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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HISA Authority Challenges ‘Piggyback’ Strategy in Amended Louisiana Lawsuit

The recently amended federal lawsuit spearheaded by the state of Louisiana against the Horseracing Integrity and Safety Act (HISA) Authority and the Federal Trade Commission (FTC) is facing a new challenge from the HISA Authority defendants, who filed a Mar. 6 motion to strike the latest version of the complaint based on allegations that the plaintiffs are “improperly” attempting to use federal rules of civil procedure to turn the case to their advantage.

The chief beef in the HISA Authority's Mar. 6 “motion to strike” filed in U.S. District Court (Western District of Louisiana) centers on the addition of an expanded slate of new plaintiffs to the lawsuit initially filed on June 29, 2022.

The plaintiffs had amended that complaint on Feb. 6, 2023, and changes to the lawsuit included the addition of 14 new individual Horsemen's Benevolent and Protective Association (HBPA) affiliates, plus a wide swath of states, racing commissions, and individual racetracks.

“Plaintiffs, having obtained a preliminary injunction from this Court that redresses their alleged harms, now seek to add a 'vast number of organizations' and States as new plaintiffs in a blatant attempt to 'extend the injunction nationwide,'” the HISA Authority's Monday filing stated.

These new plaintiffs, the HISA Authority's motion stated, “have already been litigating challenges to HISA in other federal courts for almost two years. Plaintiffs' gamesmanship is transparent. Their tactic? To use [federal civil procedure rules] to dodge [the legal] standard that dooms the pending intervention motion these same would-be parties previously filed now that the Court has issued a preliminary injunction in Plaintiffs' favor.”

The HISA Authority's motion continued: “Their strategy? To use the geographic 'range, literally from coast-to-coast,' of the new parties as justification for a shotgun request that the Court 'extend the injunctive relief currently in effect to provide nationwide relief.' Their end goal? To dismantle nationwide regulatory reforms that Congress recently amended and reaffirmed after the Fifth Circuit's opinion reinstating the preliminary injunction.

“Allowing the would-be parties–representing thousands of industry members from across the country–to piggyback on the favorable relief Plaintiffs already secured would undermine principles of justice, encourage forum shopping, prejudice Defendants, and set a dangerous precedent for future litigants looking to parlay any single plaintiff's preliminary win into an expansive nationwide class action that topples congressionally mandated regulations before any briefing on dispositive motions.”

That outcome, the HISA Authority argued, “is particularly unwarranted given that a prior stay order entered by the Fifth Circuit and intervening administrative actions by the FTC (on top of Congress's recent amendment reinforcing its commitment to the HISA regime) cast substantial doubt on the continued viability of the claims underlying the preliminary injunction presently in effect.”

The HISA Authority summed up: “The Court should strike Plaintiffs' amended complaint-at least as to the addition of the 'vast number' of new parties seeking to expand the existing relief into a nationwide preliminary injunction.”

The plaintiffs, back on Feb. 6, articulated the revised version of the lawsuit this way:

“This First Amended Complaint seeks to prevent HISA from continuing to exercise 'unchecked government power' through its FTC-approved rules or any other rules that the FTC may approve now that the Fifth Circuit has issued its mandate [in a separate, but related, case headed by the National HBPA].

“The broad collection of plaintiffs from around the country further justifies Plaintiffs' request for nationwide injunctive relief herein,” the plaintiffs' amended complaint continued.

“And this Court has already recognized that the challenged HISA rules offend the Administrative Procedure Act and HISA's statutory authority,” the plaintiffs stated.

“The Fifth Circuit has further cemented the rightfulness of that decision by rejecting Defendants' appeal of the preliminary injunction order and denying Defendants' requests for additional appellate review in this case that came after Congress tweaked the HISA Act, just as the Fifth Circuit did in [the National HBPA appeal],” the plaintiffs' amended complaint stated.

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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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Weekly Stewards and Commissions Rulings, Jan. 31-Feb. 6

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: Santa Anita

Date: 02/03/2023

Licensee: Eoin Harty

Penalty: $3,000 fine

Violation: Out-of-competition joint injection violation

Explainer: Trainer Eoin Harty, who trains the horse El Joy, is fined $3,000.00 for violation of California Horse Racing Board rule #1866.3(c)(e) (Intra-articular Injections Restricted – treatment within 10 days of workout).

Harty told the TDN he will be appealing the ruling for various reasons, including for a career training record absent any prior medication violations (this is confirmed in the Thoroughbred Rulings website).

New York

Track: Aqueduct

Date: 02/02/2023

Licensee: Suzanne Zelman, racing official/official veterinarian

Penalty: $1,000 fine

Violation: Lasix administration violation

Explainer: You are hereby fined the sum of one thousand ($1,000) dollars for failing to tend to business in a proper manner necessitating the scratch of horse “Bustinupishardtodo” (# 8) from the eighth race at Aqueduct Racetrack on January 27th 2023.

According to New York Racing Association (NYRA) spokesperson Pat McKenna, the fine was for a failure to administer Lasix to the horse in question resulting in a mandatory scratch.

Kentucky

Track: Turfway Park

Date: 02/01/2023

Licensee: Eric Reed, trainer

Penalty: Five-day suspension, $1,000 fine

Violation: Medication violation

Explainer: Upon receipt of notification from The University of Kentucky Equine Analytical Chemistry Laboratory, the official testing laboratory for the Kentucky Horse Racing Commission, sample number R005087 taken from Golden Text, who finished first in the fourth race at Turfway Park on January 19, 2023 contained phenylbutazone at a level of 0.62 mcg/ml in blood (Class C) (2nd offense in 365 days). After waiving his right to a formal hearing before the Board of Stewards, Eric Reed is hereby suspended 5 days, February 10, 2023 through February 14, 2023 (inclusive) and fined $1,000.

Read more about the story here.

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

Aqueduct

∙              Gokhan Kocakaya – violation date January 29; $250 fine and one-day suspension, 8 strikes

Gulfstream Park

∙              Edgar Perez – violation date January 29; $250 fine and one-day suspension, 7 strikes

Mahoning Valley Racecourse

∙              Juan Gabriel Lagunes – violation date January 31; $250 fine and one-day suspension, 9 strikes

Oaklawn Park

  • Kelsi Harr – violation date January 29; $250 fine, striking mount on the flank during the fifth race on January 29, 2023.
  • Calvin Borel – violation date January 29; $250 fine and one-day suspension, 7 strikes
  • Ramsey Zimmerman – violation date January 29; $250 fine, three strikes in succession
  • Gabriel Saez – violation date February 3; $250 fine and one-day suspension, 7 strikes, on appeal and stay granted
  • Kelsi Harr – violation date February 4; $250 fine, striking mount on the flank during the second race on February 4, 2023.
  • Eduardo Gallardo – violation date February 4; $250 fine and one-day suspension, 9 strikes
  • Florent Geroux – violation date February 4; $250 fine, raising wrist above helmet when using crop

Penn National

  • Yomar Ortiz – violation date February 1; $500 fine and three-day suspension, misuse of the crop

Santa Anita

  • Mario Gutierrez – violation date January 28; $250 fine and one-day suspension, 7 strikes

Tampa Bay Downs

  • Jose Luis Alonso – violation date February 1; $250 fine and one-day suspension, 8 strikes
  • Carlos Eduardo Rojas – violation date February 3; $250 fine and one-day suspension, 7 strikes, on appeal and stay granted
  • Carlos Eduardo Rojas – violation date February 4; 15-day suspension, “Jockey Carlos E. Rojas (P 000-026-197) has accumulated a total of 26 points for violation of HISA Rule 2280 (bl, (1). Nine of the points are under appeal and a stay has been granted, so the total points are reduced to 17 points.”

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