HIWU Set to Administer HISA Anti-Doping and Medication Control Program

Edited Press Release

The Horseracing Integrity & Welfare Unit (HIWU), the independent enforcement agency of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program, has reached arrangements with all state racing commissions and/or racetracks that will be conducting live racing on or soon after the implementation of the ADMC Program, which is anticipated to be Monday, Mar. 27, 2023. The laboratories that will be conducting testing under the Program have also been confirmed.

“HIWU appreciates the opportunity to engage with state racing commissions, racetracks, and laboratories in the implementation of a national, uniform ADMC program,” said Ben Mosier, executive director of HIWU. “We are confident that all our arrangements will facilitate uniform compliance with the ADMC Program to ensure its consistency and effectiveness.”

Once the ADMC Program takes effect, the following states and/or racetracks will continue to provide sample collection personnel services by utilizing their current staff, who will have been trained and certified by HIWU. Voluntary agreements have either been signed or will be signed before the first day of racing under the new ADMC Rules with the following entities:

Arkansas Racing Commission
California Horse Racing Board
Florida Gaming Control Commission, in cooperation with Gulfstream Park and Tampa Bay Downs
Kentucky Horse Racing Commission
Maryland Racing Commission
New York Racing Association (except Post-Race testing)
Pennsylvania Horse Racing Commission
Will Rogers Downs

For the following states and/or racetracks, HIWU has either contracted directly with existing personnel or has hired its own sample collection personnel to implement the ADMC Program. There is therefore no signed voluntary agreement with the following entities:

Arizona Department of Gaming (Division of Racing)
Finger Lakes
Illinois Racing Board
New York Gaming Commission (Post-Race testing only)
Ohio State Racing Commission

HIWU is also engaging with state racing commissions and racetracks that are racing after mid-April and will announce those relationships prior to such time.

Laboratories must be accredited by the Racing Medication & Testing Consortium to be eligible to conduct testing as part of HISA's ADMC Program, and must meet additional criteria determined by HIWU. HIWU has entered into contracts with the following laboratories to analyze samples collected under the ADMC Program:

Analytical Toxicology Laboratory (Ohio Department of Agriculture)
Animal Forensic Toxicology Laboratory (University of Illinois-Chicago)
Industrial Laboratories
Kenneth L. Maddy Equine Analytical Chemistry Laboratory (University of California, Davis)
Pennsylvania Equine Toxicology and Research Laboratory
University of Kentucky Equine Analytical Chemistry Laboratory

“For the first time, racing's labs will be harmonized and held to the same performance standards nationwide,” said Mosier. “Thoroughbred racehorses will be tested for the same substances at the same levels, regardless of where they are located or compete.”

Lab accreditation will eventually transition to the HISA Equine Analytical Laboratory standards, which will not take effect before 2024.

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HISA’s Anti-Doping And Medication Control Panel Members Revealed

Edited Press Release

The individuals who will comprise the Internal Adjudication Panel (IAP), which will hear Controlled Medication Rule Violation Cases under HISA's Anti-Doping and Medication Control (ADMC) Program, were announced Friday by HISA and HIWU.

IAP members, who will serve for 4-year terms as independent contractors to both HISA and HIWU, were selected for their deep equine regulatory experience. State stewards will be prohibited from participating in cases originating in their state of employment. All members of the panel will receive training on HISA's adjudication processes under the ADMC Program before they can hear cases and must complete continuing education on an annual basis to maintain their eligibility to serve.

“We are excited by the group we have assembled to hear Controlled Medication Rule Violation cases, which we expect to be the most common types of cases under the ADMC Program,” said Ben Mosier, HIWU's executive director. “With their extensive and diverse experiences in equine regulation, we are confident that they will act fairly and consistently during the adjudication process.”

“The Internal Adjudication Panel will play a significant role in the enforcement of the ADMC Program given HISA's distinction between medication overages and doping violations for the first time in our sport,” said HISA CEO Lisa Lazarus. “As such, I'm thrilled by the depth of knowledge and expertise each individual who has agreed to serve on the panel will bring to our adjudication processes, benefitting the entire racing community.”

The members of the IAP are as follows, with their “prohibited states” in relation to hearing cases included in parentheses where applicable:

Rick Abbott (PA)–chairs the Appeal and Review Committee of the National Steeplechase Association and was a member of the Pennsylvania State Horse Racing Commission from 1996 to 2009.

Eddie Arroyo (IL)–served as the senior state steward representing the Illinois Racing Board for 32 years.

Lisa Blackstone-current vice president of the Arabian Horse Association, chair of the United States Equestrian Federation's (USEF) Ethics Committee, and co-chair of USEF's Hearing Committee.

Barbara Borden (KY)–appointed chief steward for the Kentucky Horse Racing Commission in April 2012.

Patricia Bowman (IN)–currently a state steward with the Indiana Horse Racing Commission.

Lori Dinoto (OH)–works as a steward at both Mahoning Valley Race Course and Thistledown.

Connie Estes (NM)–deputy director of operations at the Texas Racing Commission and worked for the New Mexico Racing Commission as a state steward and for the Breeders' Cup as a safety steward.

Hilary Forde–director of HF Consult Sports Law and currently serves as a tribunal clerk for the International Federation for Equestrian Sports (FEI).

John Herbuveaux (CA)–steward for the California Horse Racing Board since 1983.

Duncan Patterson (DE)–currently chairman of the Delaware Thoroughbred Racing Commission, chairman of the Drug Testing Standards and Practices Committee for the Association of Racing Commissioners International (ARCI), and a member of the Stewards Advisory Committee for the NSA.

Diane Pitts–currently on the board of directors for the USEF and was reelected to a second term as a member of the Tribunal of the FEI.

Erika Riedl–was a clerk for the Tribunal of the FEI and is a Centre for Effective Dispute Resolution-accredited mediator.

Kim Sawyer (CA)–accredited as a steward since 1999 and employed by the California Horse Racing Board since 2005.

Eric Smith (IN–a ROAP Level I-accredited flat racing steward and currently the senior state steward for the Indiana Horse Racing Commission.

Edward Weiss (CA)–has been a litigator in private practice, an assistant U.S. attorney, and general counsel of Ticketmaster.

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Federal Bill To Replace HISA Reportedly In Pipeline

A federal bill aimed at replacing the Horseracing Integrity and Safety Act (HISA) with a regulatory system modeled around an interstate compact is reportedly in the pipeline.

The president of the United States Trotting Association (USTA), Russell Williams, disclosed the news about the pending legislation Mar. 21 during a special meeting of the Pennsylvania Horse Racing Commission (PHRC).

Williams addressed the PHRC Tuesday just prior to the board voting in favor of entering into three nine-month agreements with the HISA Authority that pertain to the Racetrack Safety Program, the Horseracing Integrity and Welfare Unit (HIWU), and the Laboratory Services Agreement.

Williams was urging the board to consider future implications prior to taking its vote, and one of the issues he brought up was the looming potential for a replacement regulatory structure.

“It's not just a possibility out there. It should be happening in the near future,” Williams said.

“There is legislation about to be introduced in Congress [and] the primary sponsor of this legislation has been talking with us,” Williams said. He did not disclose who that senator or congressman is.

“We provided him with a draft,” Williams continued. “The draft came from the [North American Association of] Racetrack Veterinarians, the HBPA, and the USTA. And it's already been through legislative services, [which has] put it in Congressional format, and as soon as the primary sponsor has his team put together, the bill will be introduced.

“This bill is a state-administered program,” Williams said. “So states would form an interstate compact. They would use state authorities, state experience and state funding, and save millions of dollars over the HISA structure.

“The legislation is health- and safety-focused,” Williams said. “It provides all of the same benefits to the racing industry that HISA does. It is science-based, and this is one of the problems we've had historically with the approach of HISA; it's in the HISA statute, the arbitrary nature of the regulatory approaches in words and statute, the Lasix ban.”

Williams said that the new legislation would be underpinned by “state administration, a science basis for making policy decisions, and a funding model that can be afforded by the racing industry.”

TDN could not independently confirm the involvement of the National Horsemen's Benevolent and Protective Association (NHBPA) with the pending legislation. A phone message left for the NHBPA's chief executive officer, Eric Hamelback, did not yield a return call prior to deadline for this story.

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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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