New York To Begin Testing For Bisphosphonates Oct. 26; Penalties Include $25,000 Fine, Loss Of License

An advisory from the office of the New York State Gaming Commission's Equine Medical Director was disseminated on Monday:

As of Oct. 26, 2021, the New York Drug Testing and Research Program will commence testing of biologic samples for the presence of bisphosphonates. Absent written Commission approval of a valid Therapeutic Use Exemption, detection of bisphosphonate compounds in biologic samples obtained from 2-year-old and 3-year-old Thoroughbred racehorses will be considered by the Commission to be evidence of a violation of 9 NYCRR 4043.12(c) for which a fine of $25,000 and loss of occupational license may be imposed.

Horses testing positive for bisphosphonates will not be permitted to race until such time as they are re-tested and found to be clear of bisphosphonate compounds.

Background

On March 28, 2019, the Office of the Equine Medical Director issued two advisories regarding the use of bisphosphonates. The first advisory recommended that no bisphosphonate be administered to a racehorse that is less than four years old.

The second advisory warned that Thoroughbred horse owners, trainers, and/or veterinarians had a responsibility to guard against an impermissible administration of a bisphosphonate to a racehorse under potential penalty.

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View From The Eighth Pole: Of Rulings And Squeaky Clean Racing

We get questions all the time from readers about rumored drug positives or possible suspensions of trainers. It's seldom easy tracking down official rulings since there is no single, all-encompassing resource that provides timely, up-to-date information on such things.

In another era, Daily Racing Form was the go-to publication for stewards and commission rulings. The Form had a chart-calling crew at every racetrack in the country and forwarded copies of all official rulings to DRF offices. The rulings were published alongside entries and race results, sometimes almost as fillers, in editorial or statistical sections of the Form. If you wanted to find out who got caught smoking in the shedrow, parking illegally in the stable area or was fined or suspended for a post-race positive test, America's Turf Authority had 'em all.

Now it's not so easy.

The Jockey Club operates a website, ThoroughbredRulings.com, where you can search for regulatory rulings by trainer name, track or regulatory authority. But the information published there is not always complete or timely.

The Association of Racing Commissioners International keeps a regularly refreshed page of recent rulings – not just for Thoroughbred racing but also Quarter Horse and Standardbred – but it's also not entirely up to date or comprehensive and there is no search function to find rulings that may be more than a few weeks or months old. The ARCI does have a more comprehensive website for its members to access but it is not available to the general public (or media).

Individual racing commissions or government bureaus post rulings on their websites with varying degrees of efficiency and functionality. Some, like the New York State Gaming Commission or California Horse Racing Board web pages, are maintained regularly and have useful search functions. Others, like the Maryland or Indiana racing commissions, have outdated or incomplete information.

This is something that the Horseracing Integrity and Safety Authority can put on its “to do” list, though not sure where that project will rank by priority.

Squeaky Clean Racing In New York
In searching the New York State Gaming Commission website recently, I could only find one ruling for a medication violation in all of 2021 at New York Racing Association tracks – a phenylbutazone positive for Jeffrey Englehart-trained Runningwscissors after a third-place finish in a stakes at Aqueduct on Jan. 9. The ruling states that Runningwscissors was disqualified from any part of the purse money (though Equibase still credits the horse with a third-place finish and the purse money). Englehart served a 10-day suspension and was fined $1,000.

I could find zero positive tests in the New York State Gaming Commission rulings database in 2020 and zero positives in 2019 for NYRA tracks. Zero. That's one positive for the last three years at NYRA tracks.

By comparison, in 2019, the Kentucky Horse Racing Commission reported 37 medication related rulings. California had 99. Pennsylvania 80. Florida 55. West Virginia 57. Ohio 24.

Perhaps New York's testing laboratory at Morrisville State College, under the direction of Dr. George Maylin, is using different criteria for calling positive tests than laboratories testing for other racing states. Maybe the Morrisville lab isn't very good. Or maybe, just maybe, racing in New York is cleaner than anywhere else in the country.

While I don't know about the criteria used by Maylin to call positives, the idea that his lab is not very good is foolhardy. Maylin was the head of drug testing at Cornell University going back to the early 1970s until moving his test tubes and lab kits to Morrisville State College in 2010. That's nearly 50 years of being the kingpin for drug testing of New York racing, bridging Oscar Barrera to Jorge Navarro and Jason Servis.

The only conclusion I can come up with for the absence of medication violations in New York is that there aren't any. Not only is there no cheating going on, but horsemen there don't make the kinds of mistakes they occasionally do in other jurisdictions or have contamination issues from poppy seed bagels and grooms urinating in stalls. It must be the cleanest racing in the U.S.

Well done, New York racing. Well done.

That's my view from the eighth pole.

 

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Transfer of Claimed Horse in NY Results in Penalties for Potts, Chichakly

The claim and subsequent transfer of a horse within the prohibited 30-day time frame mandated by the New York State Gaming Commission (NYSGC) has resulted in a 30-day suspension and $2,000 fine for trainer Wayne Potts and a $2,000 fine without suspension for trainer Amira Chichakly.

DRF.com's Dave Grening first reported the story Monday. His story quoted Potts as explaining that he had ownership clients wanting to claim a horse out of the second race at Saratoga Race Course Aug. 4, but that Potts told them he couldn't because he had already made a commitment to another owner who wanted to claim a different horse out of the same race.

Since a trainer is only allowed to make one claim per race in New York, Potts said he gave the clients Chichakly's contact information. According to the DRF story, Chichakly agreed to try and make the claim and was able to buy Mach One by dropping a $20,000 slip for owners Frank Catapano and Nicholas Primpas.

Three days later, that horse was transferred from Chichakly to Potts. Potts told DRF there had been an owners' misunderstanding about not being able to transfer a claimed horse within 30 days. Chichakly said in the same story “she was unaware that she was claiming the horse with the idea it was going to be moved to another trainer.”

Chichakly has appealed the fine and has been granted a stay until the matter is fully adjudicated.

According to the NYSGC ruling, Potts waived his right to appeal, and in exchange, 10 days of his suspension will be stayed providing he has no violations of the same “restricted transfer” rule within the next year. His 20-day banishment runs Sept. 30 through Oct. 19.

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Wayne Potts Suspended 20 Days For NYRA Claim Violation

Trainer Wayne Potts, currently leading the standings at Monmouth Park, has been suspended for 20 days by the New York State Gaming Commission for a claiming violation at Saratoga, reports the Daily Racing Form. The suspension will run from Sept. 30 through Oct. 19.

Mach One was claimed at Saratoga on Aug. 4, by trainer Amira Chichakly for owners Frank Catapano and Nicholas Primpas. On Aug. 7, the horse was transferred to Potts.

According to NYSGC rule 4038.4, “if a horse is claimed it shall not be sold or transferred to anyone wholly or in part, except in a claiming race, for a period of 30 days from the date of the claim.”

Potts alleges that he tried to claim another horse in the same race; in New York, trainers are not allowed to claim more than one horse from the same race. He gave Catapano and Primpas contact information for Chichakly, who contends she was not aware she was claiming the horse to be transferred to Potts.

Potts said that Primpas believed he couldn't run the horse for 30 days, not that he couldn't transfer it for 30 days.

Chichakly was fined $2,000 for her role. Potts was initially given a 30-day suspension as well as a $2,000 fine, but 10 of those days were stayed as he waived his right to a hearing.

Read more at the Daily Racing Form.

Last August, The Maryland Jockey Club (MJC) told Potts to vacate his barn at Laurel Park, where he kept 30 horses, after track officials discovered Potts was program training for embattled colleague Marcus Vitali. Further, according to MJC president and general manager Sal Sinatra, Potts's name is on a list at Charles Town, Parx, and Delaware Park and he is not permitted to run horses at those facilities, either.

Potts had denied those allegations, and is currently stabled in both New York and in New Jersey, the latter at which he is leading the trainer's standings. The trainer is also currently appealing a 15-day suspension for a medication violation in New Jersey.

In 2016, Potts was fined by the stewards at Laurel Park for failing to carry worker's compensation insurance for a seven-month period during which one of his employees fell from a horse and suffered a traumatic brain injury.

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