New York State Bar Association Offers HISA Webinar Apr. 18

Edited Press Release

The link for an equine-related Committee on Animals and the Law of the New York State Bar Association [has gone] live. It's a webinar on the Horseracing Integrity and Safety Act (HISA): Its Impact on Equine Welfare, NYS Racing and Regulation, and Federal Administrative and Constitutional Law.

The webinar will be held Thursday, April 18 from 12:00 p.m. to 3:00 p.m. EDT. Attorneys who attend are eligible for up to three NYS MCLE credit hours. These credit hours are valid in almost every U.S. jurisdiction. Non-attorneys are welcome to attend.

The Committee on Animals and the Law (COAL) of the New York State Bar Association has organized this excellent event. Speakers will explain the legal structure created by HISA, HISA's impact and future; the legal ramifications of HISA on state, federal and private actors; and HISA's effect on equine welfare. We expect to wrap up with a lively and informative discussion panel among the speakers. We hope attendees will leave the webinar with a greater understanding of HISA and the state of the State of New York's regulated racing industry.

What our roster of speakers will have to say promises real value to legal practitioners and others involved in racing. If you have any particular questions or comments you think would make good fodder for the discussion panel, please don't hesitate to let Fiona Farrell know in advance at ffarrell@nycap.rr.com.

Our program faculty includes:

  • Lucinda Finley, University of Buffalo Law School
  • Joi Garner, General Counsel, SVP, and Secretary, New York Racing Association
  • Lisa Lazarus, CEO, Horseracing Integrity and Safety Authority
  • Robert Williams, Executive Director, New York State Gaming Commission

To learn more about the program and to register, click here.

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Three Lingering NY Drug Positives as Testing Transfers to HISA

On the day that Thoroughbred drug testing nationwide got transferred to the control of the Horse Racing Integrity and Safety Act (HISA) Authority, Robert Williams, the executive director for the New York State Gaming Commission (NYSGC), disclosed during that board's monthly meeting that three outstanding Thoroughbred drug positives remain unadjudicated by the commission and are still lingering at various stages in the regulatory process.

That disclosure is not only timely because of the HISA Authority's May 22 implementation of the Anti-Doping and Medication Control program. Monday's news of the three additional unadjudicated tests was important because those unresolved cases were made public nearly two weeks after a brouhaha erupted about 2-year-old champion Forte (Violence) having failed a post-win NYSGC drug test at Saratoga Race Course on Sept. 5, 2022.

The finding of meloxicam, a non-steroidal anti-inflammatory drug, in Forte's system wasn't the entirety of that controversy. A more concerning aspect of the issue was that Forte's positive was kept from the public for more than nine months, and wasn't revealed until May 9, 2023, when the New York Times first broke the story, citing as sources “two people who are familiar with the matter but are not authorized to speak about it.”

On May 11, the NYSGC formally announced Forte's disqualification from the Hopeful while imposing fine of $1,000 and 10-day suspension upon trainer Todd Pletcher. Those penalties have been appealed, and both the NYSGC and Pletcher's legal team have bickered back and forth, with each side publicly blaming the other for causing extended delays in the process that involved split sample testing and the scheduling of a stewards' hearing.

Williams described the three other currently unadjudicated drug tests as being in the pipeline “at either qualified, accredited, independent laboratories or awaiting determination through a meeting of the stewards.”

Commissioner John Crotty asked Williams, “Do you have a timeline on resolving them?”

Williams was quick to answer: “I don't know the specifics of any of those cases,” he said.

Crotty responded, “Okay…” before NYSGC chairman Brian O'Dwyer interjected.

“I suspect, Mr. Crotty, given the situation, that we will be very, very diligent in terms of making sure that those things are adjudicated much more promptly,” said O'Dwyer, ending that discussion.

Williams noted that the outstanding Thoroughbred drug positives were current through May 19, but that the NYSGC will retain control over any sampling taken through May 21.

The commission will also maintain its testing obligation in harness racing, “as HISA has yet to address that industry,” Williams said. He added that there are two outstanding Standardbred drug tests awaiting adjudication.

Williams said that the Forte controversy has sparked NYSGC changes to the way it will handle any adjudications that remain under the board's control.

“Changes to the split sample procedure have been instituted to reduce the ability of an affected party to game the system,” Williams said.

“Absent extraordinary circumstances, from now on a trainer advised of a positive drug violation will be afforded no more than two weeks to identify and make arrangements for the split sample to be tested,” Williams said.

“Additionally, upon notification of the split sample result being returned, the stewards' meeting must be conducted within three weeks. If a trainer cannot appear within three weeks' time, they will be deemed to have constructively waived their appearance before the stewards, and the matter will proceed,” Williams said.

After Williams finished giving his report, O'Dwyer said that he wanted to express “my thanks and the thanks of the commission members for setting the record straight in regards to the Pletcher matter.”

O'Dwyer continued: “I think it's very important that, and was quite unfortunate, some of the reporting that came out, [and] the board and commission and our staff needs to be commended for the way that they handled it. I understand there were some time differences. But they did everything they could to give Mr. Pletcher considerable due process, and I'm glad that [Williams] was able to correct the record in that regard.”

Pletcher's attorney, Karen Murphy, had given a contrasting synopsis of the delay to TDN back on May 11.

“One point I want to address up front is that the gaming commission has stated now two or three times that we somehow delayed the process,” Murphy said at that time. “That's a little bit shocking to me because it's false. I don't like government regulators to make false statements. [From] day one, we were on this. This delay is wholly on the gaming commission. It's because they weren't prepared to proceed with the case in a professional, orderly manner.”

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NY’s Responsible Play Partnership to Hold Events Recognizing National Problem Gambling Awareness Month

New York State's Responsible Play Partnership (RPP), consisting of the New York State Gaming Commission, New York State Office of Addiction Services and Supports (OASAS) and the New York Council on Problem Gambling, is holding multiple events to drive attention to the issue as part of the 20th anniversary of National Problem Gambling Awareness Month.

On Mar. 10 at 11 a.m., the RPP will hold a press conference at the Javits Center with National Council on Problem Gambling (NCPG) Executive Director Keith Whyte to highlight the treatment and service options available across New York State for individuals who need help.

“Thanks to the efforts of NCPG and the work of the Responsible Play Partnership, we are bringing attention to this crucial issue and promoting a safe, responsible gaming environment.” said Gaming Commission Executive Director Robert Williams. “As gaming opportunities in New York State continue to expand, all New Yorkers should be aware of the myriad avenues to support for those who need help.”

In addition to the Mar. 10 event with NCPG, the RPP is proud to support and promote multiple events throughout March and the rest of the year to sustain public awareness of problem gambling and the availability of prevention, treatment and recovery services, including:

-The New York Council on Problem Gambling's Annual Conference on Mar. 8-9.
-Cambridge Health Alliance Division on Addiction's Gambling Disorder Screening Day Mar. 14 to help identify individuals who should seek an assessment of their gambling behavior.

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New York State Gaming Commission: Paulick Commentary On Lack Of Medication Positives At NYRA Tracks Purposefully Misleading

The following letter was submitted by Robert Williams, executive director of the New York State Gaming Commission.

I am writing in response to your October 18, 2021 column “View from The Eighth Pole: Of Rulings and Squeaky Clean Racing.” I feel the obligation to object to your sarcastic characterization, which creates a purposefully inaccurate picture of the efficacy of drug testing in New York.

You wrote that you could “only find one ruling for a medication violation in all of 2021 at New York Racing Association tracks … [and] zero positive tests in the New York State Gaming Commission rulings database in 2020 and zero positives in 2019 for NYRA tracks.” See https://www.paulickreport.com/news/ray-s-paddock/view-from-the-eighth- pole-of-rulings-and-squeaky-clean-racing/.

Limiting your data examination to such a narrow band suggests an intention to cast aspersions on the efficacy of the New York drug testing.

First, your analysis suggests New York does not have race day drug positives. If you banded your data over a more useful period – 10 years – you would have found 541 race day positives at all New York tracks. Second, examining only race day positives at New York Racing Association (NYRA) tracks (Aqueduct Racetrack, Belmont Park and Saratoga Race Course) during such 10-year look-back, you would have identified over 100 drug positives. Third, intentionally limiting your data set to NYRA racetracks enables you to purposefully ignore the seven Standardbred and other Thoroughbred racetracks in operation. The arithmetic illustrates over the last 10 years there have been over 160 race day positives at New York Thoroughbred tracks and over 370 race day positives at New York Standardbred tracks.

It is obvious to the most casual reader your intention was to mislead people in believing there has been one race day drug positive in two years. Your narrative disregards readily available data, misleading readers into believing that the New York Equine Drug Testing and Research Program (Laboratory) is either inept or negligent in its responsibilities.

I take great offense at your gratuitous shot at Laboratory director George Maylin, DVM, PhD. Even the most casual follower of equine drug testing is aware that Dr. Maylin developed many of the forensic equine drug testing techniques used worldwide. He has performed groundbreaking work in determining the presence of drugs that may affect the performance of equine athletes, including recently developing screening tests for:

  • • IOX-2, a new class of drugs that increases the body's own erythropoietin gene to produce more red blood cells. It accomplishes the same response as the administration of erythropoietin, or EPO. It is a performance enhancing drug and a gene doper.
  • • Clenpenterol, a beta-2 agonist with pharmacologic properties like clenbuterol which is not approved for use in horses.
  • • AH 7921, an experimental synthetic opioid with pharmacologic properties similar to morphine-like drugs, which is not approved in the United States for use in horses or humans.
  • • Kratom (mitragyna speciosa), a natural plant that contains the psychoactive alkaloid mitragynine that has opium-like analgesic effects and coca-like stimulant effects.
  • • Yellow Rocket (barbarea vulgaris), a plant that contains the alkaloid barbarin, which is used to metabolize bararin to aminorex, a central nervous system stimulant.
  • • Glaucine, an alkaloid with anti-inflammatory, antitussive, bronchodilator and central nervous system effects.

All of these research discoveries have been shared with other drug testing laboratories around the world and have been widely reported by the racing press.

While I am certain you are aware the Laboratory is one of only nine in the United States that have been fully-accredited by the Racing Medication & Testing Consortium (RMTC), you may not be aware what is necessary to obtain and maintain certification. The accreditation process begins with a document review of the laboratory's processes by an independent auditor with specific experience in horse racing laboratory operations. Once the documentation is reviewed, the laboratory must also submit to a multi-day site inspection by another independent assessor. As part of the accreditation requirements, laboratories are required to participate in an external quality assurance program that determines if laboratories have the capabilities required to detect substances of concern at the concentrations that are mandated by the RMTC model rule recommendations. All participating laboratories must also be ISO 17025-accredited to even apply.

To maintain RMTC accreditation, a laboratory must maintain its ISO 17025-accreditation and annually pass RMTC proficiency sample testing. Additionally, the Horseracing Testing Laboratory Committee of the RMTC also conducts a review of the Laboratory's funded research and internal laboratory development. This calendar year the HTLC found the Laboratory in good standing. In fact, since granting the New York Drug Testing and Research Program has remained in good standing for all its accreditations.

Your column also casts aspersions on Dr. Maylin's credibility, positing that the lack of recent positives at NYRA racetracks might be due to his using different criteria than laboratories in other racing states. You further state that “Maybe the [New York Laboratory] isn't very good.”

A quick look at the annual numbers finds race day positives in 2020 – a VERY anomalous year given the 40 percent reduction in racing dates conducted – for clenbuterol, flunixin, guaifenesin, methocarbamol, methylprednisolone, and phenylbutazone. In 2019 there were positives for adrenochrome monosemicarbazone, clenbuterol, clenpenterol, dexamethasone, flumethasone, flunixin, furosemide, guaifenesin, IOX-2, isoflupredone, methocarbamol, methylprednisolone, phenylbutazone, phenytoin, and propantheline.

Your commentary failed to note any of the above, I guess because it didn't fit your narrative about the lack of medication violations.

New York has been successful in identifying and punishing those who seek to cheat, but we understand that those with the propensity to use unlawful or illegal drugs persist. We appreciate the dedication and diligence of Dr. Maylin and the dozens of employees of the New York Equine Drug Testing and Research Program who are committed to ensuring the integrity of horse racing and protecting equine athletes participating in the sport.

Unfortunately, the Paulick Report prevents reader comments which limits our ability to directly shed light on your misstatements. I am hopeful, however, that this letter gets widespread attention so people can better understand your bias.

(Response from Ray Paulick: The Oct. 19 commentary accurately stated that only one drug positive has been prosecuted at New York Racing Association tracks in 2019, 2020 and 2021. I stand by the article as written.)

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