The 47-page report was made public via press release by the Kentucky Public Protection Cabinet early on the Friday evening of the long Memorial Day holiday weekend. Its issuance comes 765 days after Medina Spirit crossed the finish wire first in the 147th Derby but subsequently tested positive for betamethasone in a KHRC post-race drug screening.

The recommendation, which must be considered and voted upon by the full KHRC board at a later date, upholds Medina Spirit's DQ, a 90-day suspension that Baffert has already served but wanted expunged from his record, and a $7,500 fine imposed upon the Hall-of-Fame trainer. Acceptance of the report's findings by the KHRC would affirm Mandaloun (Into Mischief) as the official winner of the 2021 Derby.

“The Hearing Officer finds and concludes that the KHRC has shown that the stewards' decision was made on reliable, substantive evidence that the horse, Medina Spirit, was administered and carried the prohibited substance, betamethasone,” hearing officer Eden Stephens wrote.

“The plain language of the KHRC's betamethasone regulations is clear: betamethasone is prohibited in a post-race sample,” Stephens wrote.

The debate over whether or not Medina Spirit's betamethasone finding was the result of an injection or the application of an ointment to treat a skin condition had been a focal point of testimony during six days of appeal hearings in August 2022.

“Parties agree the KHRC has the burden of proof but differ framing the question of what needs to be proven,” Stephens wrote. “KHRC argues it must establish a prima facie case that Medina Spirit [tested positive for a prohibited drug]. Appellants believe this case is solely premised on whether the use of a topical ointment, Otomax, for a clinically diagnosed skin infection on a racehorse, constitutes a violation of any clearly expressed and unambiguous rule…” Stephens wrote.

“At the running of the 147th Kentucky Derby on May 1, 2021, no KHRC regulation set forth an 'established concentration level' under which betamethasone is allowed in a post-race sample. Therefore, a laboratory finding of betamethasone in a post-race sample establishes a prima facie case that a trainer violated the KHRC's medication regulations,” Stephens wrote.

“Appellants contend that 810 KAR 8:010 Section 4 permits the administration of betamethasone ointment; therefore, a betamethasone positive arising due to an ointment administration is not a violation. This interpretation improperly conflates the KHRC's regulations governing medication administration with the regulations governing medication levels in post-race samples,” Stephens wrote.

“The KHRC's regulations do not state that any route of administration excuses a post-race betamethasone positive,” Stephens wrote.

“Additionally, the KHRC has a longstanding, uninterrupted history of treating all medications without thresholds as limit-of-detection medications and of finding that the administration route leading to a medication positive is irrelevant,” Stephens wrote.

“Betamethasone is a Class C drug. Its presence in a horse's post-race sample is prohibited by the KHRC, regardless of method of administration. Betamethasone has the potential to influence performance, as well as health and safety, in equine athletes,” Stephens wrote.

“Finally, the Stewards' Rulings in this case were restrained and reasonable. The stewards could have imposed a five-year suspension and $50,000 fine. Instead, they suspended Mr. Baffert for 90 days and fined him $7,500,” Stephens wrote.

The press release outlined the next steps in the process.

“Both parties can file exceptions to the recommended order should either party believe the hearing officer made an incorrect finding of fact or conclusion of law. The matter will then be referred to the KHRC to issue a Final Order,” the release stated.

“A Final Order may be appealed to Circuit Court within 30 days of issuance of the Final Order.  If no appeal is filed within 30 days, the case will end,” the release stated.

A Saturday morning voicemail message seeking comment from Baffert's attorney, Clark Brewster, did not yield a reply prior to deadline for this story.

The post Hearing Officer Affirms Medina Spirit Derby DQ And Baffert Penalties appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

New and enhanced anti-doping regulations took effect in U.S. Thoroughbred horse racing Monday following the Federal Trade Commission's approval of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program.

HISA's ADMC Program, administered by the Horseracing Integrity & Welfare Unit (HIWU), brings all testing and results management under one national authority, standardizes the categories of substances laboratories test for and institutes clear and consistent penalties for violations.

In its authority as the independent administrator of the ADMC Program, HIWU is introducing to the sport a new paperless sample collection system, strategic out-of-competition testing nationwide and centralized adjudication processes to facilitate swift rulings.

“Having a uniform anti-doping program in place for the first time ever will be a game changer for American horse racing,” said HISA CEO Lisa Lazarus. “HISA's ADMC Program is the modern, rigorous yet fair regulatory framework the sport deserves. Its rules, philosophical approach and professional implementation will help ensure the integrity of the competition and demonstrate the seriousness of the industry's commitment to equine welfare.”

HIWU is led by Executive Director Ben Mosier. Among other members of HIWU's leadership team are experts with decades of experience working in anti-doping, including in Thoroughbred racing, as well as in federal law enforcement.

“The HIWU team is proud to partner with HISA in the administration of the ADMC Program, which represents a major advancement in how the sport governs anti-doping enforcement,” said Mosier. “HIWU has been working with state racing commissions and racing participants for months to educate all the sport's stakeholders on the new rules, including through in-person and virtual presentations and the library of resources on our website. I am grateful to all who are working with us, particularly the local sample collection personnel, laboratories and other officials operating under the new uniform procedures now in place.”

The ADMC Program's Prohibited Substances List is divided into two categories: 1) Banned Substances that are never permitted in a horse and 2) Controlled Medications that are permitted outside specified periods. Horses will now be tested for these substances following races as well as outside competition windows through an intelligence-based testing system developed by HIWU. The ADMC Program incorporates internationally recognized standards set by organizations including the Association of Racing Commissioners International (ARCI), World Anti-Doping Agency (WADA) and Federation Equestre Internationale (FEI).

The Horseracing Integrity and Safety Act, passed into federal law by a bipartisan act of Congress, grants HISA jurisdiction over all Thoroughbred horse races in the U.S. that are the subject of interstate off-track or advance deposit wagers.

The ADMC Program is the second of HISA's two regulatory programs to be implemented. HISA's Racetrack Safety Program, which established uniform operational safety rules and racetrack accreditation standards, took effect upon receiving approval from the FTC on July 1, 2022.

National HBPA Statement in Response to ADMC Rules Approval

The National Horsemen's Benevolent and Protective Association released a statement in response to the FTC's approval the Anti-Doping and Medication Control rules, while also committing to filing a motion to stop the rules from going into effect.

“The Authority is barreling forward to implement HISA, and the FTC is enabling it by rubber-stamping another set of seriously flawed rules,” said National HBPA President Doug Daniels, DVM. “Industry concerns must be taken into account, and we believe no one at the FTC is listening. That's why the Fifth Circuit Court of Appeals ruled HISA unconstitutional in our lawsuit. Without our efforts, I fear for our future. Today, we plan to file a motion with the Northern District of Texas court asking the judge immediately to stop these rules from going into effect.”

The post FTC Approves HISA’s Anti-Doping And Medication Rule appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

But with it has come this other question: What do buyers now need to be aware of when purchasing a horse at the sales or privately?

The question has gained added currency since a recent the Southern California horsemen by representatives from the Horseracing Integrity & Welfare Unit (HIWU), the arm of HISA charged with rolling-out and managing its anti-doping and medication control (ADMC) program.

At that presentation, Mary Scollay, HIWU's chief of science, explained that under the new medication regime, bisphosophonates–a controversial group of drugs used in older horses to tackle issues like navicular disease but also used in younger horses to treat things like sore shins–will be banned from administration in what HISA terms “covered horses.”

(It should be noted that a Thoroughbred becomes a “covered horse” only when it completes its first officially timed and published workout)

“My last two weeks has pretty much been a deep dive into bisphosphonates and how to navigate this stuff,” said Joe Miller, a racing manager and bloodstock advisor, who leans heavily on Europe when scouting for new talent destined for the U.S.

“I actually skipped going to the OBS March sale because I'm so focused on how we're going to be moving forward in navigating these purchases,” Miller added.

For all sorts of reasons, bisphosphonates pose a slippery set of problems for regulators and horsemen alike. Once administered, they can stay in a horse's system for years. Horses given a bisphosphonate won't necessarily test positive for the drug consistently over time either, with a positive finding more likely during periods of bone remodeling, which would release the drug into the horse's system.

Punitive consequences for a positive bisphosphonate finding can be steep. A trainer faces a possible two-year suspension for a first-time bisphosphonate violation, while the horse could be subject to lifetime ineligibility from competition.

Joe Miller | Tattersalls

HIWU published a notice to the industry on March 10 regarding the use of bisphosphonates under the ADMC program, explaining how only proven administration of a bisphosphonate to a covered horse after the March 27th implementation date would be deemed an actionable violation.      Furthermore, HIWU explained that it would not pursue disciplinary action for a positive bisphosphonate finding against a covered horse and its connections, provided those connections can share with HIWU documentation–such as medical records or a positive test result–proving administration or presence of bisphosphonates prior to the ADMC program implementation date.

“In accordance with HISA's requirements for Covered Horses, all medical records, including any relevant test results, must be uploaded to the HISA portal. Additionally, due to the variability of bisphosphonate detection through laboratory analysis, all bisphosphonate findings detected under the ADMC Program will undergo thorough review regardless of the alleged timing of administration,” the notice added.

This still leaves some worrying holes for trainers and owners to potentially fall through.

A fear among buyers is that because of the longevity with which bisphosphonates can stay in the system, a recently purchased horse administered bisphosphonates prior to the ADMC launch date–and unbeknownst to the new connections–could still land them in regulatory hot water.

Furthermore, buyers like Miller are concerned about purchasing horses from international jurisdictions where bisphosphonates are still permitted.

“Since private sales are subject to individual contracts, it is up to the buyer and seller to formalize provisions for bisphosphonates testing and conditions of sale to protect all parties,” wrote Scollay, in response to a list of questions.

Miller hasn't made any international purchases since last October, he said, but he expects that to change in the next few weeks. When Miller does once again plunder foreign shores, “we can definitely do a blood screen for Osphos and Tildren,” he said, singling out two of the more commonly-used bisphosphonates. “I'm hoping we can do a urine screening as well.”

Indeed, urine samples are deemed more accurate than blood screens at detecting bisphosphonates administered longer in advance due to typically higher concentrations in urine of most substances than in the blood.

Though HIWU has stated it will conduct a thorough review in the event of a bisphosphonate positive, “If you come up with a trace amount of bisphosphonate in a post-race urine sample, how is that going to be dealt with?” asked Miller. “Is a horse going to be able to compete while the review is being conducted?”

According to HIWU spokesperson, Alexa Ravit, “HIWU will not just automatically issue a suspension for a Covered Horse or Covered Person upon receiving a positive finding for bisphosphonates.”

Fasig-Tipton is one of the major U.S. sales companies to have taken steps in recent years to limit drug use in the horses that pass through their rings, including offering bisphosphonate testing as a condition of sale for horses younger than four.

If the sale horse tests positive for bisphosphonates, a buyer has the right, within 24 hours of notification, to rescind the sale. In Fasig-Tipton's case, a bisphosphonates test costs $500.

“As with all these drug tests that have come along, it's usually because there has been a shift in the market,” said Bayne Welker, executive vice president of Fasig-Tipton. “That's usually what drives us to make these offerings.”

And as a result of HISA, “I'll probably take the limitations off of the racing age horses,” explained Welker, pointing to the condition of sale bisphosphonate test.

Indeed, Scollay stressed how “buyers should consult sales companies, as applicable, to verify the bisphosphonates testing available as well as the conditions of sale should a purchased horse test positive for bisphosphonates.”

Which leads to concerns over the use of other potentially problematic drugs, especially in horses-in-training purchases.

Major sales companies have moved in recent years to restrict the use in sales horses of non-steroidal anti-inflammatory drugs (NSAIDs), corticosteroids and bronchodilators, including Clenbuterol. Welker explained that HISA's new ADMC program won't change what condition of sale tests Fasig-Tipton offers for these particular substances.

Perhaps the biggest concern, explained Scollay, would be if the horse has been administered a banned substance that may linger in the horse for an extended period and show up in testing conducted under HISA, with anabolic steroids singled out for concern alongside bisphosphonates.

Scollay recommends that both buyers and sellers refer to HIWU's “Banned List,” which are the substances not permitted to be in a horse at any time once it falls under HISA's jurisdiction.

According to Miller, none of the drugs listed on HIWU's banned substances list cause him particular concern. “I only buy horses off people that we trust,” he said.

Furthermore, Miller said he will continue his current practice of performing a full blood screening of a horse pre-purchase.

Dr. Mary Scollay | The Jockey Club

“We typically test for steroids, any non-steroidal anti-inflammatories,” said Miller. “We just want to make sure when we do a soundness exam on a horse, we want to make sure they haven't been given anything.”

In regards private testing, however, there is an important distinction for stakeholders moving forward.

HIWU has contracted six labs around the country to conduct its testing program:

The Ohio Department of Agriculture's Analytical Toxicology Laboratory; the Animal Forensic Toxicology Laboratory at the University of Illinois-Chicago; Industrial Laboratories in Denver, Colo.; Kenneth L. Maddy Equine Analytical Chemistry Laboratory at the University of California-Davis; Pennsylvania Department of Agriculture's Pennsylvania Equine Toxicology and Research Laboratory; and University of Kentucky Equine Analytical Chemistry Laboratory.

Trainers and owners can ask HIWU to conduct clearance testing on a horse–for a fee–provided there is a reported administration history of a particular substance. Clearance testing though HIWU will be conducted at these six labs.

But these same HIWU-affiliated labs are prohibited by contract from testing any covered racehorses from private clients, explained Jeff Blea, California Horse Racing Board equine medical director.

And does Blea have any broader advice for industry stakeholders looking to close a sale after Monday?

“Any purchase of a horse as a buyer, you should have a conversation with your veterinarian as to what your concerns are and what your risk tolerance is relative to drug testing as a condition of sale,” Blea replied.

The post Horse Sales And HISA, The Overlap appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The post HISA Issues Updated Withdrawal Guidance For Phenylbutazone appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The intention is for the RMTC to provide the industry with scientifically derived information to aid attending veterinarians and horsemen in making medication decisions and to avoid preventable errors, promote compliance with HISA's regulations, and provide all available information in advance of HISA's expected ADMC implementation date of March 27.

The post RMTC Completes Analysis Of HISA Withdrawal Guidance appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

In advance of the anticipated effective date of HISA's Anti-Doping and Medication Control (ADMC) Program March 27, the Horseracing Integrity & Welfare Unit (HIWU) calls the Thoroughbred industry's attention to regulations regarding the presence and use of bisphosphonates in covered horses.

Bisphosphonates are a class of medication prescribed for managing clinical signs associated with navicular syndrome in horses 4-years-old or above. They also have a history of extra-label use in younger horses. Bisphosphonates may be detected in samples from treated horses for months to years after administration.

The ADMC Program regulations categorize bisphosphonates as a Banned Substance, meaning that they are prohibited from being administered to, or present in, covered horses at any time. Covered horses that test positive for bisphosphonates under the ADMC Program are subject to lifetime ineligibility, and associated covered persons may incur an Anti-Doping Rule Violation.

Given the prolonged detection period for bisphosphonates and the fact that their use is permitted in other racing jurisdictions internationally:

HIWU will not pursue disciplinary action against covered horses or their associated covered person(s) for the presence of bisphosphonates if the covered person(s) can provide documentation (e.g., medical records or a positive test result) to HIWU of the administration or presence of bisphosphonates prior to the implementation date of the ADMC Program. In accordance with HISA's requirements for covered horses, all medical records, including any relevant test results, must be uploaded to the HISA portal. Additionally, due to the variability of bisphosphonate detection through laboratory analysis, all bisphosphonate findings detected under the ADMC Program will undergo thorough review regardless of the alleged timing of administration.

If owners or horsemen have concerns that their horses may have been administered bisphosphonates prior to March 27, including prior to a sale at public auction domestically or internationally, HISA and HIWU advise them to consider bisphosphonate screenings for these horses before the ADMC Program takes effect.

The Horseracing Integrity and Safety Act does not enable HISA's ADMC Program to be enforced retroactively for actions occurring prior to its implementation. The detection of administrations from prior to March 27 that violate respective state rules in effect during that time period will be referred to the relevant state regulatory authorities.

While bisphosphonates continue to be permitted in Thoroughbred racehorses in international jurisdictions, any covered horse proven to have been administered bisphosphonates after the March 27 implementation date will be subject to lifetime ineligibility, and associated covered persons may incur an Anti-Doping Rule Violation.

For questions about the use of bisphosphonates and other substances on the ADMC Prohibited List, stakeholders are encouraged to visit here and reach out to HIWU Chief of Science Dr. Mary Scollay at mscollay@hiwu.org.

The post HISA Issues Notice On Use Of Bisphosphonates appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

“This has nothing to do with wanting uniform rules or having a central rule-making authority, two things the ARCI supports,” said Ed Martin, ARCI President. “This all has to do with avoiding a situation where an enforcement action is overturned because the authority of the enforcing entity to act is in question. The potential exposure to the entire sport is avoided by leaving the existing state rules and enforcement in place until this gets sorted out.”

The ARCI Board voted unanimously to make a similar request in early December and the FTC shortly thereafter rejected the proposed HISA rules without prejudice citing reasons of the underlying legal uncertainty. With the Fifth Circuit Court's rejection earlier this week of HISA's petition based on changes made recently to the Act, the potential for regulatory chaos remains.

The filing made today reads as follows:

“ARCI requests that the FTC yet again reject the Rules or, at the very least, withhold decision until all legal challenges to the Act are finally adjudicated. As you might know, in addition to the federal court case that led to the Fifth Circuit's ruling, other litigations raising material questions about the legitimacy and constitutionality of the Act remain pending. Moreover, after HISA resubmitted the proposed Rules, the Fifth Circuit denied HISA and the FTC's petition to vacate the court's earlier ruling and for a rehearing, meaning two important things: (1) by mandate of the Fifth Circuit, the preliminary injunction prohibiting HISA enforcement in states within the Fifth Circuit will return to full effect and no longer be stayed; and (2) the Fifth Circuit's decision that the Act is unconstitutional will stand for the time being.

Once again, the FTC is in a unique position to restore some level of regulatory certainty to the horse-racing industry. It should do so by quickly and publicly announcing what it already determined a few weeks ago–that it will not approve HISA's proposed rules at this time. A decision to the contrary would come at too great a cost, as it would lead to regulatory uncertainty, exacerbate existing confusion throughout the horse-racing industry, and seriously compromise public interests.”

Should the FTC approve the HISA rules and penalties were imposed for a violation of those rules, the action could be appealed and potentially overturned and wiped away due to the finding in the Fifth Circuit that HISA is unconstitutional.

Likewise if a racing commission enforces the existing State anti-doping rule and penalties imposed for a violation are appealed using the argument that the federal rule preempts state action the possibility that it can be overturned also exists.

The only way to avoid this Catch-22 is to leave state rules and enforcement in place by delaying final action on the HISA ADMC rules.

The ARCI has not taken a position on the pending litigation, although some member states have and are litigating the constitutionality of the Act. In August, Martin called for HISA to sit down with all litigants and negotiate a way out. That did not happen.

The post Statement On HISA’s Anti-Doping Rules From ARCI appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

“We cannot have a situation where an enforcement action is overturned because the authority of the enforcing entity to act is in question,” said Ed Martin, ARCI President. “The only way to avoid that is to delay approval of HISA rules leaving existing state rules and enforcement in place for the time being. The choice for the FTC is clear, state rules are better than no rules during this time of legal uncertainty. To approve them now with this legal uncertainty is an invitation to cheaters that you might get a free ride during the first 10 days in January, if not longer.”

The ARCI release also states: “Should the FTC approve the HISA rules and penalties were imposed for a violation of those rules the action could be appealed and potentially overturned and wiped away due to the finding in the Fifth Circuit that HISA is unconstitutional.

Likewise if a racing commission enforces the existing State anti-doping rule and penalties imposed for a violation are appealed using the argument that the federal rule preempts state action the possibility that it can be overturned also exists.

The only way to avoid this Catch-22 is to leave state rules and enforcement in place by delaying final action on the HISA ADMC rules.”

The ARCI has not taken a position on the pending litigation, although some member states have and are litigating the constitutionality of the Act.

The post ARCI Asks FTC to Delay HISA’s Proposed Medication Rules appeared first on TDN | Thoroughbred Daily News | Horse Racing News, Results and Video | Thoroughbred Breeding and Auctions.

Source of original post

The post Pros And Cons Of Antibiotic Injections In Equine Joints appeared first on Horse Racing News | Paulick Report.

Source of original post

The original complaint was filed on Oct. 22, stating that investigators received a tip that a horse from O'Neill's barn that had already been entered in a race may have received illegal medication. Investigators at Los Alamitos inspected the barn on July 5 and discovered the unidentified horse did not have a sign on its stall door indicating it was running within the next 24 hours.

Assistant trainer Sabas Rivera told investigators he had treated the horse the previous day with oral pastes called Bleeder Shield and Un-Lock, which meant they had been treated within 24 hours of race time.

The post Doug O’Neill Fined $5,000 In Settlement Agreement With CHRB appeared first on Horse Racing News | Paulick Report.

Source of original post