Thoroughbred Horsemen's Association
Posted: Nov. 4, 2024
For more than a year, our organizations have been working collaboratively with HISA to seek modifications to the anti-doping rules that inhibit a horseman’s rights to fair due process, reclassify drugs and medications that are considered banned but do not present a substantial risk to the health, safety and welfare of the horse or the integrity of racing, and modify penalties for violations that are appropriate as a deterrent but not irreparably harmful. We understand the need for vigilance and uniformity, but believe that discipline has to be proportional to the circumstances in each case.
The first step in this ongoing effort with HISA was to get the drugs of human substance abuse in the Banned Substances category to be separately classified and penalized because of the substantial likelihood of contamination. We urged that the practice of Provisional Suspensions be eliminated except for egregious violations that present an immediate concern about equine welfare and racing’s integrity. The results of our efforts were that HISA agreed to recommend rule modifications to the FTC that withheld provisional suspensions in cases involving human substance abuse drugs until the B Sample test results were received, with a maximum penalty of 60 days if the accused horsemen could not present evidence that contamination was more likely than not.
We have continued our discussions with HISA and have urged it to:
Eliminate Provisional Suspensions except in egregious cases that present a threat to the health, safety and welfare of the horse or the integrity of racing;
Engage with us in a process to review the anti-doping and enforcement rules as to the Banned Substances to ensure a fairer system of due process that considers the seriousness of the violation;
Review the Banned Substances list with the RMTC to determine if certain substances should be separately categorized; and
Revisit and, where appropriate, modify the penalty structure for Banned Substances and allow for objective standards to be used in exercising discretion.
We are pleased that through our collective efforts HISA today has taken a critical first step by moving to restrict the use of Provisional Suspensions so that they are invoked only in cases involving multiple positive tests for the same banned drug, possession of a banned substance, or a violation that presents a substantial risk to the health, safety and welfare of the horse or the integrity of our sport, and by lifting any current Provisional Suspensions that do not fall within the listed criteria.
We continue to engage with HISA on the above issues and others that are of concern to us. It has been our view since the inception of HISA that our best approach for horsemen, and the industry-at-large, is to engage with them to fix the new system where it is flawed and make recommendations that will cause improvements. While we have been criticized at times for not appearing to be fighting for our horsemen, nothing could be further from the truth. Effecting change is sometimes difficult and time-consuming, but we have been listening and working every day to do so. We are engaged with HISA regularly and can assure you that they, too, are listening and engaging with us in our collective effort to protect our horses and our sport. We believe that is the best course.
We will keep you posted on our collective on-going efforts.
HISA released the following statement Nov. 4:
Following a resolution proposed by HISA’s Horsemen’s Advisory Group, which was also supported by the Thoroughbred Horsemen’s Association, HISA’s Board of Directors announces the following policy change effective immediately regarding the Anti-Doping and Medication Control Program and the imposition of Provisional Suspensions of covered persons. Commencing immediately, the HISA Board has requested that the Horseracing Integrity & Welfare Unit limit the circumstances under which they exercise their discretion to impose a Provisional Suspension on covered persons.
The HISA Board has determined that further analysis and review on the issue of Provisional Suspensions is necessary to determine whether any modifications to the current rules are appropriate. While this review takes place, the HISA Board requests that HIWU impose Provisional Suspensions only under circumstances where (i) a covered person has more than one horse test positive for the same Banned Substance; (ii) a barn search leads to the discovery of the same Banned Substance for which the covered person is being charged under the ADMC program; and/or (iii) the alleged violation presents a substantial risk to the integrity of racing and/or the welfare of horses. Consequently, all Provisional Suspensions that do not fall within any of these defined categories will be lifted Nov. 4, 2024.