Enforcement Of HISA Medication Rules Set To Begin On March 27, Pending FTC Approval

The Horseracing Integrity & Welfare Unit (HIWU), a division of Drug Free Sport International, is anticipating that it will begin enforcement of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program on March 27, 2023, pending approval of the ADMC rules submitted to the Federal Trade Commission last month and published to the Federal Register on Jan. 26.

The rules are available for public comment on the Federal Register through February 9.

With HIWU serving as the independent enforcement agency for the ADMC Program, Thoroughbred racing participants in all states under HISA's jurisdiction will operate under uniform medication rules, test barn and testing procedures, laboratory standards, results management timelines, and sanctions for violations. HIWU will also direct a national investigations unit.

“HIWU is honored to have been tasked with the responsibility of administering U.S. Thoroughbred racing's first national, uniform ADMC Program, and we stand ready to begin enforcement this spring,” said Ben Mosier, executive director of HIWU. “To facilitate smooth sailing through the transition, we will continue to engage with and support industry stakeholders across the country.

“Under the ADMC Program, all participants in Thoroughbred racing will be able to feel confident that they are competing on a level playing field that promotes the integrity of the sport and enhances equine welfare.”

In addition to a planned appearance at the Organization of Racing Investigators Annual Training Conference in Tucson, Arizona, next month, HIWU staff will continue holding in-person and virtual meetings with industry participants affected by the ADMC Program. Interested individuals can also find a growing library of educational resources, including materials in Spanish, at hiwu.org.

HIWU's team continues to expand, and interested individuals should visit drugfreesport.com/about-us/careers/ to view available positions.

About the Horseracing Integrity & Welfare Unit

The Horseracing Integrity & Welfare Unit (HIWU) was established in 2022 by Drug Free Sport International to administer the rules and enforcement mechanisms of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program. The ADMC Program will create a centralized testing and results management process and apply uniform penalties for violations efficiently and consistently across all American Thoroughbred racing jurisdictions that HISA governs. HIWU will oversee testing, educate stakeholders on the new program, accredit laboratories, investigate potential violations, and prosecute any such violations.

About Drug Free Sport International

Drug Free Sport International is a worldwide leader in the sport drug testing industry. Drug Free Sport International administers comprehensive drug testing programs, manages national and international collections, develops drug testing policies, and provides educational services to a wide range of professional and amateur athletics organizations around the world. Its highly educated, experienced, and diverse staff is committed to quality, technical innovation, and maintaining the most extensive network of highly trained and certified sport drug testing collectors in the industry.

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‘A Step Forward For American Racing’: Reviewing Four Months Of Category One Interference Rules In Oklahoma

In September 2022, the Oklahoma Horse Racing Commission became the first North American jurisdiction to implement the Category 1 interference philosophy, used by all major racing jurisdictions worldwide.

After almost 800 races with the Category 1 rules in place, covering both Thoroughbreds at Remington Park and Quarter Horses at Will Rogers Downs, the stewards overseeing the races wouldn't have it any other way.

“Category 1 rules are a step forward for American racing,” said Glen Murphy, who shifted from a 33-year career in the saddle, with more than 3,000 wins to his credit, to the stewards' stand in 2017.

“I was a little skeptical when it was first announced, but I quickly realized how it simplified our job in making a decision when a foul was committed.”

Murphy's remarks to the Thoroughbred Idea Foundation (TIF), and that of other stewards in Oklahoma who have adjudicated races under the Category 1 rules, came shortly after continuing education sessions, under the Racing Officials Accreditation Program, were held last week at Remington Park.

The Thoroughbred Idea Foundation championed a switch to Category 1 in its 2018 white paper, “Changing The Rules.”

“TIF hoped North American jurisdictions would recognize the need for global harmonization on the interference rule, and with that, improve transparency and communication with stakeholders on such incidents,” said TIF executive director Patrick Cummings.

“Someone was always going to have to be the first to give it a try, and that was Oklahoma.”

THE CATEGORY 1 EXPERIENCE

The change has been noticeable.

From nearly 500 races at Remington Park over three months, stewards demoted one horse from a total of 23 reviewed incidents (any time the stewards posted an inquiry or there was an objection lodged). At Will Rogers Downs, from almost 300 races run, the stewards demoted one horse from 18 reviewed incidents.

In 2021, over the comparative period of time, stewards at Remington demoted seven horses from 26 reviewed incidents, while 10 were demoted from 25 reviews at Will Rogers.

“These rules enable stewards to hold the culpable party responsible – that is, the jockey – without penalizing those who owned, conditioned and supported the best horse in the race,” said steward David Moore.

“We all had some reservations going into it, but after the training and experience enforcing it, I support it fully.”

Since no jurisdiction in North America operated under the Category 1 rule, stewards from the Hong Kong Jockey Club led the training of Oklahoma's stewards through a series of interactive sessions, conducted remotely, in the months leading up to the change.

The Category 1 rules require stewards to change how they consider the impact of a foul that occurred during the running of a race. Under the Category 2 philosophy, which has generally existed in American racing since the 1930s, stewards are asked to determine if a foul cost a horse the opportunity for a better placing, regardless of the placing which it was cost, whether it had a meaningful impact on the final result of the race and irrespective of where the foul occurred.

Under Category 1, stewards consider that if a foul had not otherwise occurred, would the horse that suffered from the interference have finished ahead of the horse that caused the interference.   If not, then no change is warranted.

“There is no doubt that the Category 2 rules are familiar to all stakeholders in American racing, but it led to inconsistencies, whether they were real or perceived” said steward Victor Escobar. “In my opinion, Category 1 provides the opportunity to be far more consistent in the application of a demotion rule.”

Commensurate with the change, Escobar took to the Remington Park simulcast feed minutes after an inquiry or objection was settled, explaining each decision since the transition to Category 1.

“This was obviously a change from past expectations of customers,” Escobar said. “It made sense to get on the microphone and explain the new rule, what we considered and the decision we made – all just minutes after the decision. That has been very well-received.”

Remington Park also plays a tutorial video (shown below) at the start of each day to remind participants of the change.

OTHERS CONSIDERING A SWITCH?

“We have had the conversation with several other regulators and stewards across North America who are watching Oklahoma's transition closely,” said Cummings. “I would not be shocked to see a few more make the transition in the near future, but recognize this can be a time-consuming process. The goal is long-term, global harmonization around interference considerations and increased transparency when called into action.”

For those that have been critical of even considering the transition, one long-time steward and now executive director of the California Horse Racing Board, Scott Chaney suggested to TIF that any debate about the merits of a switch to Category 1 might already be over.

“I am not sure the pros and cons [of either Category 1 or 2] matter any longer given that pretty much the entire world uses Category 1 and [now] one U.S. state – and the sky has not fallen. It seems that there is some inevitability in motion.”

But change can be slow.

North American jurisdictions took the best part of 20 years, from the mid-1930s to the mid-1950s to adopt the current standard known now as Category 2.

“News coverage from the first stewards to use the 'new' rules in the 1930s,” Cummings added, “suggests they greatly enjoyed applying what was an improved standard at the time because they transitioned away from the 'foul is a foul' concept and enabled stewards to finally consider whether interference cost a better placing. It took time for it to catch-on, but it was clearly an improvement.

“Now that the rules have evolved to enable greater consistency in decision-making, I am hopeful that the dominoes fall faster in modern times. Oklahoma made the first move in North America, the stewards there have embraced it wholeheartedly and others are recognizing it.

Craig Bernick, president and CEO of Glen Hill Farm and founder of TIF, said: “the mission of TIF has been to improve the sport for horse owners and horseplayers. This is one more small step in that direction intended to yield a better overall experiences for those who participate in our sport.”

“Global harmonization is within reach.”

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Quarter Horse Jockey Charged With Felony Related To Buzzer

A month after being summarily suspended by the Oklahoma Horse Racing Commission, jockey Cody Rodger Smith has been charged with a felony related to use of a buzzer in a horse race on Nov. 15, 2022.

Smith was charged on Jan. 24 and arrested the following day, according to online court records. He has since made his $2,000 bond. His arraignment is scheduled for Jan. 31 in Roger County District Court.

A probable cause affidavit dated Jan. 5 narrated the investigation conducted by law enforcement. Smith rode Zbars Live Wire to victory in the Grade 1 Speedhorse Paint and Appaloosa Futurity at Will Rogers Downs in Claremore, Okla., on Nov. 15. Afterwards, police were contacted by the owner of Speedhorse magazine, which had a photographer on site for the event. According to the affidavit, the photographer's images “show a large bulge in Cody's left gloved hand with two metal prongs protruding from the glove, which is consistent with an electronic device.”

Additional photo evidence from the official track photographer showed the same outline and prongs protruding from Smith's gloved hand.

The Speedhorse photographer told police that after she posted her images on social media “Haley Luneack contacted her to take the picture off face book [sic] as it shows the device.”

According to her Facebook profile, Luneack is in a relationship with Smith.

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The affidavit went on to state that police interviewed Luneack, who said “she received several messages from other people pointing out the device in Cody's glove.”

In an interview with police Smith stated “it's not what it looks like,” according to the affidavit.

“Cody later admitted to taking the buzzer with him when he left the jockeys' room after the races,” the affidavit stated.

Smith was summarily suspended in December for “conduct detrimental to horse racing, possession of contraband, and prohibited use of equipment.” The stewards denied an appeal of Smith's summary suspension on Dec. 12 and he has not ridden since.

Smith is one of the top Quarter Horse riders in the country, having been ranked 24th by earnings in 2022 and fourth in 2019.

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FTC Publishes HISA’s Medication Rules, Initiating 14-Day Public Comment Period

The Federal Trade Commission (FTC) has published the resubmitted Horseracing Integrity and Safety Authority (HISA) Anti-Doping and Medication Control (ADMC) rules to the Federal Register, initiating a 14-day public comment period. The FTC now has 60 days to approve or deny the proposed rules.

HISA's draft ADMC rules were initially rejected by the FTC in late 2022 due to ongoing legal uncertainties. HISA has resubmitted the rules for consideration by the FTC following a bipartisan act of Congress which addressed the constitutional questions raised by the Fifth Circuit Court of Appeals.

Now that the rules have been resubmitted and posted to the Federal Register, HISA anticipates that its ADMC Program will go into effect March 27, 2023, pending FTC approval. The resubmitted rules include a small number of minor revisions from the version submitted in August 2022. A clean version of the proposed rules is available on the Federal Register now and a red-lined version will be available on HISA's website within the next 48 hours. In its December 2022 order, the FTC stated it would consider all previously posted comments on the Federal Register as well as any updated or new comments.

Upon implementation, the ADMC Program will be administered and enforced by the Horseracing Integrity & Welfare Unit (HIWU). The development of the ADMC rules included an initial public comment period, numerous open discussions and meetings with industry organizations and individuals, as well as the careful consideration of more than 200 comments submitted by racing participants and the general public.

Included in the rules package are the Equine Anti-Doping and Controlled Medication Protocol, the Prohibited List, Definitions, Arbitration Procedures, Equine Testing and Investigation Standards, and Equine Standards for Laboratories and Accreditation.

“The establishment of uniform, nationwide anti-doping rules in Thoroughbred racing will strongly enhance the safety and integrity of our sport and is a step many in our industry have long advocated for,” said HISA CEO Lisa Lazarus. “The health and safety of horses is our paramount concern, and the consistent enforcement and efficient resolution of rule violations will transform how we protect our equine athletes. We deeply value the input we've received from racing participants throughout the development of these rules, and I encourage all participants to continue to share their thoughts with us moving forward.”

HISA's ADMC Program will advance and modernize anti-doping practices across the sport with components including out-of-competition testing, uniform lab accreditation, a uniform results management process, a robust intelligence and investigations arm and consistent penalties.

As HIWU prepares for the ADMC Program's launch, the organization will continue to publish and share educational material with industry stakeholders, available at hiwu.org, and will host meetings with groups of racing participants to further educate on the new rules and answer questions.

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