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

The post KTFMC Meeting: Equine Veterinary Changes, Implications for Farm Managers appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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“Jamie Eads is a great asset to the Kentucky Horse Racing Commission and has been a part of the evolution of horse racing in Kentucky,” said Beshear. “Jamie has the right combination of background and vision to lead Kentucky horse racing.”

Eads succeeds Marc Guilfoil who led the KHRC as executive director for six years.

The post Eads Named KHRC Interim Executive Director appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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In the role, Guilfoil will direct outreach to and collaboration with state racing commissions on the implementation of HISA's Racetrack Safety and Anti-Doping and Medication Control Programs.

Tom DiPasquale, a HISA consultant, has been performing in the role on an interim basis and will continue to do so until July 15 to facilitate a smooth transition.

“Marc is a respected leader in the racing industry with years of state racing commission experience, and I trust that his expertise, relationships and professionalism will serve HISA well as we continue to work closely with state racing commissions to implement the new federal law,” said HISA CEO Lisa Lazarus. “I also want to thank Tom DiPasquale for his incredible work over the last several months as HISA has prepared to go into full effect this summer; he has been an invaluable contributor to HISA's implementation plan.”

“I want to thank the Governor and the State of Kentucky for the opportunity to serve the state as Executive Director. It's been both an honor and a privilege. I am looking forward to helping HISA achieve national uniform safety and integrity standards,” said Guilfoil.

Guilfoil began his work at the Kentucky Horse Racing Commission in 1988 and was promoted to executive director in 2016. He had previously served as the commission's director of racing and as deputy executive director of the commission.

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Thursday's court hearing was held after the original hearing scheduled on Mar. 2 was postponed when it became apparent that the KHRC would be holding a special meeting two days later to consider and rule on Baffert's request for a stay. This meeting was held on the appointed day and the KHRC voted 10-0 to deny stays of penalties while Baffert and owner Amr Zedan appeal the drug positive rulings related to the disqualification of Medina Spirit in the 2021 GI Kentucky Derby. These penalties include a 90-day suspension and $7,500 fine for Baffert while Zedan was ordered to forfeit Medina Spirit's purse winnings.

After the KHRC board denied Baffert's appeal for a stay on Mar. 4, the matter was taken to the circuit court before judge Thomas Wingate, who did not give an indication of his final decision after Thursday's hearing but said a ruling would be determined by Monday, Mar. 21.

Baffert attorney Craig Robertson was the trainer's sole representative present in court on Thursday while fellow Baffert attorney Clark Brewster appeared later in the hearing over Zoom.

As Robertson began his opening statement, Wingate asked for clarification on the matter of the penalties that came out of Arkansas in May of 2020 when Gamine (Into Mischief) and Charlatan (Speightstown) tested positive for lidocaine. Both horses were initially disqualified and Baffert was handed a fine and a 15-day suspension, but the disqualifications and suspension were later overturned.

“What the facts showed were numerous issues with the original findings of the stewards,” Robertson explained, citing how one sample that supposedly came from Charlatan was incorrectly labeled as a sample from a gelding. “In the end, they set aside the stewards' ruling with no disqualification.”

In Robertson's opening statement, he discussed how the KHRC was attempting to paint Baffert as having a problematic drug violation history, but said that Baffert's violation record stacks up to virtually every trainer in America.

“Their narrative is false,” he said. “By any objective measure, Mr. Baffert has been a tremendous ambassador for horse racing.”

He continued in pointing out the significance of a 90 day suspension because the California Horse Racing Board (CHRB) has confirmed that they too will honor the suspension set forth by the KHRC. Trainers suspended 60 days or more are banned from all CHRB premises and must forfeit their stalls.

“It would essentially end his Hall of Fame career,” Robertson said. “It's preposterous that we would end a Hall of Fame career over a topical ointment. What's even more preposterous is that we end his career before he can appear in court.”

The KHRC is scheduled for a full hearing regarding Baffert's appeal on April 18^th. Up to four days of proceedings are scheduled if needed.

“I'm not asking for you to rule today that Mr. Baffert wins on the merits of this case. That day will come. What I'm asking is that he not be forced to serve his penalty now until his case is heard. If he's forced to serve his penalty now, he can't get those days back if he subsequently wins the appeal. It's not uncommon for stewards' rulings to get reversed by the KHRC itself or by this court,” Robertson said, citing the 2015 Graham Motion case where Motion appealed a suspension and fine handed down by the KHRC. Both were later thrown out by Wingate.

Robertson's arguments placed heavy emphasis on differentiating betamethasone valerate–found in the topical ointment Otomax–and the intra-articular injection of betamethasone acetate. Test results obtained from the New York Equine Drug Testing and Research Laboratory confirmed the finding of betamethasone valerate in Medina Spirit's system.

Robertson noted that while KHRC regulations state that a 14-day stand-down period is required for the intra-articular administration of the corticosteroid as betamethasone acetate, he said that no such violation took place because there was no intra-articular injection of betamethasone as a corticosteroid. In addition, he said that KHRC regulations state that the presence of a detectable concentration of more than one corticosteroid will constitute a violation.

“They only prohibit injections of betamethasone acetate,” he said. “There is no prohibition or regulation of the topical ointment betamethasone valerate and no limit of detection standard unless there is more than one corticosteroid. The KHRC could have specified limit of detection for one corticosteroid or they could have specified for betamethasone topically. They didn't. They are asking for you to read things into the rules that simply don't exist.”

Jennifer Wolsing, the general counsel for the KHRC, began her statement by saying, “There has been a lot of talk about the unprecedented nature of the KHRC's action to deny the stay. It is our position and I would like to submit that Mr. Baffert's conduct is also unprecedented and justifies the stay denial that we have before us today.”

Wolsing went on to explain how Baffert's accrued penalties are “literally off the charts,” how the suspension is justifiable because he presents an elevated risk of re-offense and also how the suspension serves to protect racing participants, the horses, integrity in racing and the public's confidence in racing.

In response to Robertson's comments about the overturned rulings in Arkansas, Wolsing pointed out that Baffert still received fines for the positives from Charlatan and Gamine because the commission found that Baffert was “the absolute insurer of the condition of the horse.” Because Baffert was still fined for both horses, the KHRC considers these occurrence as two separate violations.

Judge Wingate asked Wolsing about the difference in the administration of betamethasone topically and intra-articularly.

“[Regulations] explicitly state, 'Except as expressly permitted in [in 810 KAR Chapter 9], while participating in a race, it is a violation if a horse carries in its body any medication that is foreign to the horse.'”

She went on to state that betamethasone is not expressly permitted, referencing the KHRC's Drug Classification Schedule where betamethasone is listed as a Class C medication. She explained that because the KHRC did not make a distinction as to the form of betamethasone, it therefore indicates that any form of betamethasone is considered a Class C violation. She also notes that a warning is listed on the withdrawal guidelines that states medication administered outside of the guidelines may lead to a positive test result.

“The source of betamethasone is pharmacologically irrelevant to its impact on the horse,” she said. “When betamethasone valerate is absorbed, valerate is cleaved off and you have pure betamethasone in a horse's system.”

When Wingate asked Wolsing about Robertson's earlier point about the KHRC attempting to put Baffert out of business, Wolsing responded by saying that it was not her understanding that the 90-day suspension would put Baffert out of business. She explained that he could transfer his horses to another trainer for that period and said that the trainer could apply for the same stall space and Baffert's employees would not necessarily need to be laid off.

Wolsing concluded, “At the end of the day, we have to look at who is more likely to prevail. Our regulations are very clear. Betamethasone, in whatever form, is completely prohibited on race day…We have unprecedented behavior and it is totally allowable for the KHRC to deny a stay. If it's allowable, this presents the appropriate case to deny a stay.”

Robertson did rebuttal several points from Wolsing's statement.

Addressing her statements regarding the medication specifically, he said that she is relying on a “catch-all” term that betamethasone is a foreign substance, but in looking at the regulations for betamethasone, regulations are clear about the intra-articular injection of betamethasone acetate but nothing is said about topical administration.

“There's nothing in there that says betamethasone valerate is prohibited,” he said. “They could have stated that, but they didn't. They can't go around punishing this man-and putting him out of business and ending his Hall of Fame career– for something they didn't put in their regulations.”

Addressing the fact that Baffert did pay fines for the positives of Charlatan and Gamine at Oaklawn Park, Robertson said that the stewards did not overrule the fines because of political pressure and that while Baffert could have appealed the fines and won, he did not because he considered the overturned disqualification and suspension a victory.

In regards to Wolsing's points about Baffert transferring his horses to another trainer if he is forced to serve the suspension, Robertson pointed out that such a transfer would have to be agreed upon by the other trainer and the horses' owners, and the other trainer would also have to agree to take on Baffert's employees.

“It's not nearly as simple as Ms. Wolsing tried to paint it,” he noted.

KHRC executive director Marc Guilfoil was called to witness to talk about denying Baffert's request to a stay.

When Wolsing asked about his decision, he responded that he put a lot of thought into it and cited the KHRC's mission statement of maintaining integrity and honesty in horse racing. He said that he reflected on Baffert's announcement in November of 2020 where he made several statements including that he would hire Dr. Michael Hore of Hagyard Equine Medical Institute to “add an additional layer of protection to ensure the well-being of horses in my care and rule compliance.” Guilfoil said that to his knowledge, Baffert failed to fulfill the promises made in the public statement.

“Trainer 101 is to look at a medication you're giving and see if there are any prohibited substances,” Guilfoil said, then referencing how Baffert's four medical violations within a one-year time frame averaged to one per 88 starts.

When Wolsing asked Guilfoil how Baffert's case compares to others he has worked on in the past, Guilfoil said, “The word unprecedented has been thrown around quite a bit and I do agree that it is unprecedented, and the two [violations] in Kentucky were two premiere races in the state of Kentucky.”

When Robertson had the opportunity to question Guilfoil, he asked Guilfoil if the executive director could conclude, without question, that he knew Baffert had not attempted to fulfill the promises made in the public statement, to which Guilfoil ultimately said he could not.

Attorney Clark Brewster, who represents both Zedan Racing Stable and Baffert, also gave a statement via Zoom. He too emphasized the distinction of betamethasone administered as a topical or an intra-articular injection and pointed out that prior to Medina Spirit's drug positive, Baffert had only had one medication positive in 29 years of racing in Kentucky. He ended by stating that he was confident that Baffert would ultimately be exonerated.

In order for Wingate to grant Baffert a stay, the judge must conclude that Baffert's stable would suffer irreparable harm without a stay and must also determine that the trainer's appeal could reasonably lead to an overturned ruling at the April 18^th hearing.

The post Familiar Arguments at Hearing for Baffert’s Stay of Suspension appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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After a wait of 283 days since the alleged infraction, Monday's hearing involving trainer Bob Baffert apparently has been rescheduled for Feb. 14.

WLKY-TV in Kentucky first broke the news of the non-hearing and its new date.

TDN attempted to confirm the report by sending emails to KHRC chief state steward Barbara Borden, KHRC executive director Marc Guilfoil, and Baffert's attorney, W. Craig Robertson III, asking each to explain the reason for the postponement.

None of those queries yielded replies prior to deadline for this story. The email to Borden was forwarded to a spokesperson for Kentucky's Public Protection Cabinet, who replied with the same boilerplate response that the KHRC has been issuing to the media for over a week now on this subject: “The KHRC is bound by regulation from providing information about the stewards' hearing prior to the issuance of a stewards' ruling.”

The post Medina Spirit’s Derby Drug Positive Hearing Reportedly Postponed appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

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“Too much misery in the world,” Joerg told lex18.com. “Might as well make someone happy.”

KHRC executive director Marc Guilfoil explained that the postcard also shows Man o' War's longtime handler, Will Harbut, whose great-grandson Greg Harbut currently serves on the commission. Man o' War is also buried just a short distance from the commission's offices.

Guilfoil plans to display the historic postcard, along with Joerg's hand-written letter, in a prominent place in the KHRC office.

“It just floored me that somebody would take their time to do something like this,” Guilfoil said.

Read more at lex18.com.

The post ‘Re-Distribution Of Happiness’ Touches Hearts At Kentucky Horse Racing Commission appeared first on Horse Racing News | Paulick Report.

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The case is based on the finding of betamethasone in a post-race sample of Medina Spirit, collected immediately after the colt crossed the wire first in the Kentucky Derby.

“My understanding is that an affirmative defense is being mounted by the plaintiffs, to the extent that there may be some evidence as to how this substance (betamethasone) was introduced to the horse,” said Jennifer Wolsing, general counsel for the KHRC. “If this turns out to be a viable affirmative defense, and of course right now the Kentucky Horse Racing Commission takes no position one way or another on that issue, that if it is, then the racing commission may want to do additional testing.

“Regrettably, we're still waiting on the testing results. We can't have a stewards hearing until those testing results have come back, because that appears to form the basis of the defense the plaintiffs want to mount. We would really like those results so that we can press forward with a stewards hearing and find out more about this case.”

Counsel for Medina Spirit's trainer Bob Baffert and owner Zedan Stables, Craig Robertson, filed a civil suit against the Kentucky Horse Racing Commission on June 7 demanding their right to test the split urine sample, which sat undisturbed in the commission's freezer. Remnants of the original biologic samples were initially sent to be tested for those ingredients, but they were reportedly damaged before arrival at the plaintiffs' choice of labs, the New York Equine Drug Testing and Research Laboratory.

Judge Wingate ordered June 16 that the remaining urine sample be flown to the New York lab, that two KHRC representatives travel with the sample, and that plaintiffs fund the flight. Upon arrival, the KHRC was to retain 5 milliliters of the sample, while the remainder was to be tested for clotrimazole, gentamicin, and betamethasone valerate.

On July 14, the sample was flown to New York accompanied by Dr. Clara Fenger and Tom Huckeby, representing Baffert and Medina Spirit's owner, Amr Zedan, as well as by KHRC executive director Marc Guilfoil and equine medical director Dr. Bruce Howard.

A July 19 filing by the KHRC alleges that the urine sample was split into four milliliter and 19 milliliter segments, with the New York lab to retain the larger segment for testing. Program director Dr. George Maylin attempted to then retain the remnants of the original urine sample, which was purportedly contaminated during shipment. Maylin claimed he was unaware that the court order required those remnants be turned over to the KHRC.

When the remnants of the original sample were turned over to KHRC representatives, the filing alleges that the urine tube contained only one to two milliliters of “bloody fluid,” a broken serum separator tube, and another tube with serum that had been saved — all presented at room temperature instead of frozen. Guilfoil and Howard report that Maylin said most of the sample had been used up in testing, but would not indicate what testing was performed.

On Monday, after initial confusion over which urine sample the KHRC's motion was referring to, Wolsing represented that the commission was concerned about why the original sample had been tested when it had clearly been contaminated.

“As far as what we're asking for, we did want transparency in these test results, and we'd also like to know why the court order was violated, despite Dr. Maylin's statement to the contrary,” Wolsing said.

“Mr. Robertson says that they (KHRC representatives) took the primary sample back (to Kentucky) with them,” said Judge Wingate.

“We took back what hadn't been tested up by the New York laboratory,” Wolsing clarified. “That was a shock to us. I mean, if this primary sample is so compromised, then what in the world are they testing for?”

Robertson took over the microphone to explain.

“The primary (sample) arrived in New York in a compromised condition,” Robertson said. “New York was under instruction to test that sample, and it arrives in a compromised condition. The Kentucky Horse Racing Commission doesn't advise us that it arrives in a compromised condition until five days later. We immediately then begin the process of, 'Well, let's get the pristine split sample to New York for testing.' That took three weeks because they fought us on that. It took three weeks before there was an order entered that said, 'Test the pristine split sample.'

“During that three weeks, of course the New York laboratory has the primary sample under instructions to test it. Now I don't know what testing they did or didn't do, because I have intentionally not had any communication with them about that. But it certainly is plausible that during those three weeks, they performed some sort of testing on the compromised sample, because they were under instructions to do it, and they had no idea that they would subsequently get an additional sample. Regardless of whatever they've done on the primary sample, and the subsequent split sample, all of those results need to be disclosed to both parties at the same time.”

Following that explanation, Judge Wingate quipped: “The main thing is we need to get those results so I can remand this to the Kentucky Horse Racing Commission, and you all can fight like cats and dogs down there over whether he's the Derby horse, and what needs to happen to Mr. Baffert.”

Judge Wingate did not issue an official order, but said he would do so if the lab was unwilling to provide the test results or a date on which they would be delivered to both parties.

“You're in the driver's seat (referring to KHRC counsel), because you've already got a report that says the steroid was in the horse, and you all just need to go and do your stewards hearings is what I believe, and go from there and see what kind of penalties that the Horse Racing Commission levies on this horse and trainer,” Judge Wingate said.

And so we wait.

The post Kentucky Judge Anxious To Remand Medina Spirit Case To Board Of Stewards appeared first on Horse Racing News | Paulick Report.

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Judge Wingate issued a written decision on June 16 regarding plans for the remaining urine sample of Kentucky Derby first place finisher Medina Spirit. The decision follows a June 11 hearing in Franklin County Circuit Court, in which Judge Wingate determined that the legal team for Medina Spirit's connections will be permitted to do extra testing on a urine sample (the “split sample”) taken from the colt after the Kentucky Derby and held by the KHRC.

The case is based on the finding of betamethasone in a post-race sample of Medina Spirit, collected immediately after the colt crossed the wire first in the Kentucky Derby.

Counsel for Medina Spirit's trainer Bob Baffert and owner Zedan Stables filed a civil suit against the Kentucky Horse Racing Commission on June 7 demanding their right to test the split urine sample, which sat undisturbed in the commission's freezer. Remnants of the original biologic samples were initially sent to be tested for those ingredients, but they were reportedly damaged before arrival at the plaintiffs' choice of labs.

Judge Wingate ordered June 16 that the remaining urine sample be flown to the plaintiffs' choice of lab for testing, the New York Equine Drug Testing and Research Laboratory, that two KHRC representatives travel with the sample, and that plaintiffs fund the flight. Upon arrival, the KHRC was to retain 5 milliliters of the sample, while the remainder was to be tested for clotrimazole, gentamicin, and betamethasone valerate.

On July 14, the sample was flown to New York accompanied by Dr. Clara Fenger and Tom Huckabee, representing Baffert and Medina Spirit's owner, Amr Zedan, as well as by KHRC executive director Marc Guilfoil and equine medical director Dr. Bruce Howard.

The July 19 filing by the KHRC alleges that the urine sample was split into four milliliter and 19 milliliter segments, with the New York lab to retain the larger segment for testing. Program director Dr. George Maylin attempted to then retain the remnants of the original urine sample, which was contaminated during shipment, claiming he was unaware that the court order required those remnants be turned over to the KHRC.

When the remnants were turned over to KHRC representatives, the filing alleges that the urine tube contained only one to two milliliters of “bloody fluid,” a broken serum separator tube, and another tube with serum that had been saved — all presented at room temperature instead of frozen. Guifoil and Howard report that Dr. Maylin said most of the sample had been used up in testing, but would not indicate what testing was performed.

“We will be formally responding to the Court,” Baffert's attorney, Craig Robertson, told the Courier-Journal. “The statements contained in the KHRC's status report are inaccurate. We have intentionally had no direct communication with the New York lab, so we are unaware of any testing or the results. This will be detailed in our response.”

Read more at the Courier-Journal.

Additional stories about Baffert's Kentucky Derby positive and ensuing legal battles can be found here.

The post KHRC Alleges ‘Lack Of Candor And Contemptuous Conduct’ By New York Lab, Baffert Attorneys appeared first on Horse Racing News | Paulick Report.

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The chief change sets a limit of six overhand hits per race with no more than two strikes in succession to give the horse a chance to respond.

Jennifer Wolsing, the general counsel for the KHRC, explained prior to the vote that if necessary, jockeys may also use the whip “in a backhanded or underhanded fashion from the three-eighths pole to the finish line, which does not count [against] the use of the crop six times in the overhand fashion.”

Tapping the horse on its shoulder with the whip in the down position (and with both hands holding the reins and touching the horse's neck) will also be permitted. Showing or waving the whip without contact to the horse is also allowable.

The wrist holding the whip, however, can never go “above helmet height” prior to a strike, Wolsing added.

Violators can be punished with either a $500 minimum fine or a three-day minimum suspension. If the stewards believe that the violation is egregious or intentional, they can impose both a fine and suspension.

The KHRC's Rules Committee had voted in this latest round of proposed changes on May 3 based on input from Guild members and executives.

“We feel that this rule is a fair compromise, and is in the best interest of our industry,” Terence Meyocks, the president and chief executive officer of the Guild, said after the vote.

Meyocks added that Kentucky's new rule could be the basis for a model whip rule that gets implemented throughout North America instead of relying on the current patchwork of differing jurisdictional standards.

Although no timetable for implementation was discussed during Tuesday's meeting, KHRC executive director Marc Guilfoil told TDN last month when the regulation advanced out of the rules committee that after passage by the full KHRC board, the measure next has to be approved by the state legislature, whose leaders have indicated support for the version the commission passed on Tuesday. Guilfoil had estimated that legislative process could take up to seven or eight months.

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In addition, the penalty structure will be tweaked. As explained by Jennifer Wolsing, the general counsel for the KHRC, “The stewards would be able to impose a $500 minimum fine or a three-day minimum suspension. Or, if the stewards believe that the violation is egregious or intentional, then the stewards could impose both.”

Last June, the KHRC voted to advance extensive whip-rule changes based on a limit of six underhanded strikes per race. But that proposal ended up getting paused when it became evident to the commission that the legislature was unlikely to approve it into law.

The KHRC's Rules Committee voted in the new round of proposed changes on Monday. The full KHRC board still has to vote on the measure June 15, but there doesn't appear to be any impediment to passage, KHRC executive director Marc Guilfoil told TDN in a follow-up phone call.

The measure then would have to be approved by the state legislature, whose leaders have indicated support for this latest version. Guilfoil estimated that legislative process could take seven or eight months.

“So it should be in effect–if everything goes good, and I don't see why it wouldn't–by February of next year,” Guilfoil said.

Stakeholders who contributed to the May 3 compromise, which got hammered out over the last few weeks after being extensively debated for the past year and a half, voiced agreement that this latest version still isn't going to be ideal for everybody, but that it could end up being a good enough fit to provide a workable model for a uniform rule across all jurisdictions.

“You strive to get the perfect rule. You don't always get there,” said Guilfoil during the tele-meeting, noting that the KHRC has been working with everyone from jockeys to legislators to try and get its rule right. “I think this is something that everybody can live with…We're going to start talking to some other states, and see if we can get uniformity.”

Terence Meyocks, the president and chief executive officer of the Jockeys' Guild, told the Rules Committee his members are willing to go along with this proposal in the interest of trying to get a continent-wide rule on the books.

“Hopefully, we adopt a rule in Kentucky that could be an important first step to the adoption of a uniform riding crop rule in North America,” Meyocks said. “It's important that we remember that there was indeed compromise on behalf of both parties, the riders in the Guild and the KHRC. Having different rules in so many different various states is no good for anybody.”

The KHRC's chief state steward, Barbara Borden, said the revised penalty structure would be particularly useful moving forward.

“There are many times we struggle with the mandatory penalties that are scattered throughout our regulations and don't always give us discretion when we feel like we need it,” Borden said. “So in this instance, we're pleased with the way this is written, that we have a baseline to start with. And should a person violate a regulation over and over again, we like the penalties to escalate, particularly if it's an egregious offense or if we feel like somebody is just ignoring the regulation.”

Currently, most first-time whip-rule violations are penalized with a $250 fine, Guilfoil told TDN.

Wolsing said jockeys will be limited to “six instances of overhand use of the crop at any time. The overhand use of the crop cannot go above the rider's helmet. And the rider would not be able to use the crop in the overhand fashion more than two successive instances without giving the horse a chance to respond.”

Wolsing continued: “Backhanded or underhanded-fashion use of the crop is going to be okay from the three-eighths pole to the finish line. It will always be okay to tap the horse on the shoulder in the down position as long as both hands are on the reins and on the shoulders of the horse. And certainly showing and waving the crop in front of the horse is also okay.”

There was brief debate over why six strikes has evolved as the standard. Wolsing explained that it's important to note that in Kentucky, the state constitution bans “arbitrary and capricious actions by state governments,” so the number of hits has to be codified and can't be left up to a judgment call by the stewards.

“At some point you have to have a certain number of strikes,” Wolsing said. “This is a number that has been adopted by other jurisdictions as well. It's a very reasonable number [and a number that stakeholders arrived at by] taking into consideration what would be appropriate for the jockeys as well as the horses.”

Wolsing said she foresees no problem with the commission being able to defend that six-strike number if it ever got challenged in court.

Mike Ziegler, the senior vice president and general manager of Churchill Downs Racetrack, said during the meeting that the change represented “a good balance,” adding that, “We're not going to let 'perfect' get in the way with 'really good.'

“Let's get this thing going, turn the page, and get on to other things,” Ziegler said.

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