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Vets’ Attorney in Bisphosphonate Suspension Says Drs. Followed the Rules

The attorney for veterinarians Scott Shell and Barbara Hippie, who have been provisionally suspended by the Horse Racing Integrity and Welfare Unit (HIWU) for possession of bisphosphonates and two other medications told the TDN Saturday morning that the veterinarians were operating under the rule as published.

“Drs. Shell and Hippie vehemently deny any violation of the veterinary rules as posted pursuant to HISA,” said Drew Mollica by phone Saturday. “We look forward an immediate hearing so that all of the facts may be explored and their good names and reputations restored. Dr. Shell's practice is known for its integrity, and any substances in his possession were used properly, and were in his possession pursuant to the rules.”

Covered horses are defined by the Horseracing Integrity and Safety Authority “any Thoroughbred horse, or any other horse made subject to the Act by election of the applicable State Racing Commission or the breed governing organization for such horse under section 3054(l), during the period: (A) beginning on the date of the horse's first Timed and Reported Workout at a Racetrack that participates in Covered Horseraces or at a training facility; and (B) ending on the date on which the horse is deemed retired.”

Dr. Shell's three-person practice, for which Dr. Hippie works, covers a HISA-covered area in Ohio—Thistledown–as well as West Virginia, where HISA is not in effect.

Drs. Shell and Hippie are charged with violating Rule 3214 (a), which reads:

Rule 3214. Other Anti-Doping Rule Violations Involving Banned Substances or Banned Methods

The following acts and omissions constitute Anti-Doping Rule Violations by the Covered Person(s) in question:

(a) Possession of a Banned Substance or a Banned Method, unless there is compelling justification for such Possession.

Mollica said that there is no violation of the rules for veterinarians possessing the substances to treat non-covered horses on farms or in other situations. “Both Dr. Shell and Hippie will show unequivocally that they were using the medication for the health and safety of non-covered horses. There's not one allegation of any banned substance being used on a covered horse.”

Earlier in September, Shell testified in person before a HIWU-related arbitration panel on behalf of trainer Dennis VanMeter, whose horse, Templement, had tested positive for isoxsuprine and phenylbutazone. VanMeter was facing a possible two-year ban as a result of the isoxsuprine positive alone.

At the hearing, it was established that Templement had been placed into one of trainer John Brown's stalls at Thistledown previously occupied by a pony routinely administered Isoxsuprine.

In the ruling, it notes that Shell “credibly testified that he and veterinarians in his practice had prescribed isoxsuprine to Mr. John Brown's pony Bucky for the last five years for a condition with its feet that would make it lame without medication.”

The arbitrator found the positive a likely instance of environmental contamination, and that VanMeter bore “no fault or negligence” for the isoxsuprine positive.

That hearing was on Sept. 12, a little over two weeks before Shell and his associate, Hippie, were allegedly found in possession of isoxsuprine and other banned substances, including bisphosphonates.

Additional reporting by Dan Ross.

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HIWU Issues Suspensions For Bisphosphonates Possession

Two veterinarians have been provisionally suspended by the Horseracing Integrity and Welfare Unit (HIWU) for possession of bisphosphonates, the controversial drug for treatment of bone degeneration issues that has long bedeviled horse racing regulators due to its ability to stay in the system for years, and it's propensity to potentially weaken bones if misused.

It is understood these are the first such actions HIWU has taken for possession of bisphosphonates. No post-race or out-of-competition samples have as yet returned positive for bisphosphonates, according to the HIWU rulings web-page.

HIWU is the drug enforcement arm of the Horseracing Integrity and Safety Act (HISA).

In an action dated Sept. 28, the two veterinarians, Scott Shell and Barbara Hippie, have been accused of violating HISA Rule 3214(a), possession of banned substances. Formal hearings on the accusations are pending.

Aside from bisphosphonates, Shell is accused of possessing two other banned substances. One is Gamma Aminobutyric Acid (GABA), an amino acid that can be used as a calming agent. The other is the vasodilator Isoxsuprine, which can be used to treat laminitis and navicular disease.

Hippie is also accused of possessing Sarapin, a pitcher plant extract that can be used in pain relief, Isoxsuprine, and Levothyroxine, a thyroid treatment. All three are banned at all times under HISA.

The TDN emailed both Shell and Hippie Friday afternoon for comment. The story will be updated as necessary. An online search suggests the veterinarians are Ohio-based.

The TDN also contacted HIWU for further details of the complaint. Spokesperson Alexa Ravit wrote in response that the organization is unable to provide any further information regarding the alleged violations beyond what is listed on the website.

Ravit confirmed, however, that the violations were the result of each individual being in possession of the listed banned substances on Sept. 28. “Possession charges may result from searches of locations such as barns, offices, and veterinary trucks,” she wrote.

With brand names like Tildren and Osphos, bisphosphonates are used in older horses to tackle issues like navicular disease. They have also historically been used off-label to treat issues like sore shins in younger horses.

A problematic feature of bisphosphonates is that they can remain in a horse's system for many years after administration, making this a potentially tricky drug to track as horses pass through multiple hands.

Further complicating matters is how a horse administered a bisphosphonate won't necessarily test positive for the drug consistently over time.

Considering the severity of the sanctions for a banned substance positive finding, the slippery issue of bisphosphonates has made many industry stakeholders jittery.

Under HISA's rules, any “Covered Horse” proven to have been administered bisphosphonates will be subject to lifetime ineligibility, and the responsible individual could incur an anti-doping violation sanction.

Prior to HISA's anti-doping and medication control program (ADMC) going into effect earlier this year, HIWU chief of science, Mary Scollay, warned stakeholders to be vigilant about purchasing horses from aboard especially.

“As a condition of sale, I would have the seller attest that the horse has never been treated [with a bisphosphonate] so you have got the ability to turn that horse back and get your money back,” Scollay told an assembled crowd of stakeholders at Santa Anita in March. “It's a civil legal situation, but I think there are ways to protect yourself if needs be.”

Horses already in the racing pipeline may have been administered bisphosphonates in the past without their current connections' knowledge. With that in mind, one stakeholder asked Scollay if HISA's investigative body has the authority to go back over the horse's full medical history, in the event of a positive bisphosphonate test.

Though a young racehorse remains beyond HISA's legal purview until the time of its first official workout, HISA does have subpoena authority, explained Scollay. Ultimately though, as the HISA law is written, the burden of responsibility, she stressed, is placed on the trainer and owners' shoulders.

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Foreman to Donate Ombudsman Salary to TAA

Alan Foreman, the recently appointed ombudsman on behalf of HISA's rules with a primary focus on the Anti-Doping and Medication Control (ADMC) Program, will donate all compensation paid to him by both groups in connection with his duties as ombudsman to the Thoroughbred Aftercare Alliance (TAA), according to a press release from the Horse Racing Integrity and Safety Authority.

Foreman is a leading racing law and equine attorney in the U.S. with expertise in medication, drug testing, equine safety and welfare. He is counsel to many horsemen's and racing industry organizations and was recently named by Maryland Governor Wes Moore to the newly created Maryland Thoroughbred Racetrack Operating Authority.

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Weekly Stewards And Commissions Rulings, Sept. 5-11

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.

The TDN also posts a roundup of the relevant Horseracing Integrity and Safety Act (HISA) related rulings from the same week. These include decisions from around the country.

California
Track: Del Mar
Date: 09/10/2023
Licensee: Antonio Fresu, jockey
Penalty: One-day suspension
Violation: Exceeding number of designated race rides
Explainer: Jockey Antonio Fresu is suspended for 1 additional suspension day (October 14, 2023) pursuant to California Horse Racing Board rule #1766 (Designated Races – participated in more than one designated race on September 9, 2023).

NEW HISA/HIWU STEWARDS RULINGS
The following rulings were reported on HISA's “rulings” portal and through the Horseracing Integrity & Welfare Unit's “pending” and “resolved” cases portals.

This does not include 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
Colonial Downs
Ismerio Villalobos – violation date Sept 8; $250 fine but no further records of the ruling

Horseshoe Indianapolis
Miguel Angel Perez – violation date Sept 6; $250 fine but no further records of the ruling
Richard Edgardo Eramia – violation date Sept 6; $250 fine but no further records of the ruling

Remington Park
Jane Pamela Elliott – violation date Sept 5; $250 fine but no further records of the ruling

Pending ADMC Violations
Date: 08/17/2023
Licensee: Norm Casse, trainer
Penalty: Pending
Alleged Violation: Intra-articular injection
Explainer: A possible violation of Rule 3314–Use or Attempted Use of a Controlled Medication Substance or a Controlled Medication Method–on the horse, Mo Flight. This is also a possible violation of Rule 4222–Intra-Articular Injections Within Seven (7) Days of Timed and Reported Workout.

Date: 08/13/2023
Licensee: Jennifer Nunnally, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Seraphimzale. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/12/2023
Licensee: Robert Klesaris, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Battalion, who won at Laurel Park on 8/12/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/10/2023
Licensee: Carlos Lopez, trainer
Penalty: Pending
Alleged Violation: Intra-articular injection
Explainer: A possible violation of Rule 3313–Use or Attempted Use of a ControlledMedication Method and/or Controlled Medication Substance during the Race Period–on the horse, I said Hey. This is also a possible violation of Rule 4221–Alkalinization or Use of an Alkalinizing Agent (TCO2)

Date: 08/10/2023
Licensee: Carlos Lopez, trainer
Penalty: Pending
Alleged Violation: Intra-articular injection
Explainer: A possible violation of Rule 3313–Use or Attempted Use of a ControlledMedication Method and/or Controlled Medication Substance during the Race Period–on the horse, Brodytheoxman. This is also a possible violation of Rule 4221–Alkalinization or Use of an Alkalinizing Agent (TCO2)

Date: 08/08/2023
Licensee: Michael Pappada, trainer
Penalty: Provisionally suspended
Alleged Violation: Medication violation
Explainer: For the presence of Tapentadol–a banned substance–in a sample taken from Truckin Tommy, who finished third at Presque Isle Downs on 8/8/23. This is a possible violation of Rule 3212–Presence of a Banned Substance and/or its Metabolites or Markers.

Date: 08/06/2023
Licensee: Cesar De Alba, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Dexamethasone–Controlled Medication (Class C)–in a sample taken from Scary Fast Smile, who finished seventh at Del Mar on 8/6/23. This is a possible violation of Rule 3312–Presence of a Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List Workout).

Date: 08/04/2023
Licensee: Devarus Douglass, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Pickle Feet. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/04/2023
Licensee: Jaime Cruz, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Detomidine–Controlled Medications (Class B)–in a sample taken from Animal Princess, who finished third at Delaware Park on 8/4/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 08/03/2023
Licensee: James Toner, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Commandeer, who won at Colonial Downs on 8/3/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/18/2023
Licensee: Jeffrey Englehart, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Acepromazine–Controlled Medications (Class B)–in a sample taken from Wait A Minute. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/14/2023
Licensee: Carla Gaines, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Acepromazine–Controlled Medications (Class B)–in a sample taken from Summer Lake. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/01/2023
Licensee: Domenick Schettino, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Levamisole–Controlled Medication (Class B)–in a sample taken from Fast Study, who finished second at Belmont Park on 7/1/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 06/18/2023
Licensee: Chris Allen Hartman, trainer
Penalty: Pending
Alleged Violation: Medication violation
Explainer: For the presence of Acepromazine–Controlled Medications (Class B)–in a sample taken from Necker Island, who won at Ellis Park on 6/18/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Resolved ADMC Violations
Date: 08/04/2023
Licensee: Jorge Maravilla, trainer
Penalty: 7-day period of Ineligibility, beginning on September 12, 2023; 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.
Explainer: For the presence of Gabapentin–Controlled Medications (Class B)–in a sample taken from Stretch Run, who finished seventh at Santa Rosa on 8/4/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers (Post-Race/Vets' List).

Date: 07/29/2023
Licensee: Andy Mathis, trainer
Penalty: Disqualification of the 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 $500 fine; imposition of 1.5 Penalty Points.
Explainer: For the presence of Phenylbutazone–Controlled Medications (Class C)–in a sample taken from Like No Other, who finished eighth at Del Mar on 7/29/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/13/2023
Licensee: Christophe Clement, trainer
Penalty: A fine of $500; imposition of 1.5 Penalty Points.
Explainer: For the presence of Dantrolene–Controlled Medications (Class C)–in a sample taken from My Royal Vow. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers.

Date: 07/09/2023
Licensee: Jackie Riddle, trainer
Penalty: Disqualification of the 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 $500 fine; imposition of 1.5 Penalty Points.
Explainer: For the presence of Methocarbamol–Controlled Medication (Class C)–in a sample taken from Drinkroundthetruth, who finished second at Ruidoso Downs on 7/9/23. This is a possible violation of Rule 3312–Presence of Controlled Medication Substance and/or its Metabolites or Markers.

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