USADA’s Dr. Tessa Muir: Industry Confidence In Anti-Doping Program Key Element To HISA Success

How will equine medication rules and enforcement be different once the Horseracing Integrity and Safety Authority becomes the federally mandated regulatory body for Thoroughbred racing next year?

For starters, for the first time, regulations related to medication, testing and enforcement will be uniform in every racing state. That's a tremendous achievement in itself.

Efforts to form uniform rules go back decades to the days of the National Association of State Racing Commissioners (predecessor of the Association of Racing Commissioners International).  There has been incremental progress, through development of model rules that only went into effect if individual state racing commissions and sometimes legislators bought into them. Too often they didn't adopt them as written.

The enabling legislation creating the Authority, the Horseracing Integrity and Safety Act, overcomes those hurdles. The Authority is a non-governmental agency that will have federal oversight from the Federal Trade Commission, especially in its formative stage. Prior to July 2022, when the Authority is scheduled to be operational, the FTC will be required to accept, reject or amend the rules that the Authority is now developing to regulate medication and safety policies.

Dr. Tessa Muir, who joined the United States Anti-Doping Agency as head of its newly created equine program earlier this year, is part of the team developing those regulations. While USADA does not yet have a contract with the Authority, it's fully expected that it will be the agency named to that position, enforcing anti-doping policies in much the way it does for athletes in the Olympics, Paralympics and UFC fighters from the world of mixed martial arts.

Muir has worked as a regulatory veterinarian with Racing Victoria in Australia and before then spent six years with the British Horseracing Authority as a veterinarian assistant and anti-doping manager.

“We are diligently working with the Authority,” Muir said in an interview with the Paulick Report. “The core rules that we are developing will form the basis of the program. Implementation is that final step in bringing HISA to reality.

“Alongside the rules,” Muir added, “we are working with the Authority and hope to have a contract in place with them ASAP.”

In parallel with development of medication regulations, which will lean heavily on existing guidelines from the International Federation of Horseracing Authorities and the Association of Racing Commissioners International, Muir said USADA and the Authority are also working through a business model to determine staffing or contract labor needed to enforce its program. Among other things, there will be a need for investigators and what USADA refers to as doping control officers.

“One of the really great things with combining USADA and its human side with its equine side – assuming we do have a signed contract with the Authority – is that there will be some crossover between what goes on in the human world and the equine world,” Muir said. “Clearly, there are a lot of things that are also different, but again, where possible, we'll be trying to leverage resources sensibly to make it as streamlined as possible.

“What we are looking to do is to take the best elements from good anti-doping programs, whether they be equine or human, and create consistent, thorough and robust rules that fit the U.S. Once we have those rules, we can enforce them to ensure clean racing, the health and welfare and long-term soundness of our equine athletes.”

USADA and the Authority will also need to establish laboratory standards and an accreditation program before determining which of the existing drug testing laboratories will be utilized. While laws in some racing jurisdictions currently require testing to be conducted at in-state university labs, the assumption is that the enabling federal legislation will supersede such state laws.

Muir said post-race sampling will continue to be a part of a USADA anti-doping program, but it's obvious a significant focus will be on out-of-competition testing. Achieving what she calls a “gold standard” program will not happen overnight. Muir puts an 18- to 24-month timeline on that goal.

“A lot of it relates to collection of the data and to have a smart testing program, whether that be in or out of competition,” Muir said. “You have to develop the technology and the information and intelligence from the investigations to form that big picture on how you conduct testing.”

Muir describes best practices out-of-competition testing as an “anywhere, anytime”program that will be accompanied by a “whereabouts” requirement. That means the location of horses may need to be reported to the Authority or to USADA at all times so that surprise visits by doping control officers may take place.

“The intent of the (federal law) is that horses are accessible at any time at any place from the point of their first workout until they retire from racing,” Muir said. “In order to conduct that 'no-advance-notice' testing anywhere at anytime, you need whereabouts information in order to find the horse. That really is a critical underpinning for prevention, deterrence and detection of misuse of substances. Whilst specifics of how that may look are currently not finalized, if you look at any good anti-doping program in the world, whereabouts is a really key component. And that requires locations, not just while horses are in training but when they are in other locations resting or pre-training.”

Muir said testing is not the only way to catch violators, since some substances can be very difficult to detect.

“When you look at blood doping agents or illicit substances, it's not just things like EPO that are potentially difficult to detect,” she said. “There are other substances such as insulin, which have relatively short detection windows but potentially a much larger window for effect.

“In general terms, detection of a prohibited substance in a sample is only one of a number of different anti-doping rule violations. That detection isn't necessarily the only way to determine that someone has broken the rules.”

Muir listed anonymous tip lines as an important tool, though realizes that racing, like other sports that have struggled to control performance-enhancing drug use, there seems to be a de facto code of silence among many participants.

For that to change, Muir said, the industry will need to buy in to the principle that clean racing is better for everyone.

“The testing investigations comes under the responsibility of the enforcement agency (presumably USADA), but the tip lines and other things must have industry ownership,” she said. “When it comes to the responsibility for clean racing and preventing, deterring and detecting people who might be doing the wrong thing, it's the responsibility of the whole industry to call that out and prevent it and to stand up for clean racing.”

Muir admits that won't happen if the industry lacks confidence in USADA and the Authority.

“People have got to have confidence in those enforcing the rules, that they are acting on and doing the right thing,” she said. “I've had a lot of respect for USADA for a long time: that voice for the clean athletes and those doing the right thing. On the equine side it's the same proposition: standing up for the good people who are doing the right thing. They need to have trust that those enforcing the rules are going to help stand up for their rights.”

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Jockey Club Round Table: HISA ‘Best Ever Opportunity To Right Our Badly Listing Ship’

The 69th Annual Round Table Conference on Matters Pertaining to Racing concluded Sunday with emphatic support for the Horseracing Integrity and Safety Act (HISA) by The Jockey Club Chairman Stuart S. Janney III, who presided over the conference and referenced in his closing remarks the arguments made by groups in the racing industry that have stated their opposition to HISA.

“When the history of this is written, it will be clear who the obstructionists were and who opposed this industry's best ever opportunity to right our badly listing ship,” Janney said. “I am proud to stand with those who support HISA, and I look forward to the needed reform it will bring to our industry and to seeing our ship finally sailing a straight course.”

Sunday's event was held virtually and streamed on jockeyclub.com and made available on NYRA's YouTube channel, Racetrack Television Network's respective platforms, and bloodhorse.com.

Janney was preceded by presentations from Charles Scheeler, chair of the Horseracing Integrity and Safety Authority board of directors, and Dr. Tessa Muir, director of Equine Science for the United States Anti-Doping Agency (USADA).

Scheeler described the components of the authority's work ahead, which include the establishment of an anti-doping and medication testing program and a safety program; constituency outreach; and utilizing the industry's plethora of data, much of which will be sourced from The Jockey Club's databases. In advance of the implementation of HISA next year, plans call for the authority's board and standing committees to publish proposed rules for public comment before they are submitted to the Federal Trade Commission.

“What I saw when [I looked at HISA] was a once-in-a-lifetime opportunity to make the sport safer for horses and jockeys, to serve the overwhelming majority of horse people who want to win fairly and who want to play by the rules…” Scheeler said.

Muir spoke of USADA's plans to work with the Thoroughbred industry, including leveraging expertise for both human and equine athletes to create best practices.

“Our aspiration is to establish and maintain a uniform and harmonized program that is centered on promoting and safeguarding the health and welfare of horses and protects the rights of all participants to race clean and win fairly,” she said.

Emily Lyman, founder and chief executive officer of Branch & Bramble, a digital marketing agency used by America's Best Racing (ABR), discussed how “social listening” online can be used to gauge public sentiment of horse racing and how highly publicized events can have a positive or negative impact on how the sport is viewed. She talked about how ABR's marketing strategy is influenced by this data and that influencers can be effectively used as brand ambassadors to introduce new audiences to horse racing.

“Maintaining the status quo doesn't protect a brand's long-term health,” Lyman said. “Without growth in impressions and public sentiment, your key audience will eventually die out.”

Will Duff Gordon, the chief executive officer of Total Performance Data (TPD), spoke in a presentation with Will Bradley, director and founder of Gmax Technology Ltd., on how TPD and Gmax have collaborated to create timing systems for horse races and how they are working with Equibase to determine how the tracking data can supplement and enhance the information that Equibase provides. They noted that this information will become more valuable with the expansion of sports betting in the United States.

“We do know from our European experience that sports that have the richest set of data, as well as pictures, as well as odds, capture the most betting turnover and handle,” Gordon said.

Dr. Yuval Neria, professor of Medical Psychology at Columbia University and director of the PTSD Research Center, was joined by Dr. Prudence Fisher, associate professor of Clinical Psychiatric Social Work at Columbia University, to talk about the Man O' War Project, which was founded by Ambassador Earle I. Mack. It is the first university-led research study to examine the effectiveness of equine-assisted therapy (EAT) in treating veterans with post-traumatic stress disorder.

Neria described the findings as “extremely encouraging,” noting measurable changes in the parts of the brain involved in the capacity to seek and experience pleasure among trial participants. There were also decreases in symptoms of post-traumatic stress disorder and depression.

Moving forward, plans call for the creation of the Man O' War Center, with goals to train others in EAT protocol for veterans, adopt the protocol for other groups, pursue a larger research study, and expand the use of former racehorses for equine-assisted therapy work.

“We are proud to partner with the Thoroughbred Aftercare Alliance to connect groups trained in the Man O' War protocol with accredited aftercare facilities,” said Fisher. “It's a great way to incorporate more retired Thoroughbreds in EAT programs throughout the country.”

Kristin Werner, senior counsel for The Jockey Club and administrator of The Jockey Club's Thoroughbred Incentive Program, moderated an aftercare panel with panelists Erin Crady, executive director, Thoroughbred Charities of America (TCA); Brian Sanfratello, executive secretary, Pennsylvania Horse Breeders Association (PHBA); Beverly Strauss, executive director, MidAtlantic Horse Rescue; and Dr. Emily Weiss, vice president, Equine Welfare, American Society for the Prevention of Cruelty to Animals (ASPCA).

Each panelist shared their perspectives on challenges in the aftercare landscape, from securing a safe first exit from the racetrack to placing retired breeding stock. Crady talked about the TCA's Horses First Fund, which helps Thoroughbreds in case of an emergency.

“Plan, plan, and plan some more,” Crady said. If you've prepared a business plan for your racing operation, include a section on aftercare.

“Please remember one thing that I feel is paramount to your horse's future. Make every effort to retire your horse while he or she is still sound. A sound Thoroughbred can have an unlimited future.”

Strauss talked about the kill buyer market and the frequent social media frenzies when Thoroughbreds are offered for inflated prices to save them from being sold to slaughter. She warned that individuals and organizations that participate in these practices are often scams.

“If you're contacted because one of your former horses is in a kill pen, do some research, don't just throw money at it, don't just send money blindly, do research and see that the horse truly is in a bad place and then ensure its safety,” Strauss said.

Sanfratello detailed the PHBA's stance on aftercare and its creation of a code of ethics that will sanction those who knowingly send horses registered with the PHBA to slaughter.

“Our board understands that aftercare is just as important as making sure that we increase the numbers of mares bred,” Sanfratello said.

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Weiss focused on the work of the ASPCA's Right Horse Initiative, which assists with placing horses in transition. She noted that a problem seen with placing horses is that Thoroughbreds are often not located where the demand for them exists.

“There's some disconnect between the interest in the general public and getting these horses into their hands, and part of that is just getting those horses where those people are,” she said.

David O'Rourke, the president and chief executive officer of the New York Racing Association (NYRA), provided an update on that organization's efforts to promote safety, integrity, and the sport of racing. According to O'Rourke, NYRA has allotted 50% of its capital budget since 2013 to infrastructure improvements such as new track surfaces, barns, and dormitories. He also addressed the legalization of sports betting and NYRA's belief that this represents a critical opportunity for horse racing to expand its wagering options and boost handle

James L. Gagliano, president and chief operating officer of The Jockey Club, delivered a report on the activities of The Jockey Club.

Also in his closing remarks, Janney announced that Len Coleman and Dr. Nancy Cox, co-chairs of the nominating committee of the Horseracing Integrity and Safety Authority, have been awarded The Jockey Club Medal for exceptional contributions to the Thoroughbred industry.

A video replay of the conference will be available on jockeyclub.com this afternoon, and full transcripts will be available on the same site this week.

The Jockey Club Round Table Conference was first held on July 1, 1953, in The Jockey Club office in New York City. The following year, it was moved to Saratoga Springs, N.Y.

The Jockey Club, founded in 1894 and dedicated to the improvement of Thoroughbred breeding and racing, is the breed registry for North American Thoroughbreds. In fulfillment of its mission, The Jockey Club, directly or through subsidiaries, provides support and leadership on a wide range of important industry initiatives, and it serves the information and technology needs of owners, breeders, media, fans, and farms. It founded America's Best Racing (americasbestracing.net), the broad-based fan development initiative for Thoroughbred racing, and in partnership with the Thoroughbred Owners and Breeders Association, operates OwnerView (ownerview.com), the ownership resource. Additional information is available at jockeyclub.com.

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Iowa HBPA’s Moss Wants To Stop Recently Signed HISA Law From Being Implemented

The Horseracing Integrity and Safety Act, signed into law on Dec. 27, 2020, has been billed as the impetus for significant changes in the United States horse racing industry. The Iowa Horsemen's Benevolent and Protective Association executive director Jon Moss isn't sure that's a good thing, according to radioiowa.com.

“This new group that is being formed is unchecked in how much they can charge us as the state of Iowa in order to actually regulate the racing industry within the state,” Moss told radioiowa.com. “There's going to be a reckoning coming — we're going to be in a tough position. We may reach out and request something of your assistance to try and help stop this from being implemented.”

By law, the latest HISA can go into effect is July 1, 2022. The previously formed nominating committee is in the process of selecting the nine members who will comprise the Horseracing Integrity and Safety Authority (five independent members from outside of the horse industry, four from within the industry but without current investments or conflicts of interest). The Authority has been charged with contracting with the United States Anti-Doping Agency to oversee the anti-doping/medication control program on a national basis.

Two working committees also will be named. For more information on what comes next, read answers to frequently asked questions, as supplied by Marc Summers, vice president and general counsel for The Jockey Club, which helped steer the legislation through Congress.

Read more at radioiowa.com.

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HISA Signed into Law

The Horseracing Integrity and Safety Act officially became law when President Donald J. Trump signed the COVID-19 relief and government funding legislation Sunday night. The legislation will establish national standards to promote fairness and increase safety in Thoroughbred racing nationwide. The HISA legislation will go into effect no later than July 1, 2022, but could be effective earlier following the formation of an independent national racing authority and approval of an anti-doping and medication control program and racetrack safety program by the Federal Trade Commission. The FTC will review the programs developed by the authority, allow for public comment, and once approved by the FTC, the programs will go into effect.

In response to the bill’s passage, Travis Tygart, CEO of the United States Anti-Doping Agency, released the following statement, “The Horseracing Integrity and Safety Act passed the US Congress last week and was signed by the President Sunday night. This passage signifies the beginning of a new era in the storied history of the horse racing industry. The landmark legislation will establish a uniform approach to better protect horses and jockeys, and to bolster the strength and fairness of the sport.

“USADA is honored and grateful to be tasked with the anti-doping duties outlined in the Act. We are excited to spend the near future contributing to the design of a robust set of rules and customizing our gold-standard athlete service and testing model to ensure clean competition for equine athletes.

“Thank you to Majority Leader Mitch McConnell (R-KY) for his leadership in getting this bill through Congress, and to Congressmen Paul Tonko (D-NY) and Andy Barr (R-KY), and Senators Kirsten Gillibrand (D-NY) and Martha McSally (R-AZ) the original cosponsors of the Horseracing Integrity Act.

“USADA welcomes the opportunity to partner with horse racing stakeholders to develop uniform rules and to implement robust independent testing and enforcement that will contribute to the longevity and legacy of the sport of horseracing.”

The government spending legislation also provides an extension of the three-year tax depreciation for all racehorses through 2021, allowing taxpayers the option to depreciate, on a three-year schedule, racehorses less than 24 months of age when purchased and placed into service.

The massive $900-billion COVID-19 relief package also means eligible racetracks and farms will be allowed to participate in a second round of the Paycheck Protection Program (PPP). It also includes provisions for an increased number and extension of H-2B visas.

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