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Diodoro Resurfaces At Lone Star Park

High-profile trainer Robertino Diodoro, who is serving a provisional suspension from the Horseracing Integrity and Welfare Unit (HIWU) after the banned substance levothyroxine was found in his barn at Oaklawn Park, has entered a horse for the April 18 card at Lone Star Park. On opening night, he has entered Master of Disguise (Mastery) in a maiden special weight race with a purse of $33,000.

Diodoro is eligible to race in Texas because the Horseracing Integrity and Safety Authority (HISA) does not have jurisdiction in that state.

Diodoro did not return a phone call from the TDN, but it appears that he will be busy at the Lone Star meet, which concludes on July 14. Diodoro has been allotted 50 stalls, which appears to be the maximum amount allowed by the track's racing department. He has not started a horse since April 3 at Turf Paradise. He was able to run in Arizona after his suspension was announced because the horses had been entered before Diodoro was notified of the violation

Diodoro was provisionally suspended by HIWU on March 29. Though he has been summarily suspended the case must still be reviewed by HIWU's Internal Adjunction Panel. Diodoro also has the option of trying to contest the suspension in court.

Levothyroxine is a thyroid medication. According to the National Library of Medicine the use of thyroid hormones for doping to enhance performance in human sports has long been controversial. There have been claims of abuse of these drugs, but they have not been prohibited by the World Anti-Doping Agency.

The Texas Racing Commission interpreted its state racing rules and concluded that only the racing commission can legally oversee racing in the state and therefore would not allow HISA to come into Texas. Because they are not under HISA's jurisdiction, Lone Star Park and Sam Houston cannot send their simulcast signal out of state.

Diodoro was the leading trainer in 2023 at Oaklawn Park and is currently still in second place in this year's Oaklawn standings. Training since 1995, Diodoro has 3,184 career wins and a winning rate of 21 percent.

A similar scenario is playing out in Louisiana, where trainer Jonathan Wong has begun racing. Wong received a two-year suspension from HIWU after he had a horse test positive for Metformin, a drug that is commonly used by humans to combat type 2 diabetes. Like Texas, Louisiana racing is not under HISA's control. Wong has started eight horses in Louisiana with no winners. He has four horses entered at Evangeline Downs next week and another Saturday night.

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ARCI Analysis: McConnell Bill Authorizes Strict Control of Medications in Training

The Association of Racing Commissioners International is preparing an analysis of the newly proposed legislation, the “Horseracing Integrity and Safety Act,” by Kentucky Senator Mitch McConnell (R), so the group can prepare for a “smooth transition” should the measure be enacted. Earlier this week, the ARCI released an initial statement looking at the bill's effect on breeders.

The federally sanctioned authority empowered by newly proposed legislation by Senator McConnell will be able to impose strict controls on the use of any therapeutic medications administered to a “covered horse,” effectively setting the stage for a program that could require a veterinarian to receive prior permission before treating the horse with a prescription medication.

Such a system, if implemented, would parallel the “therapeutic use exemption” program in human sport. Under the requirements of the World Anti-Doping Agency code, advance permission must be obtained before a controlled substance is administered to an athlete in training or competition.

Unlike human sport, it is not expected that the new Authority would depart from current ARCI Model Rules or International Federation of Horseracing Authorities standards that prohibit such drugs to be present in the horse when it races.

But S.4547 does give the new Authority powers to control all substances administered to horses under its jurisdiction. Under the proposal, a “covered horse” comes under the jurisdiction of the new Authority after its first timed workout at a racetrack.

The analysis finds that the new Authority could, for the first time, put in place a system to control what some believe is the overuse of certain drugs in the care and preparation of horses intended to race. Whether it will actually do so, the timing of such a change, or how it would work is not yet known.

Given the number of racehorses potentially regulated by the new Authority such a program would require additional resources than what is currently available in the regulatory network in order to review such applications.

State Racing Commissions are not authorized to regulate the practice of veterinary medicine. There has, however, been a trend within the ARCI and the Racing Medication and Testing Consortium to require commission notification of certain treatments and in some limited circumstances advance approval. Current regulatory policy relies largely on the ability of a commission to exclude a horse from competition. In some jurisdictions legal and liability concerns have affected the extent of the changes that could be done.

In July 2019, the ARCI proposed a private regulatory scheme using existing breed registry authority to require submission of all veterinary treatment records, including the diagnosis required for treatments, of all intended racehorses from birth forward, These records would be electronically reviewed to “red flag” horses in need of greater monitoring in order to help regulatory veterinarians assess whether a horse is high risk and should be excluded from competition.

As S.4547 has a greater focus on anti-doping, it does not require such a system. The bill does effectively put the actual horse under the regulatory authority of the new Authority at a uniform and consistent point in its career, eliminating inconsistencies that currently exist in state-based statutes and rules.

It remains unclear whether the Authority will require the submission of all veterinary records or will fall short of what the ARCI had asked the Jockey Club to require in 2019.

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National Summary: 0.55 Percent Of All Racing Samples Tested Show Adverse Analytical Findings

US racing commissions sent 263,783 biological samples from horses participating in professional horse races to the testing laboratories.

Of those tests there were 1,461 adverse analytical findings accounting for 0.55 percent of all samples. 99.45 percent of samples tested were clear, indicating a high degree of compliance with anti-doping and medication rules based upon known information and data..

Of the adverse analytical findings, approximately three percent were clear attempts at doping as the substance detected had no reason to be present in the horse other than to provide a maximum enhancement of performance. Class 2 substances considered the next most serious level of substances that can affect performance accounted for 6.09 percent of all findings. Class 1 and Class 2 substances are generally considered “doping” and together they account for 9.03 percent of all 2019 detections.

As in prior years, the overwhelming substance detections (69.75 percent) involved therapeutic medications (Class 4 and 5 substances) that may affect performance to a lesser extent, but are still not permitted to be present in a horse when it races. With the exception of race day furosemide to mitigate or prevent bleedings, horse racing does not permit use of these substances with a therapeutic use exemption as defined in the World Anti-Doping Code.

21.83 percent of the detections involved Class 3 substances. These have a greater ability to affect performance and contain substances which may be therapeutic as well as those that might indicate a deliberate attempt to cheat.

This information represents the official testing results from all horse racing US jurisdictions, except Maine which did not respond to repeated requests for information.

Like the testing results in human and Olympic sport, these numbers should not lessen the resolve of the sport and its regulators to pursue substances that the labs are unable to test for. This is an ongoing challenge for the anti-doping programs in all professional sport and underscores the need for intelligence based efforts in this regard as well as intelligence based out of competition testing.

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