The Change Ahead: Where Are All These New Veterinarians Going To Come From?

As the Horseracing Integrity and Safety Authority fights multiple lawsuits challenging the constitutionality of the new organization, it remains to be seen when, whether, and how it will implement new rules. It has been made clear by those working for the Authority so far that it will not be a night-to-day change between June 30 and July 2, 2022, especially since the Anti-Doping and Medication Control Program will not go into effect until Jan. 1, 2023. There will also be a phase-in process for its Racetrack Safety Program, which in many ways will seek to codify best practices suggested by the NTRA's Safety and Integrity Alliance and the Association of Racing Commissioners International.

Assuming the Authority is able to bring about this change, there are a few jurisdictions and racetracks that will be in for a rude awakening. In this series, we take a look at where American racing stands now with key parts of the new regulations. What do we know about the history behind new rules? How have some states fared after implementing safety rules voluntarily? What has stopped some jurisdictions from adopting these changes on their own?  

We hope this pre-HISA snapshot can inform fans and those in the racing industry about the changes ahead. 

Find Part 1 in this series, on hair testing out-of-competition, here; Part 2 on void claim rules here; and Part 3 on jockey safety protocols here.

One of the most critical elements of racing safety may be the pre-race veterinary examination. Some of the recent changes in medication regulation in key racing states have been based around keeping horses as honest as possible, not just for their race but for their morning soundness exam to reduce the risk of injury. The procedure provides an opportunity for veterinarians to give extra scrutiny to horses whose race or workout records indicate they may be high risk, and to compare notes to previous exams to pick up on any early warnings of a condition that could lead to injury.

But while regulations in some states grant veterinarians the opportunity to do pre-race examinations on every entry, not all of them are doing that – and that's a problem, because as of July 2, the Horseracing Integrity and Safety Authority will require it.

For some time now, the American Association of Equine Practitioners has sounded the alarm about an impending shortage of equine veterinarians. According to racing regulators, the crisis has arrived.

Ismael “Izzy” Trejo, executive director of the New Mexico Racing Commission, says that while state regulation allows regulatory veterinarians to screen all horses before races, only about 20 to 30 percent of runners in the state are actually seeing a veterinarian in the morning before they run.

“We're not where we should be in regards to pre-race exams in the state of New Mexico,” said Trejo.

Trejo said the state has one vet on contract and another on staff to cover 206 race days across overlapping race meets. They work with stewards to create a high risk list based on past performances and regulatory data, and those are the horses selected for screening. The exam itself is thorough, with palpation and flexion required as well as watching horses in motion. There is veterinary oversight in the paddock and during the post parade, as there are in most places, in case a horse warms up awkwardly or has a profound enough lameness to show up during saddling. But, Trejo admits, it's not ideal – and the state is paying a lot for a less-than-ideal situation.

“It costs the agency upwards of $1,000 a day [for the contract worker],” said Trejo of the rate the state is paying for veterinarians currently. “It's a struggle to survive. We're all fighting for veterinarians.”

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(Perhaps oddly, Trejo pointed out, New Mexico's fatality rate has varied independently of this vet shortage, with some meets coming in well below the national average. Last year, Zia Park's meet had 1.28 fatalities per 1,000 starts and the Downs at Albuquerque had 1.03 per 1,000, notably below the 1.39  national average.)

New Mexico isn't alone in its struggles; Arizona has been examining only a portion of horses pre-race because its commission has been understaffed. Delaware typically starts its summer with three state vets and a few alternates in case one should call in sick. This year, Delaware Park started the season with two and no back-ups. Pre-race exams have continued as usual there, but the state had to change a regulation to allow a veterinary technician to draw blood in the test barn – a job that had previously been done by a vet.

Commissions aren't the only ones who can't find equine veterinarians to work for them; some race meets are short on private practitioners, too. Trejo said he believes the most recent 17-day Sunray Park meet had just one or two private practitioners on site to care for 700 to 800 horses, though others like the Ruidoso meet are better-staffed. Delaware regulators had to pass an emergency rule change allowing Lasix to be administered by private practitioners this season after the veterinary practice that normally gives third-party Lasix informed the state it didn't have enough staff to do it.

What's the problem?

The number of vets in equine practice has been dwindling in recent years. A study from the American Veterinary Medical Association found only 1 percent of veterinary students plan to go into equine practice, down from 4 percent in the mid-2000s. Studies have also shown that five years after graduating veterinary school, half of new equine vets will have switched fields.

Anyone with horses knows the hours caring for them are long, unpredictable, and filled with risk of injury. Equine vets often get paid significantly less than small animal vets, which is a tough pill to swallow for those starting their careers with an average of over $188,000 in debt. A 2020 survey of vet school graduates found that those accepting jobs in equine practices were reporting starting salaries averaging $56,000, while those in small animal were reporting starting salaries of $93,000.

“They just graduated; maybe they're looking at getting married, maybe having children and they're saying, 'Wow. I've got to make the right choice – the financially responsible choice,” said Dr. Amy Grice, veterinary business consultant.

And, because there are so few of them, the equine vets who remain in practice are being stretched thinner and thinner. Veterinary technicians are getting hard to find too, leaving the vets who have continued working with even more to do.

The racing sphere can be an especially tough place to work. As race meets rotate between tracks or states, regulatory and private veterinarians alike have to travel with them. While equine veterinarians in other businesses charge for examinations and diagnoses, many racing vets bill only for treatments, sometimes setting up the expectation they'll act as dispensers more than expert practitioners.

Read our previous reporting on the many factors in the equine veterinary shortage.

What HISA will do

On July 2, all horses will be required to pass a veterinary exam pre-race.

States that have signed regulatory agreements with HISA will have their veterinarians enforce the rules that go into effect July 2. For states where there is no agreement in place, HISA will have to send its own set of officials. Many wonder if that means HISA will soon be hiring more equine vets – and whether they're going to offer more competitive compensation than states can.

Fees for any additional veterinarians hired by HISA will be passed on to racetracks.

Kentucky Horse Racing Commission equine medical director Dr. Bruce Howard said that his team is prepared to comply with HISA's pre-race exam requirements, which are already the standard practice. Howard said the KHRC's team has not faced the same staff shortage that other jurisdictions have, and the private practitioner population is keeping up with existing needs.

“We've had – I wouldn't say trouble finding veterinarians, but it's a constant thing, where just when we think we have enough staff, someone may retire,” said Howard. “Right now we're doing very well.

“When I'm talking to someone about a potential hire, I guess we approach things just a little bit different than a private practitioner. I can stress some of our benefits are that there's no after-hours on-call time, there's no emergency call. I was in private practice so I know how challenging that can be. We can guarantee they'll have a certain number of days off, so we can do a little bit better than private practice that way.”

But Kentucky is probably the exception rather than the rule. In New Mexico, Trejo said the veterinarian who works for the state came out of retirement to do so, and he knows of other jurisdictions that have also coaxed vets back to work to cover short meets. He knows that won't be an option forever.

Since New Mexico's racing commission did not agree to pay HISA's bill to the state, the responsibility of hiring extra personnel will fall on the racetrack. Trejo expects the racetrack veterinarian and state vets can work together to achieve the requirements of the Authority since there's a healthy mix between Thoroughbreds and other breeds, and HISA only applies to Thoroughbred racehorses.

“We've got to work as a team because we don't have a lot of resources here in New Mexico,” he said. “We'll certainly work with the racetracks to fulfill the requirements of HISA. If it's 100 percent for Thoroughbreds, we could probably achieve that pretty easily, because that's probably between three and five races a day.

“It's not going to hit us that hard initially.”

No one seems sure how the upcoming HISA implementation will impact the vet shortage, but Grice, the veterinary business consultant, said the status quo is going to have to change throughout the equine industry, HISA or no HISA.

“The primary pain points are compensation and a family-friendly culture,” said Grice. “And there are even people without families who want to work less than 60 or 70 hours per week. Millennials want to actually have a life. In the old days, your life was equine practice and if that's not what you wanted, to live/breathe equine practice and do nothing else, then you didn't belong. People who have experienced that, coming in and feeling like they don't belong will say, 'Ok. I guess I don't belong. I'll go somewhere else.'

“Part of it is a cultural change. And change is hard.”

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CHRB Rulings: Miller Assistant Alvarado Suspended For Program Trainer Violation

The trainer's license of Ruben Alvarado, who until last November was assistant to trainer Peter Miller, has been suspended 14 days by the California Horse Racing Board for violating program trainer rules between Dec. 23, 2021, and March 24, 2022, at the San Luis Rey training center.

Alvarado took over Miller's Southern California stable when Miller announced that he was taking a self-imposed hiatus from training last November, citing personal reasons.

Complaints against Alvarado and Miller were filed May 23, with stewards alleging that Miller continued to engage in “behavior consistent with the duties of a trainer at the San Luis Rey training center with horses in the barn of trainer Ruben Alvarado. This has included entering horses, conducting endoscopy exams, giving instruction to riders, examining horses, assigning jockeys, and creating training charts.”

The complaint further stated that Alvarado did not set up his own stable bank account independent of Miller, which was required by the stewards.

Miller, who was licensed as an owner and stable agent, received a seven-day suspension and $10,000 fine. His suspension ran June 6-12.

Alvarado's suspension is scheduled to run July 1-14.

Miller has started five horses in his own name since late May: three at Churchill Downs and two last weekend at Los Alamitos. He recently announced that he will resume training full-time in Southern California .

Miller Fined For Vulgarity Toward Regulatory Veterinarian
In a separate ruling dated June 24, Miller was fined $5,000 for violating CHRB disorderly conduct rules on Feb. 14 at San Luis Rey. According to the complaint, Miller uttered a vulgarity multiple times while upset that Dr. Barrie Grant would not remove the horse Gates of Heaven from the vet's list following a workout. Grant requested the complaint be filed. Miller has been sanctioned previously for disorderly conduct incidents involving a former employee, racing officials, security personnel, and a regulatory veterinarian.

Financial Complaint Leads To Randal Gindi License Suspension
On June 25, CHRB stewards also suspended the owner's license of Randal Gindi of Monster Racing Stables for failure to appear before the board of stewards on June 24 to answer a financial responsibility complaint. The complaint was filed by Bob Hubbard Horse Transportation, alleging Gindi's stable owed $1,402.35 for transporting the horse The Critical Way on Oct. 29, 2021. Gindi's suspension, pending a hearing before the stewards, is to begin July 2.

Gindi's stable is currently based at Monmouth Park, where The Critical Way recently ran fourth in the Select Stakes. The Critical Way was pre-entered in last year's Grade 1 Breeders' Cup Turf Sprint at Del Mar but did not start.

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HISA Registrations Approaching 40,000 Ahead of July 1 Deadline

Thoroughbred racing participants and administrators across the country are preparing for the official implementation of the Horseracing Integrity and Safety Act, which will take place this Friday, July 1,  when the Horseracing Integrity and Safety Authority (HISA)'s Racetrack Safety Program goes into effect.

As required by the federal law, racing participants must register with HISA by end of day on July 1. To date, a total of 38,416 participants, including 18,400 covered persons and 20,016 covered horses, have registered. Racing participants who have not yet registered themselves or their horses can do so at hisaus.org/registration.

In addition, 20 out of the 25 states under HISA's authority have reached or are in the process of reaching agreement or understanding with HISA regarding implementation of the new federal law. For the first time, a national, uniform set of rules will govern every thoroughbred racing participant and racetrack facility.

“We're incredibly grateful for the efforts of racing participants, industry organizations and track leadership across the country in helping us ensure that all relevant racing participants and horses are registered by July 1,” said HISA CEO Lisa Lazarus. “We're also appreciative of the collaboration and thoughtful approach of so many state racing commissions over the last several months. The cooperation of everyone in the industry is critical to HISA's long- and short-term success. Come July 1, all thoroughbred racing participants will be regulated by HISA. To avoid any disruption in their ability to race, we encourage anyone who has not yet registered themselves or the horses in their care to do so as soon as possible.”

Established when the Horseracing Integrity and Safety Act was signed into federal law in 2020, the Horseracing Integrity and Safety Authority (HISA) is responsible for drafting and enforcing uniform safety and integrity rules in thoroughbred racing in the United States. Overseen by the Federal Trade Commission (FTC), HISA was created to implement, for the first time, a national, uniform set of rules applicable to every thoroughbred racing participant and racetrack facility. HISA is comprised of two programs: the Racetrack Safety Program, which goes into effect July 1, 2022, and the Anti-Doping and Medication Control (ADMC) Program, which will go into effect in January 2023.

The Racetrack Safety Program includes operational safety rules and national racetrack accreditation standards that seek to enhance equine welfare and minimize equine and jockey injury. The Program will expand veterinary oversight, impose surface maintenance and testing requirements, enhance jockey safety, regulate riding crop use and implement voided claim rules, among other important measures.

The ADMC Program will create a centralized testing and results management process and apply uniform penalties for integrity violations efficiently and consistently across the U.S. These rules and enforcement mechanisms will be administered by a new independent agency, the Horseracing Integrity and Welfare Unit (HIWU), established by Drug Free Sport International (DFS). HIWU will oversee testing, educate stakeholders on the new system, accredit laboratories, investigate potential integrity violations and prosecute rule breaches.

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Unsealed Documents Show Surick Guilty Plea, Agreement To Cooperate In Federal Probe

Recently unsealed court documents show that Standardbred trainer Nicholas Surick pleaded guilty to multiple charges in October 2020 as part of a cooperating agreement with the Southern District of New York in its federal probe into horse doping.

Surick faced up to 30 years imprisonment if found guilty on drug adulteration and misbranding conspiracy and obstruction charges brought against him. In a video appearance in front of U.S. District Court Judge Mary Kay Vyskocil on Oct. 19, 2020, Surick agreed to a waiver of indictment and pleaded guilty to an information charge of two counts of conspiracy and one count for obstruction. That agreement and plea were sealed by the court until recently, as was the transcript of the proceeding.

“Do you understand that the agreement provides that you must cooperate fully with the Office of the United States Attorney, the Federal Bureau of Investigation, and any other law enforcement agency designated by the United States Attorney?” Vyskocil asked Surick.

“Yes, your honor,” Surick replied.

Vyskocil then told Surick that “if you fully comply with the understandings in the agreement and cooperate with the government,” the U.S. attorney will not prosecute Surick for his participation in conspiracies to misbrand or adulterate performance-enhancing drugs in racehorses or for his actions related to obstructing a federal investigation into doping a horse named Northern Virgin.

Surick was reminded by Vyskocil that the aforementioned actions, called “relevant conduct,” can be considered for purposes of sentencing related to his guilty pleas.

The unsealed information charge covers many of the activities revealed in a March 2020 indictment against Surick and 18 others, many of whom have pleaded guilty (including trainer Jorge Navarro and veterinarian Kristian Rhein) or convicted by a jury (veterinarian/supplier Seth Fishman and his employee Lisa Giannelli). A superseding indictment, issued in November 2020 – the month after Surick's guilty plea and agreement to cooperate – did not list Surick among those charged.

The charge states that Surick, who is also a Thoroughbred owner, engaged in illegal drug adulteration and misbranding conspiracy with the intent to defraud and mislead  from 2016 until March 2020. Jorge Navarro was the recipient of some of the misbranded drugs, including a customized anti-inflammatory known as “red acid.” A second conspiracy count states that Surick directed veterinarians  to administer misbranded drugs and specifically refers to the blood-doping of a horse named Northern Virgin by a trainer in Ohio prior to the horse's race in New York.

Northern Virgin is also the focus of the obstruction charge against Surick, who became aware that he was the subject of an investigation by the New Jersey Racing Commission and the FBI. In December 2018, Surick directed the horse to be moved out of state in an attempt to avoid New Jersey officials from administering an out of competition drug test and then told others to lie about the dates and the reason the horse was moved. It was then that Surick began using encrypted communication tools like WhatsApp to avoid being traced and telling others in his circle to do the same.

Despite those efforts, officials were able to record conversations between Surick and others, including Navarro. They also tracked down Northern Virgin before the horse was shipped to Ohio and drew blood samples that court records say detected the blood-doping agent EPO.

One of the calls the FBI intercepted was between Surick and indicted Thoroughbred trainer Michael Tannuzzo, discussing Navarro.

“You know how many f—ing horses he (Navarro) f—ing killed and broke down that I made disappear,” Surick told Tannuzzo. “You know how much trouble he could get in … if they found out … the six horses we killed?”

Navarro was sentenced to five years and is currently serving his sentence at FCI Miami, a low security federal correctional facility. He is scheduled for release June 18, 2026.

Sentencing for Surick has been held in abeyance pending his cooperation in ongoing cases, including those where Surick may be called upon to testify.

 

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