MJC Issues New Statement on Laurel, Racing will Resume

The Maryland Jockey Club (MJC), which cancelled racing this weekend after two fatalities at Laurel Park Thursday, issued a new statement late Saturday regarding the status of the Laurel surface.

The statement appears in full below:

The Maryland Jockey Club has cancelled its Thursday, Apr. 27 racing program at Laurel Park due to insufficient entries. The racing office will be open and taking entries Sunday for the Friday, Apr. 28 program.

We acknowledge the recent statements in the press regarding the safety of our racing surface. However, we want to emphasize that 1/ST Racing and the Maryland Jockey Club prioritize safety above all else, and continually engage in proactive analysis of our racing and training surfaces. To this end, we have engaged the services of Dennis Moore, a renowned industry expert, who has been conducting routine testing of the Laurel Park racing surface for the past three days. Dennis, along with independent engineering experts, have performed a comprehensive battery of tests during this time, to ensure the safety of our racing surface.

Particle size distribution via the following methods:

  • Laser diffraction
  • Sieve and hydrometer
  • Orono Biomechanical Surface Test (ASTM Standard F3400)
  • Peak Vertical Load
  • Peak Fore-Aft Load
  • Peak Vertical Deacceleration
  • Ground Penetrating Radar
  • Percentage surface crossfall
  • Bulk Density
  • X-ray diffraction
  • Base inspection

The results of these tests were all within industry norms. Based on these tests and their professional knowledge, our track experts have advised that there are no issues with the track and that it is safe to race and train.

In addition, Dr. Jennifer Durenberger, Director of Equine Safety and Welfare with HISA, has at our request reviewed Laurel's fatality data and stated, “I've reviewed the data provided to me this morning by the Maryland Racing Commission and find a racing fatality rate at Laurel of approximately 1.3/1,000 starts since January 1st. By comparison, the Equine Injury Database shows a rate of approximately 1.98/1,000 at this same point (through Apr. 21) last year.” As stated the current fatality rate has decreased from last year at the same point.

Even though the track surface is within industry standards certain Horseman have determined not to submit entries for this Thursday's racing card. Hopefully after reviewing the facts live racing will proceed.

We hope that all stakeholders will be able to come to a consensus and adopt the enhanced veterinary and safety protocols that have been implemented with great success in California. MJC has made repeated requests of the horsemen and are still waiting for their approval to be able to move forward with their implementation.

While we all know that catastrophic injuries will not be eliminated completely it is clear from the above that our track is not the issue, and we urge the Commission and the MTHA to take advantage of the proven enhancements to improve horse safety.

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KTFMC Meeting: Equine Veterinary Changes, Implications for Farm Managers

by Sara Gordon and Katie Petrunyak

LEXINGTON, KY-The Kentucky Thoroughbred Farm Managers Club (KTFMC) held its first meeting of the year on Tuesday at Keeneland. The event was conducted jointly with the Kentucky Association of Equine Practitioners (KAEP) and the over 200 in attendance represented both organizations. Members of the Godolphin Flying Start and Kentucky Equine Management Internship programs were also on hand.

Recent changes and trends in the equine veterinary field were a focal point of the evening, along with topics including equine litigation and liability, navigating equine veterinary practice changes and the equine veterinarian shortage.

KTFMC President Gerry Duffy said their board brought up the issue of the equine veterinary shortage as a potential topic for their monthly meeting and from there, they partnered with the KAEP knowing that the subject would be relevant to both organizations.

“We know that the vet-farm manager relationship is so important and we have been hearing statistics about how they're struggling to get equine practitioners and of the ones they get, there's a high degree of partition,” Duffy explained. “We thought it would be a good topic to discuss at the meeting and when we got talking to the KAEP, they were having a meeting focused on equine veterinary litigation and liability so we thought, why not bring the two together?”

A 'Q and A' session on the Horseracing Integrity and Safety Act (HISA) was also conducted with HISA's Director of Equine Safety and Welfare Dr. Jennifer Durenberger and HISA Representative Marc Guilfoil, bringing forth a host of questions on the new responsibilities that those overseeing horses outside of the racetrack would take on if and when HISA comes into authority.

Evolving Landscape of Equine Insurance Coverage

Equine attorney Mike Casey of Casey Bailey & Maines, PLLC, based in Lexington, was the first speaker to the podium, leading a discussion on the evolving landscape of equine insurance coverage and the particulars of filing a claim under those policies.

Casey emphasized the importance of the relationship between vets and farm managers, particularly when it comes to how the vets document interactions with their patients and handle subsequent care when called out to the farms. This is all information that is not only necessary for those directly connected to the horse, but also required when it comes to instances of filing a claim, such as equine mortality, with an insurance agency.

Common issues that arise involve how often the vet visits the patient, varying whether the visits are routine or for a specific health issue, which correlates with the problematic pressure to prescribe medication without examining the patient first.

“It is critically important to make sure when you're administering medications that you have that temporal visit with the horse,” said Casey.

He also touched on the growing issue of using medication on a horse that it was not originally prescribed to.

“I probably see that more today, in the last two or three years, than the last 10 years before.”

All of these issues were weighed against what the insurance company would be looking for when handling a claim, which always leads back to the importance of maintaining precise, updated documentation. Medical records must include enough detail that anyone checking on the horse should be able to know exactly what their health status is, what treatments they have received in the past and how things should be handled for that particular patient going forward.

“Farm managers need to call the vet and make sure they see the horse the next day. It'll hopefully avoid a catastrophic outcome and it is in compliance with regulations that we know will have heightened scrutiny as we go to HISA, or as KAEP redrafts regulations,” said Casey.

When dealing with mortality insurance claims, farm managers should take the time to read through the entire policy in order to understand what is expected of them when dealing with the insurance company. In that same vein, all communication with the designated representative of the insurance company should also be documented, to avoid any issues when filing a claim down the road.

Casey explained why understanding any negating factors, such as instances of failure to provide improper care, is crucial. His example touched on use of a medication on a horse that it was not prescribed to, which could fall under the realm of an “intentional act” of improper care. In most cases, “proper care” is defined after the fact.

“We want to be able to connect the prescription to the horse, to the vet's visit, to prevent application of the unauthorized medication claim,” he said.

Communication and proper documentation are the key points when it comes to vets and farm managers abiding by regulations, maintaining the proper care for the horses in their charge, and ensuring that in the case of any insurance claims filed, everything is presented properly to guarantee a seamless process.

According to Casey, there is no such thing as too much communication, using the example of emailing the insurance agency a summary of the vet's visit for annual vaccinations to prove his point. Farm managers must also understand that a vet isn't going to report directly to the insurance agency in the case of a claim, so they must maintain their own day-to-day records as well.

“We've got to establish a dialogue for this industry, [when it comes to] what is reasonable, proper and the routine method of doing business. It is important that insurers play a role in this,” said Casey. “It's too easy to use the sins of others in the industry to say, 'That's why we have a heightened medication claim.'”

As he concluded his presentation, Casey reiterated the importance of ensuring all treatment decisions and medications are being administered based on the physical examination of that horse.

 

KTFMC President Gerry Duffy with former president John Williams | KTFMC

Equine Practitioners Discuss Vet Shortage

While most meeting attendees were aware of the equine veterinary shortage, the statistics shared by Hagyard's Dr. Luke Fallon were staggering.

Fallon said that according to a recent survey conducted by the American Association of Equine Practitioners, by 2030, equine medicine will need over 5,000 veterinarians to meet the growth in demand. Currently there are approximately 3,650 practicing equine veterinarians in America.

Additionally, of the 3,300 veterinary graduates each year from U.S. schools, only 1.3% will enter the equine profession directly. While 4.5% will enter an internship program, 50% will leave the equine profession within five years.

“If you do the math, the shortage of equine veterinarians is already here,” Fallon said. “Why are equine vets leaving the profession? Burnout is one of the key factors. It is a demanding job with long hours and low starting salaries compared to small animal jobs, which often include a signing bonus as high as $200,000 for new graduates.”

Fallon explained that many young students enter veterinary school with the dream of becoming an equine practitioner, but turn to small animal medicine because it is a more logical step financially. He said that equine veterinarians usually start at between a third and half of the initial salary of a small animal veterinarian.

Fellow Hagyard veterinarian Rhonda Rathgeber joined the conversation to discuss a few of the new initiatives Hagyard is working on to encourage veterinary students to consider a career in the equine industry.

Hagyard has enhanced their recruitment efforts by hosting student weekends to show how their facility operates and share details about their externship program. Although the initiative has been hurt in recent years due to the pandemic, it has led to increased numbers in their externship program.

“We are up to 150 externs this season, so if your veterinarian has an extern or a student with them, please be patient,” Rathgeber advised. “We've done a lot of work to get them to come and see what it's really like.”

Hagyard has also increased their outreach through college visits. Last year, they visited a third of the veterinary colleges in the country. Additional recruitment efforts include a podcast, their participation in the annual Opportunities in Equine Practice Seminar hosted by Rood & Riddle Equine Hospital and also hosting their own undergraduate seminars for pre-vet students.

Jim Heird, PhD, rounded out the session to discuss one promising step toward overcoming the shortage. Heird is a member of the advisory council for Lincoln Memorial University's Equine Veterinary Education Program (EVEP), which provides an accelerated, six-and-a-half year path to a Doctor of Veterinary Medicine degree. Students go through the undergraduate program at LMU and as long as they maintain a 3.35 GPA, they are automatically accepted into the school's veterinary program.

The EVEP places an emphasis on their students developing hands-on horsemanship skills. Students will work on-farm summer internships during their undergraduate years and then will intern at clinics during their summers in the veterinary program.

Heird said that LMU produces more equine veterinarians than any other school in the country.

“When I think about my career, I don't know of anything that I've done that has as much impact on the future of this industry than this program could have,” he said. “That's why I'm so passionate about it.”

 

HISA's Director of Equine Safety and Welfare Dr. Jennifer Durenberger and HISA Representative Marc Guilfoil

Concerns for Consignors and Managers Brought to Light During HISA Q and A

The evening concluded with a focus on HISA, where attendees were given the opportunity to ask Durenberger and Guilfoil questions. Pertinent to those in attendance, many questions focused on the regulations for those dealing with horses covered under HISA, outside of the track, such as consignors at the sales or farm managers handling lay-ups at the farm.

Though HISA has already released handbooks for racetracks, racetrack maintenance, regulatory veterinarians, attending veterinarians and trainers, Durenberger did say that handbooks for groups such as farm managers, consignors and off-track vets were in the works.

In the meantime, she emphasized that it would be the responsible party's job to update any records related to a “covered horse” in the HISA online portal, as those records would not be required until the horse returned to the racetrack. In those cases, the responsible party would more than likely be the trainer.

Further concern was expressed for clarifying who the responsible party would be, depending on different situations when the horse is not at the track, and specifying the time requirements for submitting any updates to a horse's medical record. Durenberger assured those asking these questions that further details would be provided, in hopes of clearing up any misunderstanding.

 

For almost 100 years, the KTFMC has helped build community and camaraderie among farm managers while also working to find solutions for challenges that these managers face. Their current officers are President Gerry Duffy (Godolphin), Vice President Adrian Wallace (Coolmore), Treasurer Charles Hynes (Coolmore), Secretary Molly Harris (Shawhan Place) and Sergeant-At-Arms B.G. “Scooter” Hughes (Hughes Racing Stable). The club boasts over 500 members and hosts a number of annual charitable fundraisers including a golf scramble, a trail ride, a 5k run, and more. For more information on the KTFMC or to apply for membership, visit www.ktfmc.org or email info@ktfmc.org

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Durenberger Named HISA Equine Safety and Welfare Director

The Horseracing Integrity and Safety Authority (HISA) has appointed Dr. Jennifer Durenberger as Director of Equine Safety and Welfare, effective Nov. 28, 2022, HISA announced Thursday.

Dr. Durenberger will advise HISA's leadership and Standing Committees on equine health and welfare strategies and oversee HISA's relationships with industry veterinarians and other key stakeholders to ensure consistency in the implementation of HISA's equine safety and welfare policies nationwide.

“HISA is thrilled to have Dr. Durenberger sharing her insight and expertise to help protect the health and welfare of our sport's magnificent equine athletes,” said HISA CEO Lisa Lazarus. “Dr. Durenberger's leadership will be crucial to ensuring the success of HISA's cooperative relationships with Regulatory, Association and Attending Veterinarians, and other industry stakeholders, as we continue to fulfill our mandate to enhance safety and integrity.”

Dr. Durenberger has more than 30 years of experience in Thoroughbred racing, most recently serving as the Jockey Club Steward for the New York Racing Association. She is a member of the National Thoroughbred Racing Association's Safety and Integrity Alliance, where she serves as Senior Veterinary and Regulatory Consultant, and a board member of the Racing Officials Accreditation Program.

“It's a privilege to join the exceptional team at HISA in its effort to improve equine health and safety through the introduction and enforcement of strong uniform rules,” said Dr. Durenberger. “I look forward to working with HISA's experts as well as the Horseracing Integrity and Welfare Unit to further position veterinarians and all racing participants for compliance and success.”

An accredited senior steward, Dr. Durenberger previously worked as the Chief Examining Veterinarian for NYRA, a Commission Veterinarian for the California Horse Racing Board, an Association Steward at Delta Downs in Louisiana, a Steward at Canterbury Park for the Minnesota Racing Commission and as Director of Racing for the Massachusetts Gaming Commission. Dr. Durenberger received a veterinary degree from Cornell University and a law degree from Western State University College of Law at Fullerton.

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Weekly Stewards and Commission Rulings: A Primer

Starting next week, the TDN will begin a weekly roundup of key official rulings from the primary tracks within the four major racing jurisdictions of California, New York, Florida and Kentucky.

The task, however, of collecting these rulings has wrenched the curtain back on the fractured way in which the industry polices its own and then makes those rulings public–or not, as is often the case.

The California Horse Racing Board (CHRB) provides something of a gold standard, thanks to a centralized, easy-to-use database containing all stewards rulings from across the state.

Perhaps most importantly, it includes a soup to nuts of everything from medication violations to disorderly conduct on the backstretch to excessive use of the riding crop.

This isn't the case across the board, with information sometimes buried deep in hard-to-use websites, or else withheld from the public altogether.

When it comes to the Florida racing industry, which operates without a centralized commission, medication violations and excessive use of the whip offenses–at least those whip offenses pertaining to state rules–are supposed to be posted on the Florida Department of Business and Professional Regulations' (DBPR) website here.

The information, however, is limited. Indeed, to see a particular stewards' ruling, a final order, or a consent order, for example, you would need to make a public records request.

What's more, the website isn't organized in a chronologically searchable fashion, meaning, you would need to know in advance who the ruling is against before you could find it.

And so for the sake of our weekly endeavour as it pertains to Florida, we will also scour the Thoroughbredrulings and ARCI's Recent Rulings websites alongside the DBPR. Because those other databases aren't always updated on a timely basis for similar reasons, however, the information we impart may be similarly tardy.

Other offenses in Florida, like most riding violations, are handled by the individual tracks according to their house rules. In the case of Gulfstream Park, however, these rulings aren't made public.

The situation in Florida does appear poised to change thanks to an administrative hearing ruling from earlier in the year.

Expected imminently, a panel of stewards–one from the state and two association stewards–will begin hearing horse racing related medication and riding offenses in Florida.

When will this new system start? The answer is unclear. And where will these rulings be posted? That's unclear, too. But we will be following developments.

Interestingly, a state bill signed into law earlier this year creates a gaming commission in Florida.

That legislation was signed into law alongside two companion bills. One is commonly referred to as the Seminole Compact, that permits the Seminole Tribe to operate sports betting and adds craps and roulette to the tribe's casinos, among other things. The other was a decoupling bill, which allows racetracks and other gaming facilities to host other forms of gambling.

A ruling late last month in a Washington D.C. federal court invalidated the compact, however. Will this impact plans to create a gaming commission? Possibly, said Daniel Wallach, a Florida-based attorney who has been following this case closely.

“All three statutes–the Seminole Compact, the creation of this new gaming agency, and the decoupling of Harness racing and Quarter Horse racing–they were all adopted at the same time, and, crucially, the effectiveness of decoupling and the creation of the agency was expressly tethered to the effective date of the compact becoming a law,” Wallach said.

Therefore, Wallach added, “If the compact is no longer effective since it was invalidated by a federal court, then it raises the question of whether the statutes creating the agency and the decoupling of non-Thoroughbred horse racing are invalid as well.”

The creation of a Florida gaming commission, experts say, wouldn't likely have an impact on the way horse racing related offences are adjudicated, however.

When it comes to New York, their rule book is “older, and certainly less prescriptive in some areas, than what you might be used to seeing in other jurisdictions,” explained Dr. Jennifer Durenberger, the Jockey Club steward for the New York Racing Association (NYRA), in a written statement.

Issues like medication violations, reckless or careless riding, and of conduct detrimental to racing are supposed to be posted on the New York State Gaming Commission's website here.

Violations of the NYRA house rule on whip use–which limits the number of consecutive strikes to five and prohibits use of the crop when a horse is no longer in contention–as well as other minor backstretch infractions, are handled in-house by NYRA by a board of stewards. These rulings are not made public.

The TDN has asked NYRA if it will share on a weekly basis any whip-related rulings, which NYRA says happens fairly infrequently. A response is pending.

When it comes to Kentucky, the state's Horse Racing Commission makes public its administrative rulings here, at the bottom of the page. Higher up on the same page are links to the race day stewards actions and comments.

Will the Horseracing Integrity and Safety Act (HISA) make any difference–if, indeed, it goes into effect on July 1? When it comes to medication violations, expect things to remain disjointed in the beginning.

For the first six months of the program, post-race medication violations will continue to be handled by the individual commissions and posted on their individual websites.

And for those same first six months, the out-of-competition (OOC) testing program will be handled by the enforcement agency, most likely the United States Anti-Doping Agency (USADA), which will post results on its website.

Come 2023, all post-race and OOC testing is expected to be handled by USADA, and therefore, all results are expected to be posted on its website.

When it comes to other violations, things have a similarly fractured look to them.

There are certain issues like dangerous riding and minor backstretch altercations that don't fall under HISA's purview, and which, as a result, will continue to be adjudicated by state stewards (and therefore posted on their individual websites–or not, as the case may be).

But matters like excessive whipping and use of an electronic device (i.e., a buzzer) do fall under the act's remit. As such, these offenses will be heard by one of two different panels.

  1. An individual jurisdiction can enter into a voluntary agreement with the Authority which will allow its existing state stewards to adjudicate these offenses.
  2. If they don't enter into a voluntary agreement, a separate body of stewards, overseen and managed by the Authority, will hear these cases.

And where will these rulings be posted? At the moment, that's unclear, though it does appear as though they will be posted on a publicly available centralized website at some point after the act goes into effect.

There are a couple of important things to note before we begin this weekly process.

One is that, because California appears to be the only one of the four major jurisdictions to post rulings on minor backstretch infractions, we will stick primarily to medication and riding offenses, so as not to treat the California licensees unfairly.

The second is that the information the TDN posts weekly will only be as timely as that issued on each jurisdiction's websites. Expect a bit of a time drag, therefore.

“As a steward, I would be interested in seeing a weekly summary,” Durenberger wrote, about the TDN's plans. “I believe it's been suggested to HISA to require house rulings and associated fines to be made public in a centralized searchable database.”

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