More Than 70,000 Participants Now Registered With HISA

More than 70,000 Thoroughbred racing participants and administrators across the country have now registered with the Horseracing Integrity and Safety Authority (HISA), in compliance with HISA's Registration Rule which went into effect on July 1, 2022. To date, 30,061 covered persons and 41,953 covered horses have been registered.

As previously announced, HISA will require compliance with its Registration Rule in order to race beginning Mar. 27. Covered Persons and Horses who are not in compliance with the rule will be unable to race until they register in the HISA Portal.

“Reaching 70,000 registered participants is a significant milestone,” said HISA CEO Lisa Lazarus. “We are grateful for the cooperation of the vast majority of racing participants under HISA's jurisdiction who have now registered, and we strongly urge any who have not yet registered to do so by March 27 to remain able to race. With support from the racing community, we're continuing to strengthen the safety and integrity of our great sport.”

Racing participants who have not yet registered themselves or their horses with HISA can do so at hisaus.org/registration.

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Ferndale Loses Fight in CHRB Race Dates Disagreement

Months of contentious jockeying over whether Ferndale (Humboldt County Fair) should run its second of two weeks of racing at the end of August un-overlapped with its Northern California compatriot, Golden Gate Fields (GGF), ended in defeat for the small rural track.

In a 5-1 vote during Thursday's California Horse Racing Board (CHRB) meeting, the board decided that during the week running Aug. 23 to Aug. 29, Humboldt and GGF would field simultaneous race meets.

Ferndale will run the first of two scheduled weeks of racing this year, from Aug. 16 through Aug. 22, un-overlapped.

In what has been framed as a David versus Goliath fight, proponents of Ferndale had advocated for un-overlapped race dates as a financial lifeline for a small fair track that plays both a vital role in the local economy and provides a unique draw for new players into the sport.

GGF has had in its corner the likes of the Thoroughbred Owners of California (TOC) and the California Thoroughbred Trainers (CTT), who argued in support of the San Francisco facility's position as an important economic driver for the state's horse racing industry as a whole.

Given how this same debate has become something of an annual slugfest, CHRB vice chairman Oscar Gonzalez–the sole commissioner to vote in Ferndale's favor after a recent scouting trip to the town–proposed a compromise during the vote tally to help assuage ongoing uncertainty.

“What if we went to a rotation where one year is overlapped the second week, and the other year it goes un-overlapped,” said Gonzalez. “So, essentially, 2023 we would allow for two-weeks of un-overlap. 2024, we go back to the second week being overlapped.”

That proposal, however, garnered no traction–at least for now.

ADW Monies for 2023 HISA Payment

The CHRB voted to use in-state Advanced Deposit Wagering (ADW) monies otherwise earmarked for purses and commissions to cover California's 2023 fee assessment for the Horseracing Integrity and Safety Act (HISA), which amounts to roughly $1.6 million.

The assessment was originally supposed to be around $6.7 million for the year. But because California has agreed to continue performing many of the duties inherent in the law's drug control program–like the collection and testing of samples–HISA has offered California roughly $5.1 million in credits.

As it currently stands, the HISA law covers only Thoroughbreds and not Quarter Horses. CHRB executive director Scott Chaney confirmed when asked that mixed races at Los Alamitos Racetrack between Thoroughbreds and Quarter Horses will not fall under HISA's jurisdiction.

Inclement Weather Policy

The agenda item with arguably the most salience for the horsemen concerned the inclement weather policy the CHRB adopted a couple of years ago in the aftermath of the 2019 Santa Anita welfare crisis, when a rash of fatal breakdowns were attributed to an exceptionally rainy winter, necessitating the track to be frequently sealed.

In short, there remains a perception that horses that work or race immediately after a track is unsealed are at a higher risk of injury–a possible correlation currently being studied by researchers at U.C. Davis.

Right now, once a sealed surface has been opened up, the current policy permits no high-speed workouts for 24 hours, though does allow for everything up to a gallop.

During this winter's volley of storms that have lashed California, the CHRB's inclement weather policy has led to a highly disrupted training and racing schedule for trainers.

“I think it's fair to say that we've received an inordinate amount of rain this year, and so I think it has, shall we say, strained the limits of the inclement weather policy,” admitted Chaney.

According to CHRB equine medical director Jeff Blea, Thursday's meeting provided an opportunity to discuss possible modifications to the policy, with the idea of proposing more concrete rule changes in the future.

Blea outlined a bifurcated proposal whereby for the first 24 hours after a track has been opened up, horses are permitted to jog only.

“The reason for that is, we feel the track is safe for training, but we feel as a matter of safety to reduce the amount of concussion and bone remodeling events that would occur during galloping to limit it to jogging,” said Blea.

According to Blea, for the subsequent 24 hours of the 48-hour period following the opening of a sealed racetrack, horses could be permitted to gallop or breeze as per the discretion of the track superintendent, CTT representation and Blea himself.

“For the second 24 hour of the 48-hour period, we discussed leaving that to jogging only,” said Blea. “But we landed on the conclusion that the determination would be made at the recommendation of the track superintendent in conjunction with myself and the CTT to determine whether the second day after the opening of the seal, we allow jogging or whether we allow them to gallop or even possibly breeze.”

“The decision would depend upon how much water has accumulated in the previous rainstorm, correct?” asked CHRB chairman Greg Ferraro.

“That decision would depend upon how much water occurred during that event, when they were able to get the track sealed, what the track looks like when it's open, how deep they can cut it to ensure there's a safe and consistent base to it,” replied Blea.

Blea confirmed that this policy would apply to both the main track and the training track at Santa Anita. The proposed changes pertain only to training, with no possible modifications to the inclement weather policy proposed at this time for racing.

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Top 10 Ways HISA Will Change Racing

Edited Press Release

The anticipated implementation of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program by the Horseracing Integrity & Welfare Unit (HIWU) on Mar. 27 will strengthen equine welfare and enhance confidence in the fairness of the sport. Here are the top 10 ways HISA's ADMC Program will change racing for the better:

1. For the first time, rules will be uniform and standardized across all states.

The ADMC Program will bring all testing and results management under one central authority, ensuring greater transparency, accountability and consistent application across the country.

2. A paperless chain of custody and collection system will be deployed nationwide.

Sample collection personnel, who will all be trained and certified by HIWU on ADMC Program-compliant protocols, will utilize a paperless system via HIWU's new app, greatly reducing the current inefficient and time-consuming paperwork requirements. The app electronically records the entire sample collection process, and horsemen can receive an electronic receipt of their horses' test sessions via email.

3. Laboratories will be accredited, and their processes harmonized, enabling test results to come back faster in many jurisdictions.

All laboratories that will conduct testing under the ADMC Program must be accredited by the Racing Medication and Testing Consortium (RMTC) and meet the performance specifications to enter into a contract with HIWU. This ensures all labs will be held to the same performance standards regardless of the state they operate in. The harmonization of laboratory processes will ensure consistency in every aspect – from the list of substances tested to the levels at which they are tested. As a result, horsemen can have greater confidence in testing results and assurance that any local, lab-specific factors are not affecting testing outcomes.

Laboratory result turnaround times will enable test results to be delivered promptly so that any procedural issues can be dealt with swiftly. The standard turnaround time will be no more than 10 business days after receipt of the samples for Post-Race test results and no more than five business days for Vets' List clearance test results – a significant improvement for many jurisdictions.

4. ADMC violations will be clearly divided into two categories with differing degrees of penalties.

HISA's ADMC Program explicitly divides substances on its Prohibited List into two categories: (1) Controlled Medications (therapeutic substances that are permitted outside of race day and other specific periods); and (2) Banned Substances (substances that should never be present in a horse).

The substances are categorized differently because HISA recognizes that they can have different effects on a horse and should result in different consequences. Violations involving Controlled Medications and Methods are categorized as Controlled Medication Rule Violations (CMRV), while violations involving Banned Substances and Methods are categorized as Anti-Doping Rule Violations (ADRV). Harsher penalties will be associated with ADRVs because Banned Substances are detrimental to equine welfare, often enhance performance and should never be present in a horse's body.

5. The national results management system will be managed by one central authority rather than a patchwork of local entities.

The results management and adjudication processes under the ADMC Program are organized specifically to avoid potential local biases and ensure swift and consistent outcomes for all racing participants. Under this system, all laboratory test results will be sent directly to HIWU, which will notify individuals of Adverse Analytical Findings (positive tests) and be responsible for the investigation and prosecution process.

Adjudication decisions will be made by the Internal Adjudication Panel (IAP) for CMRVs and the independent Arbitral Body for ADRVs – replacing the previous inconsistent adjudication processes run by state courts, state racing commissions, and stewards. Final decisions by the IAP and Arbitral Body can be appealed to a federal Administrative Law Judge.

6. Anti-Doping Rule Violations involving the presence, use, administration, or attempted administration of a Banned Substances will automatically trigger a Provisional Suspension of the relevant Covered Person, pending full adjudication.

This measure is critical to ensuring integrity in our sport and is a departure from the processes which previously allowed cheaters to evade accountability by exploiting the rule discrepancies in various jurisdictions, continuing to race as they filed appeals and avoided sanctions – including disqualifications – through lengthy litigation.

7. Testing will be intelligence-based so HIWU is able to effectively catch cheaters while using resources efficiently.

The ADMC Program will introduce an intelligence-driven strategic testing plan to be deployed uniformly across the country. Intelligence-based testing has proven effective in catching bad actors when used in other sports and jurisdictions. HIWU's operations team will take an interdisciplinary approach in its allocation of testing across the country with a focus on ensuring the quality and effectiveness of the doping control process.

The operational strategy will also be informed by collaboration with HIWU's investigations unit to incorporate and act on pertinent information received through its anonymous whistleblower platforms. Intelligence from “boots-on-the-ground” industry participants, including stewards and veterinarians, and continued cooperation with state racing commissions and laboratory/scientific partners will inform the test selection process.

8. A discretionary policy for positives resulting from potential environmental contamination is in place.

The ADMC Program's Atypical Findings Policy requires additional investigation in any instance in which a horse tests positive for a substance that has a higher risk of being present as a result of environmental contamination rather than intentional administration. If HIWU determines that the substance was present due to contamination, the test result may be considered negative, and no penalties will be issued.

9. More Out-of-Competition testing than ever before.

Under HISA's ADMC Program, HIWU will oversee the introduction of the first nationwide Out-of-Competition (OOC) testing program for Banned Substances. This extra layer of testing will weed out those who do not operate with integrity, deter others from doing the same and prioritize equine welfare year-round.

OOC testing will only regulate Banned Substances – not Controlled Medications. If a Covered Horse is located on private property, and the Responsible Person does not want sample collection personnel entering the property, they have the option to bring the Covered Horse to a location that is mutually agreed upon with HIWU e.g., racetrack, as long as the Covered Horse is presented at that location within six hours of notification of testing.

10. Investigations will be led by former law enforcement officers and seasoned racing experts.

HIWU's investigations unit, which will help lead the enforcement of the ADMC Program, is led by former law enforcement officials with considerable experience in the racing industry.

Naushaun “Shaun” Richards, who will serve as Director of Intelligence & Strategy, joined HIWU after a 23-year tenure with the FBI, where he initiated and directed the criminal investigation that resulted in the indictments of more than 30 individuals across the racing industry. Shawn Loehr, who will serve as Director of Investigative Operations, previously spent more than 27 years in California law enforcement, most recently spending nearly four years as the chief of enforcement and licensing for the California Horse Racing Board.

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Weekly Stewards And Commissions Rulings, Mar. 7-13

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.

With the Horseracing Integrity and Safety Act (HISA) having gone into effect on July 1, the TDN will also post a roundup of the relevant HISA-related rulings from the same week.

New York
Track: Aqueduct
Date: 03/12/2023
Licensee: Dylan Davis, jockey
Penalty: $2,000 fine
Violation: Failure to ride mount to full ability
Explainer: Jockey Mr. Dylan Davis is hereby fined the sum of $2,000 for failing to put forth his best effort causing his horse ” Jokemeister a placing during the running of the 6th race at Aqueduct Racetrack on March 11, 2023.

NEW HISA STEWARDS RULINGS
The following rulings were reported on HISA's “rulings” portal, except for 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
Golden Gate Fields
Irving Daniel Orozco – violation date March 11; $250 fine and one-day suspension, 7 strikes
Assael Espinoza – violation date March 11; $250 fine and one-day suspension, 7 strikes

Gulfstream Park
Jose Luis Ortiz – violation date March 11; $100 fine, striking horse after the finish line

Oaklawn Park
Reyluis Alberto Gutierrez – violation date March 11; $250 fine and one-day suspension, 7 strikes

Tampa Bay Downs
Angel Arroyo – violation date March 8; $250 fine and one-day suspension, 7 strikes

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