HISA Visits Mountaineer During Chronic Vet Shortage at Track

A representative of the Horse Racing Integrity Act's (HISA) Racetrack Safety Team has been on the grounds at Mountaineer Park in West Virginia this past week–at a time when the track is experiencing an ongoing chronic shortage of attending, association and regulatory veterinarians, according to observers.

According to Jami Poole, president of the Mountaineer Horseman's Benevolent and Protective Association (MHBPA), there is often no veterinarian on the facility's grounds during training hours.

“I'm not pleased about the vet situation here in the morning time,” said Poole, who estimated that training is conducted at Mountaineer for about 50% of the time without a veterinarian on the grounds to ensure that any potentially stricken horse is attended to immediately.

Poole declined to answer when asked if the veterinary shortage at Mountaineer has led to any instances of horses' welfare put in jeopardy.

One unnamed source, however–who asked to remain anonymous for fear of professional reprisal–said that the lack of a veterinarian on the grounds during training has led to one instance, which occurred about two months ago, of an injured horse remaining unattended for a prolonged period of time.

“The horse broke down at around 8:30 in the morning,” said the source. The nearest veterinarian was around 30 minutes away, according to two other sources.

According to Lori Bohenko, the West Virginia Racing Commission's (WVRC) regulatory veterinarian at Mountaineer, there have been two fatalities during morning training at Mountaineer this year. The other, Bohenko said, was a sudden death for which she was present on the track.

The veterinary shortage during training, said Poole, has been ongoing since the start of the year. Curiously, neither the WVRC nor HISA requires a racing association like Mountaineer to maintain a veterinarian presence during training hours.

“Many tracks exceed the current HISA regulations to provide veterinary coverage whenever horses are on the racetrack, and HISA strongly encourages the few that do not provide this care to re-examine their practices and do everything possible to ensure veterinary care is available at all times,” wrote HISA director of racetrack safety Ann McGovern in emailed answers to a series of questions.

McGovern added that the HISA Racetrack Safety representative who visited Mountaineer was working with track management “to provide support and help bring Mountaineer into compliance with HISA's Racetrack Safety standards.”

A dearth of veterinarians at Mountaineer raises equine welfare concerns in other ways, according to those on the grounds.

Aside from no association veterinarians at Mountaineer, Poole said that there was only one full-time attending veterinarian for the entire backstretch–what sources estimate to be typically between 400 and 600 horses.

There should, said Poole, be at least two full-time attending veterinarians for the backstretch. “Good if we had four,” he said, adding that a veterinarian from Texas has expressed interest in working at Mountaineer next year. “I hope she doesn't change her mind,” he said.

Furthermore, the lone regulatory veterinarian who conducts pre-race examinations is sometimes late to the facility due to conflicting work commitments, Poole said. This has occasionally led to pre-race examinations being conducted in the paddock, immediately before a race, he said.

“It's happened probably three times,” said Poole, adding that the sheer workload at Mountaineer was too large for just one regulatory veterinarian. “We couldn't do without her, so you've got to work around her schedule, too,” said Poole, about Bohenko.

The WVRC's other regulatory veterinarian for Mountaineer, Jon Day, retired this past May.

Poole said that he has repeatedly alerted the WVRC, Mountaineer track management and HISA to the veterinary shortage at the track.

The WVRC executive director Joe Moore, did not dispute Poole's claims. “The Racing Commission is aware of the shortage of racetrack veterinarians, not only in WV, but across the country,” wrote Moore, highlighting an industry-wide problem hitting smaller tracks like Turf Paradise especially hard.

When asked what steps the WVRC has taken to correct the veterinary shortage at Mountaineer, Moore wrote that the commission has increased the rate of pay for regulatory veterinarians in recent years.

However, when it comes to private attending veterinarians on the backside, they are there “at the request/contract of the Mountaineer Horsemen,” wrote Moore.

When asked about the track's veterinary shortage, Jim Colvin, Mountaineer's director of racing, wrote, “You will have to address the veterinarian questions to Joe Moore from the WV Racing Commission since Mountaineer has no vets that work for us or are employed by us.”

Colvin failed to answer follow-up questions about whether Mountaineer has attempted to hire association veterinarians to assist the commission's regulatory team and to cover holes during training. Colvin also failed to respond to questions about the recent visit by a HISA representative.

When asked the same question, Moore wrote that commission management was not involved with the HISA representative's visit to Mountaineer Park. “I'm certain he spoke with Racing Commission staff while onsite. However, I have no further details about said conversations.”

HISA's McGovern left the door open to the new federal organization stepping in to fill the veterinary holes at Mountaineer.

“Should HISA determine that safety is compromised at a covered racetrack, HISA has the authority to place a vet at the racetrack, at the racetrack's expense,” she wrote. “HISA has compensated Regulatory and Association veterinarians to enforce HISA regulations. Those expenses are billed back to the racetrack.”

McGovern wrote that HISA “recognizes the national shortage of Equine veterinarians and has had internal discussions about programs to incentivize veterinary students to consider Equine medicine.”

She added, however, “those plans are longer term and do not address the immediate needs.”

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Weekly Stewards and Commissions Rulings Sept. 27-Oct. 3

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.

California:
Track: Los Alamitos
Date: 10/02/2022
Licensee: Juan Hernandez, jockey
Penalty: One-day suspension, $278 fine
Violation: Excessive use of the whip
Explainer: Having violated the Horseracing Integrity and Safety Authority Rule #2280 (Use of Riding Crop) and pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties – Class 3), Jockey Juan Hernandez, who rode COUNTRY GRAMMER in the eighth race at Santa Anita Park on October 1, 2022, is suspended for one (1) day (October 9, 2022), and fined $278.00 (10% of jockey's portion of the purse) for one (1) strike over the limit. Furthermore, Jockey Juan Hernandez is assigned three (3) violation points that will be expunged on April 2, 2023, six (6) months from the date of final adjudication pursuant to Horseracing Integrity and Safety Authority Rule #2282 (Riding Crop Violations and Penalties. Jockey Juan Hernandez has accrued a total of six (6) points.

Florida:
The following was reported on the Association for Racing Commissioners International's recent rulings website.
Track: Gulfstream Park
Date: 10/05/2022
Licensee: Herbert Miller, trainer
Penalty: $1,000 fine
Violation: Medication violation
Explainer: STEWARD'S RULING FINAL ORDER # 2022-037344 – F.S. 550.2415 = METHOCARBAMOL. $1000 FINE IMPOSED AND DUE 10/20/22 TO GULFSTREAM PARK HORSEMENS BOOKKEEPER. LOSS OF PURSE IMPOSED ALSO. “I'LL FIGURE IT OUT”

Track: Gulfstream Park
Date: 10/05/2022
Licensee: Lis Duco, trainer
Penalty: $1,000 fine
Violation: Medication violation
Explainer: STEWARD'S RULING FINAL ORDER # 2022-037253 – F.S. 550.2415 VIOLATION = TRANEXAMIC ACID. $1000 FINE IMPOSED AND DUE 10/20/22 TO GULFSTREAM PARK HORSEMENS BOOKKEEPER. LOSS OF PURSE ALSO IMPOSED. “AMOR LEJANO”

Kentucky:
Track: Churchill Downs
Date: 10/01/2022
Licensee: Keith York, owner-trainer
Penalty: Suspended license
Violation: Disorderly conduct
Explainer: Keith York is hereby suspended for disorderly conduct and his formal rejection from Ellis Park that occurred on September 29, 2022.

Track: Churchill Downs
Date: 10/02/2022
Licensee: Sonny Leon, jockey
Penalty: 15-day suspension
Violation: Intentional attempt to interfere during racing
Explainer: After being represented at a hearing before the Board of Stewards, Sonny R Leon, who rode Rich Strike in the tenth race at Keeneland on Oct. 1, 2022, is hereby suspended 15 racing days, October 9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 26, 27, 28, and October 29, 2022, for intentionally attempting to interfere with and impede the progress of a rival by repeatedly making physical contact with another rider into the stretch.

NEW HISA STEWARDS RULINGS
Note: While HISA has shared these rulings over the past week, some of them originate from prior weeks.

Violations of Crop Rule:
Albuquerque Downs
Luis Ramon Rodriguez–ruling date September 18, 2022
Alejandro Medellin–ruling date October 1, 2022
Miguel Angel Perez–ruling date October 1, 2022

Aqueduct
Manny Franco–ruling date September 29, 2022
Jose Ortiz–ruling date September 29, 2022
Jose Lezcano–ruling date September 30, 2022

Churchill Downs
Jose Riquelme–ruling date September 25, 2022
Edgar Moorales–ruling date September 25, 2022
Joseph Talamo–ruling date September 25, 2022
Joseph Rocco, Jr.–ruling date September 30, 2022
Corey Lanerie–ruling date October 2, 2022

Delaware Park
Carlos Eduardo Lopez–ruling date October 1, 2022
Prairie Meadows
Cassidy Fletcher–ruling date October 2, 2022

Remington Park
Erick Medellin–ruling date September 28, 2022
Presque Isle Downs
Helen Alice Beckman–ruling date September 28, 2022
Eduardo Rojas–ruling date September 30, 2022

Voided Claims
Churchill Downs
Violent Gigi–ruling date September 21, 2022
Beverly's Charge–ruling date September 21, 2022
Mine Own Star–ruling date September 25, 2022
Indimaaj–ruling date September 25, 2022
Supremacy – ruling date September 28, 2022

Horseshoe Indianapolis
Rio Lady–ruling date September 27, 2022

Violations Involving Forfeiture of Purse
Albuquerque Downs
Luis Ramon Rodriquez–$500 fine; 3-day suspension; 5 points; 7-day additional suspension due to accumulation of 11 HISA points

Appeal Request Updates
Albuquerque Downs

Luis Ramon Rodriquez
Crop rule violation
Ruling date September 18, 2022
Appeal filed September 28, 2022
Stay denied

Oscar Ceballos (rider of horse owned by Joseph Peacock, Jr.)
Crop rule violation
Ruling date September 25, 2022
Appeal filed October 3, 2022
Stay granted

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Dr. Mary Scollay Named Horseracing Integrity & Welfare Unit Chief of Science

The Horseracing Integrity & Welfare Unit (HIWU), which was established by Drug Free Sport International to administer the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program, has named Dr. Mary Scollay as its chief of science.

In this role, which she commences Oct. 10, Scollay will oversee HIWU's Science Department, including the HISA Equine Analytical Laboratory accreditation program, and education efforts ahead of the ADMC Program launch in January 2023. She will also prioritize research development into Prohibited Substances while engaging with veterinary scientists, pharmacologists, and other experts in the Thoroughbred industry. Additionally, Scollay and her team will manage a Prohibited Substances database that will be available for industry stakeholders to use as a reference tool.

Scollay joins HIWU after serving as the Racing Medication & Testing Consortium's (RMTC) executive director and chief operating officer for three years. While with the RMTC, she directed the advancement of world-class laboratory drug testing standards, promotion of RMTC-recommended rules and penalties for prohibited substances and therapeutic medications, monitoring of emerging threats to the integrity of racing and the health and welfare of racehorses, and administrative oversight of RMTC-funded research projects and educational programs.

Before leading the RMTC, Scollay spent more than 30 years as a racing regulatory veterinarian, including 11 years as the Kentucky Horse Racing Commission's equine medical director.

“Dr. Scollay's extensive experience in the areas of anti-doping rules, testing standards, and veterinary regulation in the Thoroughbred industry will make her a key asset to HIWU,” said Ben Mosier, executive director of HIWU. “We are fortunate to retain her knowledge and skillset as we prepare for the implementation of the ADMC Program on January 1, 2023.”

Named to HISA's ADMC Standing Committee in May 2021, Scollay has resigned from that responsibility to take on her position with HIWU.
“HISA represents the way forward for Thoroughbred racing, the only way forward,” said Scollay. “I am grateful for the opportunity to continue serving the sport during this transition, and I am committed to working with HIWU to deliver a best-in-class equine anti-doping program to the industry.”

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Texas Congressman Files Bill to Delay HISA Implementation to Jan. 1, 2024

Representative Lance Gooden (R-TX-05) introduced legislation in the United States House of Representatives Tuesday that would delay the implementation date of the Horse Racing Integrity and Safety Act (HISA) from July 1, 2022, to Jan. 1, 2024.

“I speak for all our membership, whose livelihood is determined by horse racing, when I say introduction of this legislation is a welcomed bit of common sense,” said Eric Hamelback, CEO of the National Horsemen's Benevolent and Protective Association (NHBPA). “HISA's implementation so far has been inconsistent, contradictory, confusing, burdensome, and plagued by a failure to understand real world conditions. A reasonable pause giving horsemen in Texas and across the country time to work with HISA to fix these problems before any further harm is done serves everyone's interest. We thank Representative Gooden for taking this first step.”

“The Authority has created uncertainty and harmed the horseracing industry,” said Rep. Gooden. “State governments are best equipped to regulate their respective horse racing industries and I will not stand idly by while the federal government once again pushes a one-size-fits-all approach.”

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