulating horse racing, is it?  Do we have anything in place to address these types of situations?

The ADMC Program includes an Atypical Findings Policy that is intended to address cases of environmental contamination.  Under this Policy, if a laboratory detects the presence of the following types of substances, it will report the result as “Atypical,” NOT “positive”:

Specified Substances that pose a higher risk of being present due to environmental contamination, e.g., caffeine, cannabinoids, ractopamine, scopolamine, zilpaterol;

Endogenous substances, e.g., testosterone; or

Substances that pose a high risk of contamination but have yet to be identified.

When an Atypical Finding is issued, an investigation will be launched by HIWU, and the horse's trainer and/or owner will have the opportunity to provide information that can explain the presence of the substance. Examples of evidence could include proof that the horse consumed feed or bedding that was shown to have been contaminated with the substance in question. The trainer could also provide veterinary evidence indicative of the levels of the substance present in the horse naturally.

If HIWU determines that the Atypical Finding was due to environmental contamination and/or that the substance was not exogenously administered based on information gathered, the laboratory result will be considered negative, and no further action will be taken in connection with the result. Consequently, there will be no loss of purse money or imposition of any other sanctions.

The Atypical Findings Policy is intended to protect trainers from being punished for substance exposures beyond their control.

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RMTC Completes Analysis Of HISA Withdrawal Guidance

The Racing Medication and Testing Consortium's Scientific Advisory Committee has now completed its analysis of HISA's proposed ADMC screening limits and detection times and has developed a withdrawal guidance limited to RMTC's schedule of Controlled Therapeutic Substances. This withdrawal guidance is based on existing research and administration data. The complete withdrawal guidance, which is subject to change, can be found here.

The intention is for the RMTC to provide the industry with scientifically derived information to aid attending veterinarians and horsemen in making medication decisions and to avoid preventable errors, promote compliance with HISA's regulations, and provide all available information in advance of HISA's expected ADMC implementation date of March 27.

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