Proposed HISA Drug Control Program Rule Changes Sent For Public Comment

The Horseracing Integrity and Safety Act's (HISA) has sent a set of proposed changes to its drug control program to the Federal Trade Commission (FTC) for public comment.

The proposed changes to HISA's anti-doping and medication control (ADMC) program will be posted on the federal register. Historically, public comment has been for 14 days. It is currently unclear, however, exactly when the proposed changes will be posted to the federal register.

After the public comment period, the FTC will then decide which proposed changes to approve or deny. Until then, the current ADMC rules will remain in place.

The proposed changes–substantial in many parts–concern six different areas of the ADMC program, the red-lined documents for which can be read here: General Provisions, The ADMC Protocol, the Prohibited Substance and Methods list, testing and investigation standards, laboratory standards for accreditation, and arbitration procedures.

A slate of proposed changes includes the following:

 

  • A ban on the “injection or attempted injection” of any substance–prohibited or not–during the “Race Period,” though with certain extenuating circumstances. The race period is 48 hours before post-time or before a vet's list workout. The proposed rule change pertains to “any type of injection, including (without limitation) intravenous, intramuscular, intra-articular, peri-articular, peri-tendinous, epidural, intra-dermal, or subcutaneous.”

 

  • Updated rules on permissible actions from a “covered person” during a provisional suspension or a period of ineligibility, and revised sanctions for breaking these rules. This includes a ban on purchasing or claiming horses during this time, or from being “employed or otherwise engaged or contracted in any capacity involving Covered Horses.”

 

  • Revisions to split sample analysis, including a new provision requiring the relevant laboratory to “create a video recording of the opening and identification of the B Sample,” which ultimately will be sent to the responsible person and the horse's owner.

 

  • The document concerning “Arbitration Procedures” has been heavily revised regarding how arbitral body and internal adjudication panel members are selected, who can sit on them, and how such proceedings are conducted. They include expanding the arbitral body selection process to include possibly “contracting a third-party organization to administer the Arbitral Body.”

 

  • Updated sanctions for positive tests involving drugs deemed “human substances of abuse.”

These drugs include Cocaine/Benzoylecognine, Methamphetamine, Methaqualone, Methylenedioxyamphetamine (MDA), Methylenedioxyethylamphetamine (MDEA), Methylenedioxymethylamphetamine (MDMA), Oxycodone, Phencyclidine (PCP), and Tetrahydrocannabinol (THC).

 

In a press release, HISA wrote how the proposed changes to the ADMC rules “were developed after months of dialogue with and feedback from racing participants across the country,” including the horsemen's group advising HISA.

“During this time, the proposed rules were shared with industry members for informal comments and published on HISA's website for additional industry input,” the press release states.

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HISA Submits Proposed Racetrack Safety Rule Changes to FTC for Approval

Edited Press Release

The Horseracing Integrity and Safety Authority (HISA) has submitted proposed rule changes to its Racetrack Safety Program to the Federal Trade Commission (FTC) for review. A red-lined document noting these proposed changes is available here. The FTC will subsequently post the proposed rules to the public register for public comment.

Until changes to the rules are approved by the FTC, the previously approved version of HISA's Racetrack Safety rules, which took effect July 1, 2022, will remain in place. Those rules are available in full on HISA's Regulations Page.

HISA's proposed changes to the Racetrack Safety rules were developed after months of dialogue with and feedback from racing participants across the country, including HISA's Horsemen's Advisory Group. During this time, the proposed rules were shared with industry members for two rounds of informal comments and published on HISA's website for additional industry input. All in, HISA's Racetrack Safety Committee received, reviewed and considered more than 600 comments from racing participants. The proposed changes submitted to the FTC today were reviewed and approved by HISA's Racetrack Safety Committee and full Board of Directors.

When and if these rule changes are approved by the FTC, HISA will undertake robust educational efforts to ensure horsemen nationwide are fully aware of these changes and well-equipped to comply with them before they go into effect.

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Changes to Apprentice Agreements to Start July 15

The previously announced changes to the apprentice and conditional jockey training agreements will now go into effect on July 15, 2020, the British Horseracing Authority confirmed on Monday. These changes, originally slated for Mar. 28, were temporarily postponed due to COVID-19. The initial decision for the new agreements to be brought in required approval by the BHA Board following considerable period of consultation and discussion between the Professional Jockeys Association (PJA) and National Trainers Federation (NTF) where agreement did not prove possible. The BHA has invited the PJA and NTF to create a working group to discuss the subject at length as new tweaks are needed.

“This has always been a subject which has created strong feelings both from jockeys and trainers and their representatives,” said BHA Director of Integrity and Regulation Tim Naylor. “Our job has been to mediate to try and arrive at the best compromise possible, whereby there is not the potential for an uneven balance of power and also that trainer’s contribution to the early stages of an apprentice’s career is suitably recognised.

“We also felt that it was not appropriate to bring in the new agreements in the initial stages of resumption, particularly as there were restrictions on apprentices riding. We fully accept that both from the point of view of apprentices and trainers there is more discussion to be had on this topic, and as such have re-instated the cross-industry working group to ensure there is a suitable forum to work together on any further concerns that arise.”

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