Jockeys’ Guild Virtual Assembly Includes Presentations On Mental Health Awareness, Proposed HISA Regulations

The Jockeys' Guild held its Annual Meeting virtually again this year on Dec. 7, 2021. The virtual meeting was attended by active Thoroughbred and Quarter Horse jockeys from around the country.

The highlights included a synopsis of the short film THE FALL by Equine Productions' Visual Director Nathan Horrocks, who co-directed the feature with Cold Feet star Robert Bathurst. Horrocks has been in racing most of his life and has witnessed firsthand the mental health challenges that jockeys face on a daily basis. His hope is to raise awareness of the mental health struggles within the sport of racing and let jockeys know they do not have to suffer in silence.

Racing advocate and long-time supporter of the jockeys Sen. Damon Thayer (KY-R) addressed the members on the compromise he was instrumental in accomplishing in Kentucky regarding the use of the riding crop, as well as the increase in losing mount fees at select tracks. His involvement, as well as his continued support, is invaluable.

Dr. David Lambert B.V.Sc. (Hons.), M.R.C.V.S, President and Founder of Equine Analysis, in Midway, Kentucky, presented “21st Century Solutions: Stopping Horses From Breaking Down.” The system, known as Stride Safe, employs sensors, which are placed in saddle towels, to track the movements of the horse and gather data which can be used to protect horses, and in turn, jockeys from life-threatening injuries. The system is currently being utilized at NYRA.

Ann McGovern, director of Horseracing Integrity and Safety Authority's (“HISA”) Racetrack Safety standing committee, provided the jockeys with an update about the current status of the proposed racetrack safety rules, which have been formally submitted to the Federal Trade Commission. She also advised members about the intent of the Authority to provide regulations assuring for the safety of the horses, thereby, improving the safety of the jockeys. Jockeys voiced their concerns regarding changes that have occurred with racing, as well as their ongoing worry with regards to the safety issues created by the restrictive use of the riding crop and the penalties being proposed by HISA. The Jockeys' Guild will submit public comments to the FTC and encouraged others to do so as well.

Nancy LaSala, Permanently Disabled Jockeys Fund (“PDJF”) President, and PDJF Board Member and horse owner/breeder Paul Braverman gave an update on the PDJF. Mr. Braverman emphasized that the PDJF has made a commitment to the disabled jockeys for the rest of their lives, yet there is no committed source of funding from the industry. Like many other non-profit organizations, COVID-19 has had a negative impact on their customary fundraising efforts and was a stark reminder of the need for institutional funding. In response to horse owner's requests, the PDJF has created a new initiative called “Rider's Up” that has the full support of the PDJF Board and has been presented to many industry stakeholders. The PDJF is hopeful that contributions generated from the Rider's Up Initiative by horse owners will enable the PDJF to increase its monthly stipends to recipients who have suffered career-ending catastrophic injuries.

In support of this worthy cause, the Jockeys' Guild Senate members voted to adopt a new policy, whereby winning Jockeys' Guild members of races with purses over $70,000 will contribute 0.005 percent of their earnings, capped at $200. This would be a separate program from the “one dollar program” that is already in place and would continue to be offered at the tracks that do not offer purses of $70,000 or more. Like the horse owners program, the jockeys will have the ability to opt-out. The Guild Senate formally adopted this proposal to support the PDJF's Riders Up initiative with the intent of encouraging the horsemen organizations to follow suit, such that both the winning owner and winning jockey can help to make a critical impact on the welfare of these disabled riders. It should be noted that many active jockeys already contribute money and their time to the PDJF, as well as donations to other jockeys who are injured.

The riders in attendance re-elected John Velazquez and Mike Smith as Co-chairmen, Javier Castellano and Julien Leparoux, along with newly elected Quarter Horse jockey James Flores, as Vice-Chairs, Joel Campbell as Treasurer and Rodney Prescott as Secretary. In addition, Alex Birzer, Joe Bravo, and Drayden Van Dyke were re-elected to the Board of Directors.

In a closed session, the members reviewed 2021 financials and the 2022 budget.

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ARCI Urges On-Time Implementation Of Horseracing Integrity And Safety Authority

The Board of Directors of the Association of Racing Commissioners International (ARCI) has unanimously indicated that the delay in HISA implementation suggested last week by the Authority's Chair Charles Scheeler was “not necessary and legally problematic” as the US State racing commissions are all eager to negotiate and finalize agreements with both the Authority and it's Enforcement Agency (assumed to be the United States Anti-Doping Agency).

“The people and organizations that have worked hard to pass the federal legislation have been waiting for ten years for these reforms and we see no reason why HISA and the enforcement agency cannot assume control on July 1, 2022, as required by the law,” said RCI Chair Robert Lopez.

Since late August State racing commissions have participated in fifteen implementation work sessions with both HISA and USADA senior staff. Those meetings were coordinated by the ARCI and the last session occurred early November.

The only missing pieces are how the HISA Authority plans to pay for things and what the additional costs of the Authority and Enforcement Agency will be. Existing program costs are matters of public record in each state and have been provided by the state commissions months ago.

“This is not rocket science,” said RCI President Ed Martin. “The big cost of collecting and testing samples is known in each state. Investigator salaries are known. Prosecutor salaries are known as is the number of cases that come on appeal. What is not known are the HISA/USADA enhancements to the existing system and if nobody has their arms around what they will cost by now it makes one wonder if this entire thing is structured correctly.”

Lopez said the states are eager to work with both HISA and its Enforcement Agency, presumably USADA, to achieve a smooth transition.

“State specific agreements need to be negotiated now and the state racing commissions are ready to begin those talks with both HISA and the Enforcement Agency individually.”

“We have been told that the HISA goal is to preserve as much of the existing public investment as possible to mitigate new costs of expanded integrity on racetracks, owners, breeders, horsemen, veterinarians and fans,” Martin said. “Delaying full implementation agreements as has been suggested only gives external forces more time to shift state support for racing to other areas.”

The ARCI said it was “most likely” that it will avail itself of the opportunity to comment directly to the FTC during the public comment period.

Martin said the initial read of the proposed Racetrack Safety rules were positive compared to previous versions, but that a complete analysis is underway. He also said that the ARCI had a productive meeting in Tucson last week with Travis Tygart and senior leaders from the US Anti-Doping Agency as well as two HISA Board Members, D.G. Van Clief and Dr. Sue Stover the next day.

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Takeaways From Tucson: HISA Talk Dominates Global Symposium On Racing

With the Horseracing Integrity and Safety Authority (HISA) beginning to roll out proposed regulations to the Federal Trade Commission in advance of its scheduled start-up July 1, 2022, the agency created through federal legislation to regulate anti-doping and safety policies for Thoroughbred racing dominated discussions on the opening day of the 47th annual Global Symposium on Racing at Loews Ventana Canyon in Tucson, Ariz., on Tuesday. The Symposium is conducted by the University of Arizona's Race Track Industry Program under the leadership of its new chair, Robert Hartman, a graduate of the program and a former racing industry executive.

Here are some takeaways from the day's presentations and discussions, which included four segments focused on HISA, a keynote address from new National Thoroughbred Racing Associations president and CEO Tom Rooney, and a high-powered panel featuring the top executives of four major racetrack organizations: 1/ST Racing (The Stronach Group), Del Mar, Keeneland and the New York Racing Association.

HISA Drug Testing Will Be Phased In

Charles Scheeler, the chairman of HISA, outlined the progress the organization has made during a very compressed timeline from passage of the legislation in December 2020 until its mandated launch July 1. A board of directors and chairman was named in May 2021, interim staff including a CEO was hired in July, when meetings and collaboration with the presumed enforcement arm, the U.S. Anti-Doping Agency (USADA), began. In September, stakeholder talks started, along with meetings with current state regulators. HISA presented its draft of proposed safety regulations to the FTC on the eve of the Symposium. It requested and received a waiver from the FTC to delay submission of proposed anti-doping and medication policies for at least 10 days (until Dec. 16). Draft anti-doping/medication regulations shared with industry organizations were met with considerable feedback. The FTC will conduct public register review in January and February and the rules must be approved by March 1 – four months in advance of HISA's launch.

Scheeler said the final regulations approved “will not be perfect” or “written in stone.”

When HISA does begin operations on July 1, it will only conduct out-of-competition testing, leaving post-race testing and adjudication of any violations from those tests in the hands of the state racing commissions for the rest of the year. Scheeler said HISA would take over post-race testing on Jan. 1, 2023. HISA would adjudicate any violations detected from out-of-competition tests.

Scheeler said HISA also hopes to work with racing commissions when it begins post-race testing to use existing personnel for race-day blood and urine collections, adding that if something isn't broken HISA is not interested in fixing it.

Technology And Big Data Will Be Critical

Scheeler and Dr. Susan Stover, a HISA board member and chair of the Racetrack Safety Committee, spoke about the importance of technology and data to HISA's success. The “transformational database” referred to by Scheeler would include information on both covered persons and covered horses and provide trainers and owners an interface to report whenever a horse's location changes, an important component for out-of-competition testing.

Stover, whose breakthrough research at the University of California-Davis has led to greater understanding of injury prevention, said the opportunity to collect comprehensive data is extremely important for racing to reduce the rate of fatal or serious injuries and for the sport to maintain what she called its Social License to Operate (SLO) with the public.

Stover pointed out that the United States has in recent years reduced its rate of fatal injuries per thousand starts by 40% but still has a rate higher than in the United Kingdom, Australia/New Zealand and Hong Kong. “We have work to do,” she said.

Dr. Sue Stover (right) and Ann McGovern

Fatalities aren't the only concern to Stover, who said 3% of horses at the tracks are taken out of training each month, an attrition rate she estimated costs nearly $82 million to horse owners every month.

Some form of pre-existing condition was detected in almost 90% of fatally injured horses she has examined over the years, Stover said. Factors that led to increased risk included corticosteroid injections, recent lameness and abnormalities in pre-race exams. Stover said data collected on training intensity (speed works at longer distances) may help HISA develop best training practices, especially for horses coming off layoffs.

Racetrack accreditations by HISA will be phased in, with tracks currently accredited by the NTRA getting an interim three-year accreditation with HISA, provided they make good faith efforts in certain areas and adhere to data reporting requirements.

Ann McGovern, a racetrack safety committee member, said in response to a question from the audience that tracks that fail to be accredited will lose their ability to conduct interstate wagering.

HISA/USADA Price Tag Remains a Mystery

Scheeler said HISA was not yet in position to submit a budget for HISA operations, in part because it does not have a contract with USADA. Costs, he said, would also depend in part on how things are worked out with state racing commissions. “It will cost money,” Scheeler said, “but this is an investment.” He compared the industry's failure to advance safety and anti-doping programs to bridges and roads crumbling because of the lack of infrastructure investment. Some of that investment will be in what Scheeler described as a “powerful and rigorous investigation program” similar to the 5Stones Investigations unit hired by The Jockey Club that investigated many of the trainers, veterinarians and drug suppliers who were indicted on federal charges in March 2020.

In a separate panel, Ed Martin, president of the Association of Racing Commissioners International, said language in the bill that created HISA was flawed because it does not require state racing commissioners to help with funding. “They made a mistake with this bill,” said Martin. “They allowed the states to walk away.” Martin suggested that state budget directors will withdraw funding for horse racing regulations and drug testing once they find out they aren't required to help fund HISA.

Therapeutic Medication List Still Being Developed

A group that included Adolpho Birch, HISA board member and chair of the Anti-Doping and Medication Control Committee, reviewed how medication violations will be adjudicated, separating primary (most serious) and secondary (therapeutic) drug positives.

Jeff Cook, general counsel for USADA, said a goal will be to adjudicate cases more quickly: four weeks when doping violations for secondary medications are challenged and eight weeks for primary drugs. A national stewards panel will adjudicate the secondary cases with an arbitrator used for the more serious violations. Cases can also be appealed to an FTC administrative law judge.

Two notable changes from the current process are that split samples would not go to a lab of the trainer's choosing and public disclosure of complaints may come as soon as the trainer is notified.

Birch, general counsel for the Tennessee Titans, served previously as the NFL's top anti-doping officials and helped draft the league's drug policies. Birch said the NFL was struggling with controlling the widespread use of performance-enhancing drugs, with some players dying from drugs and others feeling the need to cheat to compete. “If we didn't change,” he said, “the sport was going to suffer irreparably.”

Dr. Tessa Muir, USADA's director of equine science, said the HISA Anti-Doping and Medication Control Committee is still in the process of drafting a therapeutic medication list and screening limits for those drugs.

Mr. Rooney Goes Back To Washington

In his keynote address – his first as NTRA president and CEO – former Florida Congressman Tom Rooney said his mission will be to represent the horse industry in Washington, D.C., where he served five terms in the House of Representatives, from 2009-'19.

Rooney succeeds Alex Waldrop, who served as NTRA chief executive for 15 years. Waldrop was honored on Tuesday by the Race Track Industry Program with the Clay Puett Award for outstanding contributions to the industry.

From a family that owns the NFL's Pittsburgh Steelers and has been involved in Thoroughbred, Standardbred and Greyhound racing, Rooney brings a solid resume to the position. As a former member of Congress, he understands how important it is to have an industry representative in the nation's capital.

That's never more important than today, he said, referencing high profile events like the sudden death of Medina Spirit, the first-place finisher in the Kentucky Derby, and the fact that “our opponents have not gone away and they never, ever will go away.”

Incoming NTRA president and CEO Tom Rooney

Rooney's family owns the Palm Beach Kennel Club in Florida, where Greyhound racing was recently eliminated in a state-wide vote.

Rooney said he will work to support a smooth transition to HISA, help racing benefit from sports betting and maintain favorable tax benefits for horse owners.

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HISA Sends Draft Of Racetrack Safety Regulations To Federal Trade Commission

The Horseracing Integrity and Safety Authority (the Authority) on Monday formally submitted draft Racetrack Safety regulations to the Federal Trade Commission (FTC) for review, public comment and final approval with an effective date of July 1, 2022.

The draft rules reflect significant work by the Authority's Racetrack Safety Committee and input from a broad range of regulators, experts, other industry stakeholders, and the general public. The rules will establish a national, uniform program including pre-race veterinary inspections, voided claim rules, racetrack surface maintenance, and the gathering of medications, treatment, and injury data.

In addition, the Authority notified the FTC of the Authority's intent to file final draft rules for the Anti-Doping and Medication Control (ADMC) program later in December, prior to the new year. To date, the United States Anti-Doping Agency (USADA) has led the process of authoring draft rules for the program in coordination with the Authority's ADMC Committee, led by Adolpho Birch. As explained in the formal waiver request, the Authority and USADA are continuing to finalize the terms of the agreement under which USADA will operate as the independent enforcement agency for the new rules. The organizations will also continue to evolve and refine the draft ADMC rules to take into account industry and public feedback.

“We are pleased to have submitted the draft Racetrack Safety rules which will make the sport safer for both equine and human athletes and thank the Authority's Racetrack Safety Committee for their hard work,” said Charles Scheeler, chairman of the Authority's Board of Directors. “In addition, we are deeply grateful for the diligence, expertise and leadership of USADA and the ADMC Committee in developing comprehensive draft ADMC rules in a remarkably short period of time. We are also grateful for the feedback we received from all segments of the racing community regarding these draft rules. We look forward to continuing our partnership as we finalize and operationalize new, nationwide regulations to ensure the integrity and safety of the sport.”

Please visit hisaus.org and follow the Authority on Twitter and Facebook to keep up with the latest developments.

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