New Equine Anti-Doping And Medication Control Initiative Launched By BHA And IHRB

A new equine anti-doping and medication control initiative was announced by the British Horseracing Authority (BHA) and the Irish Horseracing Regulatory Board (IHRB) on Thursday. The initiative underpins their commitment to the regulation of medicine use and zero tolerance of doping in horse racing on both sides of the Irish Sea.

The IHRB and BHA are now formally conducting joint out-of-competition-testing operations across both jurisdictions. These inspections started this week with almost 250 samples taken from more than 120 horses that are entered for the upcoming Cheltenham Festival in an operation across 14 training premises in Ireland over the last two days.

In Ireland, the organisations will work together and operate under IHRB Standard Operating Procedures, and all samples will be considered as IHRB samples. BHA protocols will be in effect when the BHA and IHRB are working together in the UK, and they will be under BHA jurisdiction. In both instances, there will be transparent exchange of any adverse results or screening findings that arise from these tests, with all samples being tested by LGC Laboratory, one of six laboratories worldwide which is recognised as a referenced laboratory by the International Federation of Horseracing Authorities (IFHA).

Dr Lynn Hillyer, chief veterinary officer for the IHRB, said, “The IHRB Strategy 2024-2027 commits us to close engagement with international horseracing bodies and benchmarking ourselves against best international practice. This new venture shows stakeholders and the racing public that we collaborate as professionals across both sides of the Irish Sea, sharing best practice and resources and demonstrating equally stringent regulatory processes and standards to the extent that our anti-doping and medication control programmes are interoperable.”

James Given, director of Equine Regulation, Safety and Welfare, said, “Not only will our Medication Control and Anti-Doping (MCAD) team have access to more information about visiting horses, but there will be opportunities for our wider team to share ideas and best practice in other areas of our work.”

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Q&A: HISA’s Anti-Doping and Medication Control Program

The Horseracing Integrity and Safety Act's (HISA) drug control program has encountered some choppy waters since its launch on May 22, encapsulated by events surrounding the law's rules on intra-articular joint injections.

At the end of last month, HISA CEO Lisa Lazarus explained that the Authority–the non-profit umbrella broadly overseeing implementation of the federal law–had temporarily suspended full enforcement of its rules surrounding intra-articular joint injections prior to workouts.

Under HISA's rules as written, trainers are prohibited from giving their horse intra-articular joint injections within 14 days prior to the post-time of a race, and within seven days prior to any timed and reported workout. A violation of these rules could result in a 60-day suspension for the trainer.

According to an announcement dated June 26, the prohibition of such injections within seven days prior to a workout shall be enforced only by making the horse ineligible to race for a period of 30 days. This temporary measure will last until July 15, 2023. HISA had also issued a bulletin to stakeholders on June 23 stating the new policy.

The decision was made, explained Lazarus, because of general confusion surrounding the rules among horsemen. Between 15 and 20 trainers had breached the rule surrounding intra-articular joint injections prior to a workout.

Lazarus said that the names of the suspended horses would be publicly issued. But when pressed by the TDN, the Horseracing Integrity and Welfare Unit–which implements HISA's anti-doping and medication control (ADMC) program–initially responded that the names of these horses would not be made public.

On Friday, HIWU reversed course and issued the names of the horses in question. The list shows that nine of the horses in question had competed during the period of their 30-day ineligibility to race. Three had won. The 30-day ineligibility to race was made for the welfare of the horse, Lazarus had initially explained.

Because of various questions raised over this episode, as well as other issues raised by readers over the past few weeks, the TDN has decided to maintain a Q&A surrounding the rollout of HISA's anti-doping and medication control program. The answers to the questions come from representatives from either HISA or HIWU.

Over the next few days and weeks, this Q&A will be updated as more questions are fielded, and as the TDN receives answers from HISA and HIWU.

 

TDN: How much does a split sample cost?

The cost of a split sample to test for a Banned Substance is $2,000. The cost of a split sample to test for a Controlled Medication is $1,200.

 

TDN: Why does it cost substantially more than had typically been the case for a split sample?

Fees were negotiated with the laboratories to ensure expedited reporting timelines and uniformity in testing standards.

 

TDN: In instances of a provisional hearing after a positive finding for a banned substance (and before the full hearing before an arbitral body of 1-3 persons): Who specifically arbitrates that hearing? And where is that hearing held?

The Provisional Hearings are arbitrated by a member of the Arbitral Body, which is selected by JAMS. The hearing may be held by phone/video conference call.

 

TDN: How much does the provisional hearing cost?

The cost depends upon the time required by the arbitrator. The Covered Person does not pay any of the costs up front and has the option to request that HISA/HIWU cover the full cost rather than splitting them with the Covered Person.

 

TDN: What is the timing of that hearing? Does HIWU always wait for the split sample to be returned before holding that hearing, for example?

Timing depends on how quickly an arbitrator can be cleared of conflicts and schedules with all parties can be coordinated. HIWU does not wait for the B sample (split sample) to come back before holding the hearing.

 

TDN: What happens when a trainer is provisionally suspended? Can that trainer's horses be transferred to the trainer's  assistant? Or are horses required to be transferred to a person unconnected with the stable? Does the numeral size of a barn have any bearing on this decision?

When a trainer is Provisionally Suspended, they may not participate in any activity involving Covered Horses as well as any activity taking place at a racetrack or training facility. This means that the Covered Person cannot be involved in any direct care or conditioning of their Covered Horses.

However, the Covered Person can make arrangements for other individuals to oversee the care, wellbeing, and training of their Covered Horses. Trainers subject to Provisional Suspensions are not required to formally transfer their Covered Horses to another trainer via the HISA portal unless they want the horses to be eligible to participate in Timed and Reported Workouts and/or Covered Horseraces.

Regardless of the transfer status in the HISA portal, a Provisionally Suspended Covered Person may not oversee the daily care of their horses.

During a Provisional Suspension, horses cannot be transferred to the trainer's assistant(s). Transfer requirements are applicable regardless of the stable's size.

 

TDN: In regards claimed horses that have a subsequent post-race positive: Who pays for the split sample? The owner of the horse before it was claimed? Or the new owner who claimed the horse?

The owner of the horse before it was claimed.

 

TDN: If the horse in question runs back and wins before the test results come back, would that win result in an automatic DQ?

No, assuming all samples collected in connection with that race are negative.

 

TDN: If the horse in question runs back and wins before the test results come back, and fails a post-race test for the same substance, would the previous trainer or the new trainer be held liable?

This would depend on the specific circumstances of the case (e.g., dates of races, substance(s) detected).

 

TDN: HISA CEO Lisa Lazarus initially explained that the 15-20 horses that had been administered an intra-articular joint injection too close to a workout (and which were made ineligible to race for 30 days) would be made public by HIWU. When TDN asked HIWU about this public disclosure, the organization initially stated that these horses would not be made public. HIWU has since changed its mind. What was the reason for the initial confusion? And why did HIWU change course?

Since no violation was being enforced against the trainers of these horses, HIWU was not and is not required to disclose the names of the horses affected. Notices of potential violations are not considered proven or adjudicated violations.

However, HIWU ultimately disclosed the names and will continue to do so in the name of transparency and at the request of HISA.

 

TDN: How did HIWU/HISA land upon this 30-day ineligibility to race when the stand down period for intra-articular joint injections before a race is 14-days?

The rules (4320) state that Covered Horses who breezed less than seven days or raced less than 14 days after an IA joint injection become ineligible to race or breeze for one month following the date of the injection(s).

TDN: How was it that horses on the list who were supposedly ineligible to race actually ran? Who at HISA or HIWU was responsible for this lapse? Will responsible parties face any consequences?

Furthermore, of these 15-20 horses that violated the intra-articular workout rule (and made ineligible to race for 30 days) will you take any actions regarding those horses who subsequently ran during the period of their suspension?

HIWU had not anticipated the large volume of violations related to this rule and given the newness of the ADMC program HIWU processed and notified the cases as quickly as they could. The horsemen continued to train and race their horses prior to receiving any notification, therefore they will not receive any penalties.

HISA is reviewing the rule and procedures and will make an announcement prior to July 15 on the status of the rule and related procedures subsequent to July 15. Additionally, there were numerous other potential ADMC violations that needed to be investigated and/or processed, creating a much larger than expected workload. HISA and HIWU's top priority is the safety and welfare of each horse and measures have been taken to address these operational concerns.

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HISA’s Anti-Doping And Medication Control Panel Members Revealed

Edited Press Release

The individuals who will comprise the Internal Adjudication Panel (IAP), which will hear Controlled Medication Rule Violation Cases under HISA's Anti-Doping and Medication Control (ADMC) Program, were announced Friday by HISA and HIWU.

IAP members, who will serve for 4-year terms as independent contractors to both HISA and HIWU, were selected for their deep equine regulatory experience. State stewards will be prohibited from participating in cases originating in their state of employment. All members of the panel will receive training on HISA's adjudication processes under the ADMC Program before they can hear cases and must complete continuing education on an annual basis to maintain their eligibility to serve.

“We are excited by the group we have assembled to hear Controlled Medication Rule Violation cases, which we expect to be the most common types of cases under the ADMC Program,” said Ben Mosier, HIWU's executive director. “With their extensive and diverse experiences in equine regulation, we are confident that they will act fairly and consistently during the adjudication process.”

“The Internal Adjudication Panel will play a significant role in the enforcement of the ADMC Program given HISA's distinction between medication overages and doping violations for the first time in our sport,” said HISA CEO Lisa Lazarus. “As such, I'm thrilled by the depth of knowledge and expertise each individual who has agreed to serve on the panel will bring to our adjudication processes, benefitting the entire racing community.”

The members of the IAP are as follows, with their “prohibited states” in relation to hearing cases included in parentheses where applicable:

Rick Abbott (PA)–chairs the Appeal and Review Committee of the National Steeplechase Association and was a member of the Pennsylvania State Horse Racing Commission from 1996 to 2009.

Eddie Arroyo (IL)–served as the senior state steward representing the Illinois Racing Board for 32 years.

Lisa Blackstone-current vice president of the Arabian Horse Association, chair of the United States Equestrian Federation's (USEF) Ethics Committee, and co-chair of USEF's Hearing Committee.

Barbara Borden (KY)–appointed chief steward for the Kentucky Horse Racing Commission in April 2012.

Patricia Bowman (IN)–currently a state steward with the Indiana Horse Racing Commission.

Lori Dinoto (OH)–works as a steward at both Mahoning Valley Race Course and Thistledown.

Connie Estes (NM)–deputy director of operations at the Texas Racing Commission and worked for the New Mexico Racing Commission as a state steward and for the Breeders' Cup as a safety steward.

Hilary Forde–director of HF Consult Sports Law and currently serves as a tribunal clerk for the International Federation for Equestrian Sports (FEI).

John Herbuveaux (CA)–steward for the California Horse Racing Board since 1983.

Duncan Patterson (DE)–currently chairman of the Delaware Thoroughbred Racing Commission, chairman of the Drug Testing Standards and Practices Committee for the Association of Racing Commissioners International (ARCI), and a member of the Stewards Advisory Committee for the NSA.

Diane Pitts–currently on the board of directors for the USEF and was reelected to a second term as a member of the Tribunal of the FEI.

Erika Riedl–was a clerk for the Tribunal of the FEI and is a Centre for Effective Dispute Resolution-accredited mediator.

Kim Sawyer (CA)–accredited as a steward since 1999 and employed by the California Horse Racing Board since 2005.

Eric Smith (IN–a ROAP Level I-accredited flat racing steward and currently the senior state steward for the Indiana Horse Racing Commission.

Edward Weiss (CA)–has been a litigator in private practice, an assistant U.S. attorney, and general counsel of Ticketmaster.

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Blue-Ribbon Nominating Committee Formed To Select Horseracing Integrity and Safety Authority Board Members

Supporters of the Horseracing Integrity and Safety Act (HISA) announced today the formation of a blue-ribbon nominating committee that will be responsible for selecting members of the board of directors of the HISA Authority as well as members of its two standing committees: Anti-doping and Medication Control, and Racetrack Safety.

The nominating committee was established through the collective efforts of leading Thoroughbred industry stakeholders, including Breeders' Cup, Churchill Downs Incorporated, Keeneland Association, and The Jockey Club. It is composed of seven independent members with diverse backgrounds: Len Coleman (co-chair), Dr. Nancy Cox (co-chair), Katrina Adams, Dr. Jerry Black, Gen. Joseph Dunford, Frank Keating, and Ken Schanzer.

The board of directors will consist of nine members, five of whom will be selected from outside the equine industry. Four members will be selected as representatives of various equine constituencies.

“The HISA will ensure that Thoroughbred racing is conducted with the highest integrity and safety standards under the aegis of the bill's established authority,” stated Co-Chair Coleman. “With this goal in mind, the aggregate expertise of the board of the authority and its standing committees must span a wide range of areas from equine health and track management to regulation and lab testing standards.”

“The nominating committee recognizes our responsibility to select the most qualified and dedicated individuals to comprise the board of the authority and its standing committees,” said Co-Chair Cox. “We are committed to this critical task and to the betterment of racing.”

 

The seven members of the nominating committee bring their own unique expertise and experiences to the role:

  • Len Coleman (co-chair) is the former president of the National League of Professional Baseball Clubs. Coleman joined Major League Baseball in 1992 as the executive director of market development. Previously, Coleman was a municipal finance banker for Kidder, Peabody & Company and served as commissioner of both the New Jersey Department of Community Affairs and Department of Energy.
  • Dr. Nancy Cox (co-chair) is the vice president for Land Grant Engagement and the dean of the College of Agriculture, Food and Environment at the University of Kentucky. Prior to that, she served as associate dean for Research and director of the Experiment Station at the university. Cox championed the formation of the UK Equine Initiative (now UK Ag Equine Programs), recognizing the importance of the horse industry and its significance to Kentucky.
  • Katrina Adams is the immediate past president of the United States Tennis Association (USTA), following two consecutive terms as the USTA's chairman and president. A successful professional tennis player, Adams was elected vice president of the International Tennis Federation in 2015 and was appointed as chairman of the Fed Cup Committee in 2016.
  • Dr. Jerry Black is a visiting professor at Texas Tech School of Veterinary Medicine and is an emeritus professor and Wagonhound Land and Livestock chair in Equine Sciences at Colorado State University. He is the former president of the American Association of Equine Practitioners and former chair of the board of trustees of the American Horse Council.
  • Gen. Joseph Dunford is the former chairman of the Joint Chiefs of Staff, the nation's highest-ranking military officer, and was the principal military advisor to the president, Secretary of Defense, and National Security Council from Oct. 1, 2015, through Sept. 30, 2019. Prior to becoming chairman, General Dunford served as the 36th Commandant of the Marine Corps.
  • Frank Keating is the former governor of Oklahoma. Prior to that role, his career in law enforcement and public service included time as a Federal Bureau of Investigation agent, U.S. Attorney and state prosecutor, and Oklahoma House and Senate member. He served as assistant secretary of the U.S. Treasury, associate U.S. attorney general, and general counsel for the U.S. Department of Housing and Urban Development.
  • Ken Schanzer served as president of NBC Sports from June 1998 until his retirement in September 2011. He also served as chief operating officer. During Schanzer's tenure, he secured the television rights to the Triple Crown races and Breeders' Cup for NBC. Before joining NBC Sports, he served as senior vice president of government relations for the National Association of Broadcasters.

The next order of business for the nominating committee is to develop a list of candidates to comprise the board of the HISA Authority and its standing committees. The board will solicit input from equine constituencies, and interested parties who would like to suggest recommendations may do so at horseintegrityandsafety@gmail.com.

The HISA, introduced by Senate Majority Leader Mitch McConnell (R-KY) and U.S. Senators Kirsten Gillibrand (D-NY), Martha McSally (R-AZ), and Dianne Feinstein (D-CA) on September 9, 2020, will focus on the integrity of Thoroughbred horse racing and the safety of Thoroughbred racehorses and jockeys by requiring national, uniform safety standards that include anti-doping and medication control and racetrack safety programs. Identical legislation was introduced in the U.S. House of Representatives by U.S. Congressmen Andy Barr (KY-06) and Paul Tonko (NY-20). It was passed in the House on September 29, 2020.

The HISA Authority will be an independent, non-governmental regulatory body, run by an independent board, responsible for improving current regulations and bringing a new level of transparency to Thoroughbred horse racing.

The Anti-Doping and Medication Control standing committee and the Racetrack Safety standing committee will each be composed of seven members. For both committees, the majority of the members will be independent and selected from outside the equine industry. A minority will be industry members selected to represent the various equine constituencies.

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