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HISA Issues Notice On Use Of Bisphosphonates

Edited Press Release

In advance of the anticipated effective date of HISA's Anti-Doping and Medication Control (ADMC) Program March 27, the Horseracing Integrity & Welfare Unit (HIWU) calls the Thoroughbred industry's attention to regulations regarding the presence and use of bisphosphonates in covered horses.

Bisphosphonates are a class of medication prescribed for managing clinical signs associated with navicular syndrome in horses 4-years-old or above. They also have a history of extra-label use in younger horses. Bisphosphonates may be detected in samples from treated horses for months to years after administration.

The ADMC Program regulations categorize bisphosphonates as a Banned Substance, meaning that they are prohibited from being administered to, or present in, covered horses at any time. Covered horses that test positive for bisphosphonates under the ADMC Program are subject to lifetime ineligibility, and associated covered persons may incur an Anti-Doping Rule Violation.

Given the prolonged detection period for bisphosphonates and the fact that their use is permitted in other racing jurisdictions internationally:

HIWU will not pursue disciplinary action against covered horses or their associated covered person(s) for the presence of bisphosphonates if the covered person(s) can provide documentation (e.g., medical records or a positive test result) to HIWU of the administration or presence of bisphosphonates prior to the implementation date of the ADMC Program. In accordance with HISA's requirements for covered horses, all medical records, including any relevant test results, must be uploaded to the HISA portal. Additionally, due to the variability of bisphosphonate detection through laboratory analysis, all bisphosphonate findings detected under the ADMC Program will undergo thorough review regardless of the alleged timing of administration.

If owners or horsemen have concerns that their horses may have been administered bisphosphonates prior to March 27, including prior to a sale at public auction domestically or internationally, HISA and HIWU advise them to consider bisphosphonate screenings for these horses before the ADMC Program takes effect.

The Horseracing Integrity and Safety Act does not enable HISA's ADMC Program to be enforced retroactively for actions occurring prior to its implementation. The detection of administrations from prior to March 27 that violate respective state rules in effect during that time period will be referred to the relevant state regulatory authorities.

While bisphosphonates continue to be permitted in Thoroughbred racehorses in international jurisdictions, any covered horse proven to have been administered bisphosphonates after the March 27 implementation date will be subject to lifetime ineligibility, and associated covered persons may incur an Anti-Doping Rule Violation.

For questions about the use of bisphosphonates and other substances on the ADMC Prohibited List, stakeholders are encouraged to visit here and reach out to HIWU Chief of Science Dr. Mary Scollay at mscollay@hiwu.org.

The post HISA Issues Notice On Use Of Bisphosphonates appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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HISA Q&A: The ADMC Program

Edited Press Release

With the anticipated March 27 implementation of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program approaching, it's increasingly important for all racing participants to understand how the Program will work. The following are HISA's answers to five frequently asked questions about the ADMC Program.

How will the new HISA ADMC Program impact the lives and workflow of horsemen?

The ADMC Program is designed to create centralized testing and results management processes and apply uniform penalties for violations efficiently and consistently across the country. Its rules will institute uniformity across jurisdictions, consistency in how laboratories test for substances, and swift and efficient adjudication practices.

Under the Horseracing Integrity and Welfare Unit (HIWU), all sample collection personnel will receive in-person training on HIWU's uniform chain of custody process and digital data collection technology. The HIWU app that sample collectors will use will significantly reduce the previously required paperwork involved in the testing process and enable horsemen to receive electronic receipts of their horses' sample collection.

For the first time, labs across the country will be testing for the same substances at the same levels. The ADMC rules establish separate categories for Prohibited Substances that are allowed outside of race day and other specific periods (i.e., Controlled Medications) and substances that are never allowed to be in a horse (i.e., Banned Substances). This system is meant to appropriately penalize those who use Banned Substances, while being sensible and proportionate when it comes to Controlled Medication violations.

In addition to in-competition testing at racetracks, HIWU will introduce a strategic Out-of-Competition testing program that will incorporate intelligence and data analysis in the selection of Covered Horses. Responsible Persons (i.e., trainers) of Covered Horses selected for Out-of-Competition testing will have the option of either having their horse tested wherever it is currently located, or at another mutually agreed upon site as long as the Covered Horse is made available for testing within six (6) hours of notification.

To support its Investigations Unit, which will work to identify bad actors through intelligence gathering from industry participants and data analysis, HIWU will launch anonymous whistleblower platforms to enable individuals to anonymously submit concerns regarding suspected violations of the ADMC Program.

Who is in charge of HIWU, the organization tasked with implementing the ADMC Program?

HIWU was established by Drug Free Sport International (DFSI) to be the independent enforcement agency of HISA's ADMC Program. HIWU is independent from, but in frequent communication with, HISA on the implementation of the ADMC Program. HISA's ADMC rules are ultimately vetted and approved by the Federal Trade Commission (FTC).

HIWU is led by Executive Director Ben Mosier, who has overseen anti-doping programs for the NBA, the PGA Tour, MLB's Minor League Program, and NASCAR.

HIWU's chief of operations, Kate Mittelstadt, previously served as director of the Anti-Doping Program for IRONMAN and has held multiple roles with the World Anti-Doping Agency and Association of National Anti-Doping Organizations. Mittelstadt was also one of the first employees hired by the U.S. Anti-Doping Agency.

HIWU's general counsel, Michelle Pujals, was a member of the NBA's legal department for more than 20 years, where her duties included results management for, and investigations related to, the NBA's various drug programs and allegations of player and staff misconduct. Before joining HIWU, she was the owner and principal of Tautemo Consulting, LLC, a legal and sports consulting firm.

HIWU Chief of Science Dr. Mary Scollay was most recently the executive director and chief operating officer of the Racing Medication & Testing Consortium, prior to which she worked for more than 30 years as a racing regulatory veterinarian, including 11 years as the Kentucky Horse Racing Commission's equine medical director.

How does the ADMC adjudication process work and what happens if someone is charged with a violation?

Violations under the ADMC Program are categorized as Anti-Doping Rule Violations (ADRV), which involve Banned Substances and Methods, or Controlled Medication Rule Violations (CMRV), which involve Controlled Medications and Methods. There will be harsher penalties associated with ADRVs.

ADRV cases will be heard by an Arbitral Body chosen and appointed to cases by JAMS, a world-renowned arbitration and mediation provider with a panel of retired lawyers and judges who are experienced in anti-doping and sports adjudication. Before selecting individuals to hear cases, JAMS will ensure that there are no conflicts of interest between potential adjudicators and the Covered Person(s) involved.

CMRV cases will be heard by appointees to the Internal Adjudication Panel (IAP), a group of 15-20 members selected by HISA and HIWU based on their previous equine regulatory experience. The IAP pool includes state stewards, who are only permitted to hear cases that do not originate in the state in which they are employed, and others with equine regulatory experience. IAP members will be appointed to hear specific CMRV cases on a rotating basis following conflicts-of-interest checks.

All members of both the Arbitral Body and IAP must undergo initial training and continuing education on the ADMC regulations to be eligible to hear and decide cases.

When charged with an ADRV, Covered Persons and Horses will usually be issued Provisional Suspensions, during which time they will be ineligible to train or race until the matter has been resolved and associated penalties have been served. Covered Persons subject to Provisional Suspension are not permitted to be involved in any activity involving a Covered Horse at a racetrack or public training facility. They can, however, request a timely Provisional Hearing to advocate for lifting the Provisional Suspension.

For most alleged CMRVs, Provisional Suspensions will not be issued unless the Controlled Medication was used within a period of Ineligibility defined in the Prohibited List.

For both ADRV and CMRV cases, Covered Persons are entitled to the opportunity to provide written submissions and present evidence on their behalf to the assigned adjudicator(s).

HIWU is required to publicly disclose the resolution of an ADMC Program case within 20 days of (1) a final decision, (2) a resolution between HIWU and the Covered Person, or (3) the withdrawal of a charge by HIWU. Final decisions of the Arbitral Body and IAP can be appealed to a federal Administrative Law Judge.

ADMC violations that arise from a Post-Race Sample or that occur during the Race Period automatically lead to the disqualification of race-day results. For ADRVs, any other results that the Covered Horse obtained from the date the ADRV first occurred will also be disqualified.

If a horse is disqualified due to an ADRV or CMRV, all purses and other prizes will be forfeited and redistributed accordingly. When possible, the purse for the Covered Horse involved in the alleged violation will be withheld until a resolution has been reached.

While the purse will be affected by ADMC violations and disqualifications, the wagering payouts that are published after a race is declared official on race day are the final payouts, regardless of any disqualifications subsequently issued.

How are HISA and HIWU preparing the sport for implementation of the rules?

HIWU staff have so far visited all racetracks that will be racing on March 27 and met with local test barn staff, veterinarians, stewards, and other personnel to observe current practices, evaluate test barn facilities, and help prepare personnel on the ground for the implementation of the ADMC Program. HIWU will visit each racetrack prior to their next meet start date after March 27 and hold in-person training events for test barn personnel prior to collections being conducted at each location. Over the last several months, the HIWU team has also met with industry stakeholder groups in-person and virtually to discuss the ADMC Program and answer questions.

HIWU plans to visit numerous tracks ahead of the expected March 27 implementation date to talk to stakeholders and encourages industry organizations interested in hosting informational sessions where members can speak with the HIWU team to email info@hiwu.org to request to schedule a virtual or in-person meeting. Visits and outreach will continue after implementation, as well.

The HIWU website is also home to educational material on the Prohibited List, Detection Times and Screening Limits, test types, results management, and more. Additional educational materials will continue to be published and shared broadly with the industry.

How will the ADMC rules improve racing and help the sport grow?

The ADMC Program is central to HISA's mission to ensure the integrity of racing to the benefit of participants, fans, and bettors. HISA's rules are designed to improve the safety and welfare of horses and restore public trust in the sport.

Bettors will be able to trust that the product on the track is fair and that cheaters are not welcome in Thoroughbred racing. All signs indicate that the enforcement of consistent, national ADMC rules will ultimately lead to broader public interest, including from younger audiences, and increased wagering.

Importantly, besides making the sport safer and fairer, the ADMC Program will also make the jobs of many horsemen easier as the patchwork of state-by-state rules are replaced with a unified, streamlined anti-doping regulatory system.

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California First to Sign Voluntary Agreement, Pay HISA 2023 Fees

The Golden State is the first jurisdiction in the country to sign a voluntary agreement with the Horseracing Integrity & Welfare Unit (HIWU) to continue performing a host of vital roles when the Horseracing Integrity and Safety Act's (HISA) drug control program goes into effect Mar. 27, according to a statement Friday by the California Horse Racing Board (CHRB).

In another first among the nation's racing jurisdictions, the CHRB also agrees to pay HISA's 2023 fee assessment. The total figure for the state is more than $6.7 million. However, after HISA's credits have been applied, the final amount that California owes HISA comes out to roughly $1.5 million, according to the voluntary agreement.

“The CHRB has been enforcing and complying with safety regulations that HISA introduced July 1, 2022. Under the new agreement, the CHRB will implement rules under the Anti-Doping and Medication Control (ADMC) Program, which are scheduled to go into effect March 27, 2023,” the CHRB's Friday statement read.

Under the voluntary agreement–shared by CHRB executive director Scott Chaney with TDN–the CHRB agrees to continue performing certain tasks for the HISA Authority and for HIWU, including the collection of equine samples, and the testing of these samples at the University of California, Davis's Kenneth L. Maddy Equine Analytical Laboratory.

In turn, U.C. Davis's “Maddy Lab” also becomes the first laboratory to officially sign onto HIWU's drug testing program.

Because state racing commissions and their respective industries already pay for many of HIWU's anti-doping and medication control program components, HISA is offering credits as subsidies to its annual fees.

According to California's voluntary agreement, the commission's total “state testing credit” will be $4.7 million. This includes some $1.2 million for sample collection and $3.5 million for laboratory costs such as race-day testing, research, and the analysis of samples from other states.

California also receives an additional out-of-competition testing credit estimated to be around $450,000 annually.

“If the costs for out-of-competition testing outside of Race Day pursuant to this Paragraph exceed $450,000 at the end of 2023, the Commission will receive an additional credit for 2024 in the amount of the excess costs,” the voluntary agreement reads.

“The CHRB is proud of our work and record in safety and animal welfare, and therefore we want to have a role in shaping policy going forward,” said Chaney in the statement issued Friday. “We have partnered and supported the national effort from the beginning and appreciate the dedication of the Authority and HIWU.”

The CHRB's statement adds: “The CHRB and representatives of the Del Mar Thoroughbred Club, 1st Racing, the Thoroughbred Owners of California, and UC Davis have been advising HISA all along, promoting California's strict regulatory program, and partly for that reason the federal rules are similar to those in California, meaning participants in California horse racing will need to make fewer adjustments than some of their counterparts in other racing jurisdictions.”

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Networking Investigators School At Rillito

Rillito Park, the famed Quarter Horse track loaded with history and lore in Tucson, Arizona became a classroom Monday afternoon, as investigators from around the United States and five foreign countries ran through a series of 'stations' meant to test their detective acumen.

With record attendance at 100, the Organization of Racing Investigators (ORI) annual three-day event brings together security personnel who protect horses and the people associated with them.

Equine investigators, like other branches of law enforcement, have an evolving set of best practices. That is where the Rillito training can help advance their own tradecraft. As founding member Don Ahrens of Sam Houston Race Park put it, “It's simple, we are here to catch the bad guys because you never know when they'll show.”

ORI began as a fellowship in the early 1990s where members could share ideas and call upon one another for help when they needed assistance. Developing into a full-blown organization, its 27th training conference continues to be about networking, but attendees also have the opportunity to hear presentations from specialists across the industry. Monday morning, a wide variety of topics were offered that ranged from how cartel money is building bush tracks in places where you would least expect it to how to efficiently identify medications dispersed by veterinarians who are attending to horses along shedrows.

In the afternoon, Ahrens and his fellow board members led the teaching exercises at Rillito by planting fake evidence, like syringes, electronic shockers and other related illegal paraphernalia in the Jockey's room, around a trailer in the barn area and inside a pair of vehicles in the Rillito parking lot. A fourth location involved a practicum covering how to shakedown a rider just before they enter the gate in order to look for devices, like those electric buzzers, that could be used to hurt horses and give the jockey an advantage in the race.

In what was her first ORI Meeting, Kassie Creed, a Safety and Compliance Associate who works under Dr. Stuart Brown in Equine Safety at Keeneland said, “I am an extra set of eyes as we continually bridge security and safety every day at Keeneland, so knowing what to look for, especially in the unlikely places is great training for me.” Members of her group were given an SUV to search by seasoned investigators and ORI board members Jason Klouser of the Pennsylvania State Horse Racing Commission and Mike Kilpack with Breeders' Cup. Creed discovered a syringe that was made to look like an air freshener in one of the vents.

“What we are trying to illustrate are real-world situations that many of us have experienced time and time again,” said Klouser. “Best practices are only cutting edge if they work under extreme duress and that is why these searches help investigators develop their senses.”

Those 'senses' must be honed, especially when it comes to the backside of a racetrack, which as a world unto itself is a place seldom seen or understood by the public. There is a constant shifting of personnel during a meet, so investigators must know their territory. Tracking and tracing bad behavior comes with the job, and sometimes even the most minute tips can help.

Since COVID, ORI has expanded its membership, especially when it comes to international participation. Investigators stateside are realizing that if a problem exists somewhere else, chances are that it might not be far off.

John Burgess, the Head of Integrity for the British Horseracing Authority (BHA) is in Tucson for that exact reason. “We have challenges that are very similar and when we impart what we know to the Americans and then it is reciprocated, we are getting out in front. In other words, threats here are going to become threats there-it's inevitable.” In Europe, there is not an organization like ORI that ties all horse racing investigative units together. “I am thinking that we need to start one because ORI has such an incredible network,” said Burgess.

Working as the Head of Security and Investigations at the Irish Horseracing Regulatory Board, Chris Gordon, who also serves as the international representative for ORI said, “We are seeing today how practical applications directly relate to issues of integrity, and that is what this organization is all about. People are always excited to come because the energy, like it is today, is something we will be directly using in our own stable yards and horse boxes.”

Back at the Rillito mock vehicle search station, Kassie Creed discovered two more planted pieces of evidence in the SUV. “I'm on a roll,” she said with a big smile. Afterwards, Klouser took the group through a debriefing session by explaining techniques and showing the group other hidden compartments.

With attendance climbing, the future looks bright for the Organization of Racing Investigators, who plan to meet next year at Parx Racing in Bensalem, PA. They are expecting an even larger contingent in the coming years, which could include Asian and South American participation.

In the meantime, once the conference wraps up its sessions on Tuesday afternoon, it will be time to pack up those heightened senses from the experience in Tucson and head home. These investigators know that if they need help there is a network behind them, which is probably the best practice of all.

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