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Arnold Receives Seven-Day Suspension for Tramadol Positive; Raises Contamination Questions

Trainer Rusty Arnold has been suspended seven days and fined $1,000 after the 2-year-old filly he trains, Figgy (Candy Ride {Arg}), tested positive for a metabolite of Tramadol.

“I received notification and today am accepting the penalties for a horse in my care testing for a controlled substance under current HISA/HIWU regulations,” said Arnold in a letter circulated by the National Horsemen's Benevolent and Protective Association. “To be clear,” continues Arnold, “I have no issue that I have a positive post-race test. The problem is why it is a positive. We can't afford to just stand on the rail expressing outrage whenever one of our training colleagues gets ensnared in HISA and HIWU testing policies and penalties that defy common sense and ignore the realities of our environment. We need to speak not amongst ourselves but to speak up together to regulators–loudly–that the system in place is unfairly hurting livelihoods and reputations while doing nothing to make our horses and industry safer. I'm not anti-HISA (Horseracing Integrity & Safety Authority). But I'm very much against some of the policies they've put in place–and allowed its enforcement arm HIWU (Horseracing Integrity & Welfare Unit) to put into place–in determining drug and medication violations.”

Arnold said the drug was detected in Figgy's post-race test after her win in a Dec. 27 maiden race at Turfway, at a level of three nanograms per millileter of urine.

Tramadol is a narcotic used for moderate to moderately severe pain, according to the Mayo Clinic, which says it is also used to treat severe pain when opioids cannot be used or are not effective. It is often given post-surgery.

Officials at HIWU released a statement to TDN upon request. The statement read:

“A first-time presence violation for Tramadol, a Class B Controlled Medication under HISA's ADMC rules, calls for a period of Ineligibility of up to 15 days. This mirrors the penalty recommended for Tramadol in the ARCI's Model Rules, which predate HISA. Mr. Arnold chose to admit the violation, which reduces his period of Ineligibility to 7 days.”

Arnold continued: “I am accepting my penalty and will move on. However, I do 100 percent deny giving or instructing anyone on my staff to administer Tramadol to Figgy,” Arnold wrote. “We interviewed every person who came in contact with Figgy and no one had a Tramadol prescription. Figgy is under 24/7 state-of-the-art video surveillance supplied by Keeneland. This was offered to HISA, but they never responded to the offer to make that video available. We do not believe Figgy received Tramadol in our care.

“It is our belief that Figgy was contaminated with Tramadol either on the van ride to Turfway Park that day or in the receiving barn where she was in her assigned stall for approximately eight hours prior to her race. We have no control over those factors.”

Arnold said that he felt that HISA was unrealistic in its views and penalties for environmental contamination. “Horses are grazing animals,” he wrote. “They eat dirt. They love to lick smelly wet spots in stalls. They eat manure. They lick the walls of ship-in stalls. It is unreasonable to think we can control this.”

HIWU's statement to TDN continued: “HISA has introduced a cleanliness review of receiving barns into its racetrack accreditation visits and will continue to emphasize to racetracks the importance of maintaining the highest level of cleanliness standards in receiving barns to minimize any risks to horses.”

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Weekly Stewards and Commissions Rulings, Feb. 27 – Mar. 4

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

Among this week's rulings, trainer Daniel Franko has been suspended seven days after his trainee, Misty's Cat, tested positive for caffeine, when winning at Golden Gate Fields on Dec. 1 last year. He was also fined $1,000. Caffeine is a Class B controlled substance under HISA. The case was resolved without a hearing.

NEW HISA/HIWU STEWARDS RULINGS

The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity and Welfare Unit's (HIWU) “pending” and “resolved” cases portals.

Resolved ADMC Violations

Resolution Date: 03/06/2024

Licensee: James Watkins, trainer

Penalty: 15-day period of Ineligibility for Covered Person, beginning on March 7, 2024; 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. Final decision by HIWU.

Explainer: For the presence of Xylazine-Controlled Medication (Class B)-in a sample taken from Dennis's Pride, who finished fifth at Fanduel Sportsbook and Horse Racing on 11/11/23. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 03/28/2024

Licensee: Michael Simone, 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 Another Duke, who won at Tampa Bay on 1/28/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 02/29/2024

Licensee: Howard Love, trainer

Penalty: None. Equine controlled medication charges withdrawn.

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Slender Slipper on 2/3/24. This was a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolution Date: 02/29/2024

Licensee: Daniel Franko, trainer

Penalty: 7-day period of Ineligibility for Covered Person, beginning on March 1, 2024; 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 Caffeine-Controlled Medication (Class B)-in a sample taken from Misty's Cat, who won at Golden Gate on 12/1/23. This was 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: 12/27/2023

Licensee: George Arnold II, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: For the presence of Tramadol-Controlled Medication (Class B)-in a sample taken from Figgy, who won at Turfway Park on 12/27/23. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/28/2024

Licensee: Isidro Tamayo, trainer

Penalty: Pending

Alleged violation: Vet's list medication violation

Explainer: For the presence of Phenylbutazone-Controlled Medication (Class C)-in a sample taken from Silent Beauty on 1/28/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 02/16/2024

Licensee: Patrick Biancone, trainer

Penalty: Pending

Alleged violation: Medication violation

Explainer: A possible violation of Rule 3314-Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method-on the horse, Infinite Diamond. This was also a possible violation of Rule 4222-Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 02/06/2024

Licensee: Patricia Farro, trainer

Penalty: Interim suspension

Alleged violation: Medication violation

Explainer: For the presence of Cobalt Salts-a banned substance-in a sample taken from Deplane, who won at Parx Racing on 2/6/23. This is a possible violation of Rule 3212-Presence of a Banned Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 02/02/2024

Licensee: Brandon Kulp, trainer

Penalty: Pending

Alleged Violation: Medication violation

Explainer: For the potential breach of Rule 4221-Alkalinization or use/administration of an Alkalinizing Agent (TCO2)-on Me Darlin Kathleen, who won at Penn National on 2/2/2024. This is also a possible violation of Rule 3313-Use of a Controlled Method During the Race Period.

Date: 02/14/2024

Licensee: Jose D'Angelo, trainer

Penalty: Pending

Alleged violation: Vets' list medication violation

Explainer: For the presence of Omeprazole and Cimetidine-both Controlled Medications (Class C)-in a sample taken from Sun Azteca on 2/14/24. This is a possible violation of Rule 3312-Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 01/31/2024

Licensee: Jamie Ness, trainer

Penalty: Pending

Alleged Violation: Medication violation

Explainer: For the potential breach of Rule 4221-Alkalinization or use/administration of an Alkalinizing Agent (TCO2)-on Tops the Chart, who finished fourth at Parx Racing on 1/31/2024. This is also a possible violation of Rule 3313-Use of a Controlled Method During the Race Period.

Violations of Crop Rule

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

Oaklawn Park

Joe Bealmear – violation date March 3; $250 fine, no further details
Rafael Jesus Bejarano – violation date March 2; $250 fine, no further details
Joe Bealmear – violation date March 1; $250 fine, no further details

Santa Anita

Tyler Baze – violation date March 1; $250 fine and one-day suspension, 7 strikes

Sunland Park

Larry Marquez – violation date Feb 29; $250 fine and one-day suspension

Tampa Bay Downs

Carlos Eduardo Rojas- violation date Feb 28; $250 fine and 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: Santa Anita

Date: 03/01/2024

Licensee: Dale Brewer, owner

Explainer: Owner Dale Brewer, having satisfied a financial complaint filed by Farrier Kyle Baze for $750.00, is restored to good standing and California Horse Racing Board LATS Ruling #175 dated May 04, 2014, is set aside.

Track: Santa Anita

Date: 03/01/2024

Licensee: Armando Ayuso, jockey

Penalty: Three-day suspension

Violation: Careless riding

Explainer: Jockey Armando Ayuso, who rode Takes Three in the tenth race at Santa Anita Park on February 25, 2024, is suspended for 3 racing days (March 8, 9, and 10, 2024) for crossing over without sufficient clearance going into the first turn, causing interference resulting in the disqualification of his mount from first to second; a violation of California Horse Racing Board rule #1699 (Riding Rules-careless riding).

Track: Santa Anita

Date: 03/03/2024

Licensee: Debbie Winick, trainer

Penalty: $500 fine

Violation: Prohibited use of an electro-magnetic blanket on race day

Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2271 (Prohibited Practices) Trainer Debbie Winick, who was scheduled to run Ghostly Act in the fourth race at Santa Anita Park on January 26, 2024, is fined $500.00 for prohibited use of an electro-magnetic blanket on race day, necessitating a late declaration.

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ARCI Meeting To Tackle Evolving, Unsettled Issues In Racing

Edited Press Release

The Annual Meeting of the Association of Racing Commissioners International (ARCI) convened Wednesday in Columbus, Ohio, in the midst of an evolving regulatory structure for Thoroughbred racing and great uncertainty for what the future may hold.

Outgoing Chair Tom Sage, the retiring Executive Director of the Nebraska Racing and Gaming Commission, gaveled the meeting to order saying, “One thing is certain, change is inevitable. Whether the change is good or not so good, we shall see. Regardless, the agencies that regulate this sport will adapt and continue to be independent voices for animal welfare and integrity in sport.”

A packed agenda will focus discussions on equine welfare and the work of the AAEP Racing Committee as well as HISA's racetrack safety program and what Dr. Sue Stover is learning from the data HISA collects. There will also be panels on challenges facing the testing labs, racing investigators, as well as the pressing need for equine aftercare.

The economic future of racing will be discussed in the context of a panel that will focus on how racing might benefit from the growth of sports betting. Projects currently in the works as well as ideas not yet tried will be discussed.

The attendees will be asked to explore the two distinctly different worlds of anti-doping in sport, those sports where Therapeutic Use Exemptions allow athletes to train and compete after being administered a medication that ARCI Model Rules (and the new HISA rules) do not allow and horse racing which does not permit TUE's.

“Human sports have decided that certain administrations are necessary to safeguard the health of their athletes with a documented medical need,” ARCI President Ed Martin explained. “Those betting and participating in those sports are just as sensitive as to how they perform in competition as those in horseracing are. They claim these drugs, although they can affect performance, do not permit the athlete to perform beyond their natural ability.

“We have never discussed this topic and nothing is being proposed, but in an environment where our primary focus is on the health of our horses, are there issues here that we collectively have never considered?” he explained.

The ARCI will also elect Board Members for the coming year and Commissioner Doug Moore of Washington will assume the Chairmanship of the Association on Friday. The newly formed Board will also elect a Chair-elect who will automatically become Chair next year.

More information on the meeting can be found at the ARCI website.

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HISA, HIWU Open Investigation into UK Lab

The Horseracing Integrity and Safety Authority (HISA) and Horseracing Integrity and Welfare Unit (HIWU) have opened an investigation into the University of Kentucky's Equine Analytical Chemistry Laboratory's performance, according to a joint statement Tuesday by the agencies.

On the 16th of last month, HIWU stopped sending samples to the UK Lab. Prior to that, the laboratory had been one of six drug testing facilities used under HISA's anti-doping and medication control (ADMC) program.

Last week, Scott Stanley officially stepped down from his position as the UK Lab's director and has been reassigned within the university.

HISA and HIWU are also cooperating with the university's own investigation into the matter, according to Tuesday's joint statement.

“On Tuesday, February 13, leadership from HISA, HIWU, and the University of Kentucky met in person to discuss concerns with the performance of the University of Kentucky Equine Analytical Chemistry Laboratory (UK Lab),” reads to the joint statement.

“At this time, HISA and HIWU were informed by the university that it was conducting an ongoing personnel investigation relating to Dr. Scott Stanley, the director of the UK Lab, and Dr. Stanley was not permitted to be in direct communication with the other staff at the laboratory,” the joint statement read. “The university also expressed staffing concerns related to the laboratory's operations.”

It is currently unclear, however, what the specific nature of the investigations entail.

Earlier on Tuesday, Stanley told the TDN that he stepped down from the position in part due to delayed turnaround times of samples, issues with the chain of custody handling of samples, along with communication issues with HIWU.

“There were ongoing communication problems, getting data from the client and communicating results back,” Stanley said, about the UK lab's working relationship with HIWU.

According to Stanley, HIWU stopped sending samples to the UK Lab with no prior notification given.

In a statement, a university spokesperson wrote that Stanley remains a member of the UK faculty and that his position has been reassigned for him to “expand the scope of his research program and focus on industry priorities.”

The spokesperson added, “We are moving quickly to name an interim director as part of our commitment to the important work conducted at the lab. During this interim period, we have taken the appropriate steps to refer samples to other equipped laboratories for a complete analysis.

“We will, in the near future, announce plans for how we will search for a permanent director. Our commitment is to provide outstanding service on behalf of the horse industry. That commitment is something we are continually striving to honor.”

According to Stanley, the UK lab handled roughly 800 blood and 800 urine post-race samples a month, and approximately 600 additional blood samples monthly, associated with TCO2, vets' list and out-of-competition testing.

Since Feb. 16, all samples collected in Kentucky and Florida that previously would have been analyzed by the UK Lab have been redirected to Industrial Laboratories in Colorado “indefinitely,” according to HISA and HIWU's joint statement.

“Going forward, HISA and HIWU are fully confident in the ability of Industrial Laboratories to handle the increased volume of samples and ensure that all samples are processed and analyzed in compliance with the ADMC Program,” the statement read.

These developments mark the latest twist in HISA's efforts to build an efficient and uniform drug testing program from a previously fractured lab testing environment.

The TDN reported last year that a variety of differences between the laboratories–from different testing equipment to different testing methodologies to different sets of staff interpreting the results–mean that they screen for different numbers of substances, and have varying abilities to screen for the same substances, outside of some 300 core analytes.

“HISA and HIWU remain steadfast in our commitment to promoting the highest levels of safety, integrity, and welfare in Thoroughbred racing. As part of this commitment, we continually evaluate our partner laboratories through an external quality assurance program, as well as internal assessments,” their joint statement read, on Tuesday.

“For the benefit of all human and equine stakeholders, laboratories who fail to satisfy our requirements will be removed from service in the ADMC Program.”

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