Judge Finds In Favor Of Kentucky Tracks, Commission In Lasix-Focused Civil Case

A judge in Kentucky has denied a motion for summary judgement by the Kentucky Horsemen's Benevolent and Protective Association (KHBPA) and granted a motion for summary judgement by the Kentucky Horse Racing Commission (KHRC), Keeneland, and Churchill Downs in a civil case focusing on furosemide administration. Franklin Circuit Court Judge Thomas Wingate entered his order Nov. 18 after both sides had requested he find in their favor.

Earlier this year, the KHBPA had brought suit against the KHRC and racetracks because it argued the tracks inappropriately created a house rule mirroring proposed changes to state regulation beginning a partial furosemide phaseout in the state. This year was set to be the first time Lasix administration would be pushed back to 24 hours pre-race for all 2-year-olds, but a new rule reflecting this had not completed the regulatory process before the first juvenile races of the year were carded. Churchill and Keeneland wrote race conditions reflecting the impending rule change, which the KHBPA said was beyond the scope of their authority. Moreover, it had argued, the KHRC should not have allowed the tracks to make rules regarding medication. The commission and tracks cited rule language they believed did give them that authority.

After rule language reflecting the 24-hour Lasix administration in 2-year-olds went into effect in August, Wingate ruled, the question became moot.

“The Court must again begin this Order by stating that it is not concerned with any scientific or humanitarian argument in favor of or against the use of Lasix in horses,” Wingate's order read. “This zealously debated topic is not the issue before the Court. Instead, the Court is merely addressing a legal challenge brought by the KHBPA regarding what it alleges is an improper delegation of statutory authority to associations, such as Keeneland and Churchill, by the KHRC.”

The KHBPA had also challenged plans to push back pre-race furosemide administration in stakes races in 2021. Wingate indicated any claims about the legality of that action were not yet “ripe” since stakes races for older horses have not yet been carded under these circumstances.

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View From The Eighth Pole: The Sky Is Not Falling Because Of Lasix Ban

Where are the pearl clutchers? You know, those people who promised that we'd be seeing jockeys with red-splattered pants getting off horses who gushed blood during a Thoroughbred race because trainers couldn't give the animals a diuretic four hours before competition.

They've gone silent.

Officials with the Breeders' Cup, Keeneland and the Kentucky Horse Racing Commission managed to stage five world championship races for 2-year-olds on Nov. 6 (seven races for juveniles if you include a pair of undercard stakes) where the letter “L” for Lasix was missing next to each horse's name in the program, past performances and official chart.

Eighty-five 2-year-olds competed without race-day administration of Lasix. I'm sure some of the horses showed signs of exercise-induced pulmonary hemorrhage when they were examined by endoscope following their races, but the bottom line is this: The sky did not fall because of a ban on Lasix.

On Nov. 7, the second day of the Breeders' Cup, things were back to “normal.” All 88 North American-based horses contesting nine championship races (plus all 28 runners in undercard stakes) were given an injection of Lasix approximately four hours before competition – whether or not they really needed it to treat internal bleeding. Trainers of 13 of 18 runners from overseas opted to have the drug given to their horses, too, even though they don't need it or use it in their home countries. All of the European winners – Glass Slippers in the Turf Sprint, Audarya in the Filly & Mare Turf, Order of Australia in the Mile (plus the second- and third-place runners from Aidan O'Brien's Irish stable) and Tanawa in the Turf – raced on Lasix.

I think it's fair to assume the use of this drug is a “when in Rome” decision by those overseas  trainers who don't want to compete on a playing field that isn't level. And if they didn't believe Lasix enhances performance of the competition they were facing, why would they use it on their horses?

It's not just the Breeders' Cup Future Stars Friday program that has gone Lasix-free. In several major racing jurisdictions across the U.S., 2-year-old Thoroughbreds are competing without the use of the race-day drug. And the sky is still not falling.

I've talked to several trainers who were not eager for the change and they've said a small percentage of their 2-year-olds have bled this year – one of them adding that it's possible a horse that did bleed might have done so even if it had been administered Lasix. One of the trainers said horses seem to be coming out of their no-Lasix races with more energy than their 2-year-olds had in previous years when competing with the drug in their system..

Things get more complicated in 2021 when the ban on Lasix is extended to all stakes races in states where a coalition of tracks are partially eliminating the drug. That means horses likely will be racing on Lasix in non-2-year-old maiden and allowance races, then going without it in stakes races. Will “Lasix off” become the same kind of handicapping angle many horseplayers now use with “Lasix on”?  It's not a good look for a sport when drugs are considered a factor in whether or not a horse will win.

The stakes race Lasix ban also means trainers with horses that have a history of bleeding will be trying other remedies. There will be lots of junk science and snake oil being sold.

The pearl clutchers who claim American racehorses cannot survive without Lasix are the same people who maintained that anabolic steroids were therapeutic and that horses (especially geldings) needed them to get through demanding training regimens. They're the same people who say horses need regular doses of clenbuterol because they're in dusty barn environments that create breathing problems.

Lasix is not the biggest problem facing this sport. It's nowhere near the focus of the FBI's investigation into illegal doping of racehorses that will be playing out for months, possibly years, to come. But the use of Lasix in nearly 100% of horses to address a problem that exists in a much smaller percentage of runners is an indication of how pervasive horse racing's drug culture has become.

That's my view from the eighth pole.

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Mid-Atlantic Sees Significant Drop In Racing Fatalities Following Reforms

COVID-19 forced Thoroughbred racing into what was for most a two-month hiatus, but the stakeholders in the Mid Atlantic turned the down time into an opportunity to focus on its Strategic Plan to Reduce Equine Fatalities.

Regulators, racetracks, horsemen's and breeders' groups representing all seven states in the region – Delaware, Maryland, New Jersey, New York, Pennsylvania, Virginia, and West Virginia – committed to the Mid-Atlantic Strategic Plan to Reduce Equine Fatalities in 2019. Collectively, they have been working to adopt regulations, protocols and best practices to enhance the safety and integrity of the sport. Their efforts are having an impact. The equine fatality rate in the region has dropped from 1.78 per thousand starts in 2019, to 1.21 per thousand to date this year, a decrease of 33%.

The architects of the Strategic Plan, Thoroughbred Horsemen's Association Chairman Alan Foreman and New York State Equine Medical Director Dr. Scott Palmer, provided a progress report on the efforts of the Mid-Atlantic stakeholders Wednesday.

“It is heartening to see that the commitment and hard work of so many in the Mid Atlantic is bearing fruit,” Foreman said. “We have representatives from every faction of the Thoroughbred industry in the region at the table. Everyone has the chance to be heard and their specific issues considered. We are proud to say that, working together, we have been able to make significant advances on issues of medication reform and horse health.”

Dr. Palmer remarked, “In a climate of polarity and discord, the efforts in the Mid Atlantic serve as a shining example of what we can accomplish when we are united behind the cause of equine safety and welfare.”

Every state in the Mid Atlantic has adopted the following reforms:

  • A prohibition on NSAID “stacking” – the use of more than one NSAID the week of a race
  • Transfer of joint injection records for claimed horses
  • Necropsies on equine fatalities
  • Mortality Review Board
  • Voidable claim rules

Dr. Tim Parkin, a renowned epidemiologist from the University of Glasgow, released the findings of his latest study using data from The Jockey Club's Equine Injury Database in June, noting that those tracks that have instituted a void claim rule in the last 10 years saw a 27% decrease in equine fatalities for those races. The states in the Mid Atlantic have all implemented this additional layer of protection; claims are voidable at the discretion of the claimant if the horse is vanned from the track after the race or is observed to be lame prior to delivery to the new trainer.

Additional reforms have been implemented in all states except West Virginia, including:

  • 48-hour withdrawal time for NSAIDs
  • Enhanced penalties for NSAID overages
  • 14-day withdrawal for joint injections

The West Virginia Racing Commission considered legislation to adopt the new guidelines for NSAIDs and joint injections, but it ultimately was voted down by the Commission.

“We are disappointed that West Virginia remains an outlier in this area,” Foreman said. “Regulatory changes in the state must go through the legislature, which takes time, but we will continue to work with all parties to get this done.”

There is a strict prohibition on the use of bisphosphonates in all horses under the age of four throughout the region, with a total ban in place in Maryland and Pennsylvania. In May, the Mid Atlantic agreed to adopt restrictions on the use of thyroid supplements, now requiring that a horse be diagnosed with hypothyroidism through a thyroid releasing hormone stimulation test; the treatment plan must be reviewed and approved by the equine medical director or chief regulatory veterinarian in the state. In October, the group moved to restrict the use of clenbuterol. The new rule requires regulatory approval for treatment with clenbuterol, mandates that the horse be placed on the Veterinarian's List, and bars the horse from racing until it tests negative in both blood and urine and completes a satisfactory workout observed by a regulatory veterinarian.

In addition to the regulatory changes, the Mid Atlantic has approved Best Practices in a dozen areas, including:

  • Biosecurity
  • Crisis Management Communication
  • Equine Aftercare
  • Layoff Report
  • Pre-Race Inspections
  • Safety Officer
  • Shock Wave Therapy

Maryland led the charge on the mandatory Layoff Report, a standardized form that provides regulatory veterinarians with vital information for all horses that have not raced for 150 days or more, including the reason for the layoff, medication and joint injection records, and surgical reports. The Layoff Report has been fully implemented in Delaware, Maryland, Virginia and West Virginia, and is in process throughout the Mid Atlantic.

The most high-profile of this year's changes has been the crop rule. The stakeholders in support of the Strategic Plan created a Committee of 24 regulators and stewards to review the many proposals on the table. All interested parties were invited to participate, with the Jockeys' Guild providing significant input during a series of conference calls. A draft was approved during a presentation to more than 50 representatives of the region's racetracks, horsemen's groups and regulatory agencies.

The draft underwent one final review after the Kentucky Horse Racing Commission approved a rule June 19, and was modified once more to align with provisions in the Kentucky rule. Starting Aug. 1, the rule went into effect in Delaware and Maryland. Pennsylvania followed suit in October. West Virginia has begun the legislative process necessary to adopt it in 2021.

“Uniformity has been a hallmark of the efforts in the Mid Atlantic for more than a decade, going back to the ban on anabolic steroids in 2008,” Foreman said. “Our annual Regulatory meetings have grown year after year, with the focus expanding from medication and testing to include equine welfare and racing integrity. The crop rule is a natural extension of our efforts. We felt it imperative to have a consistent crop rule in every jurisdiction, and we made every effort to ensure that all stakeholders had the chance to weigh in on it.”

A 30-page Strategic Plan Manual, still a work in progress, has been created as a reference for all Mid-Atlantic jurisdictions. There is also a Horsemen's Guide to the Strategic Plan, providing an overview of the regulations and best practices that impact the day-to-day business of training Thoroughbred racehorses.

A second Guide outlines the Risk Factors that have been identified through Dr. Parkin's work with the Equine Injury Database and the Grayson-Jockey Club Research Foundation, which horsemen can use to assess their stable and modify care and treatment as necessary for horses at increased risk.

“From day one when concept of the Strategic Plan was first under discussion, this has been a collaborative effort, with all of our stakeholders focused on one thing – doing what is right by the horse,” said the Strategic Plan's Project Manager, Andy Belfiore. “The level of dedication and the amount of time and energy devoted to this initiative from all involved has been remarkable. It has taken a lot of work from the regulators and the state veterinarians, to racetrack's management teams, to the owners and trainers and jockeys, to get to where we are today.”

As the first phase of the Strategic Plan nears completion, the focus turns to the topics including the racetrack maintenance quality system; jockey health; the transfer of horse health records for all claimed horses; and continuing education.

Dr. Kelly Ryan of MedStar Horsemen's Health in Maryland worked with HeadCheck Health to develop a system that establishes concussion protocols for jockeys, as well as providing a HIPAA-compliant portal for jockey health information, and a communications network to ensure that all racetracks on the system are notified if there is an accident or injury affecting a jockey's status to ride. Maryland began a pilot program last fall, and Delaware Park enrolled its riders when racing resumed this spring. Additional jurisdictions are now working with HeadCheck to explore implementation, with the goal of having every Mid-Atlantic racetrack on the network by next year.

The Mid-Atlantic alliance unanimously approved a Continuing Education rule that will go into effect in 2021. Trainers and assistant trainers will have a year to fulfill the requirements, which include four hours annually of CE training, with a minimum of two hours to focus on equine health, safety and welfare. Fulfillment of CE requirements will be a condition of licensing in 2022 for all Mid-Atlantic states. New York already has a CE rule on the books, Maryland has begun the adoption process, West Virginia included it in its legislative package for 2021, and the remaining states have committed to adoption next year.

“New York has been a leader in many areas, including Continuing Education, but the Mid-Atlantic Strategic Plan is not about one jurisdiction calling the shots for the entire region,” Dr. Palmer concluded. “Working together, we have been able to reach consensus. We have right-minded people in the room who want to do the right thing, and we have a track record for getting things done. What we've accomplished is amazing, and we look forward to continued progress in the coming year.”

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KHRC: Derby Day Samples Cleared, But One ‘Class C’ Positive Found In Oaks Day Sample

Post-race testing from the delayed Kentucky Oaks and Derby days at Churchill Downs (held on Sept. 4 and Sept. 5, respectively) has been completed, according to the Kentucky Horse Racing Commission. A statement released by the Kentucky Public Protection Cabinet indicated that all samples from Derby day were cleared. However, the KHRC will be investigating a Class C medication which was found in one sample from Oaks day.

No specifics were given about the name of the horse, owner, or trainer involved in the positive, but a KHRC spokesperson told the Thoroughbred Daily News that results are expected in November. 

“The Kentucky Horse Racing Commission's official laboratory, Industrial Laboratories (Wheat Ridge, CO), has returned all post-race sample results from both the Kentucky Derby day and Kentucky Oaks day races,” the statement read. “The Derby day samples were 'cleared,' showing no irregularities. The Oaks day samples returned a finding for a class C medication in one (1) primary sample. The KHRC is following its regulatory process in conducting a follow-up investigation of this matter. Accordingly, the names involved will be released at the completion.”

Examples of Class C medications can be found here on the KHRC website.

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