Spotlight on HISA as Global Symposium on Racing Opens

The Horseracing Integrity and Safety Act dominated Day One of the University of Arizona's Race Track Industry Program's Global Symposium on Racing, with four panels devoted to the federal legislation set to be implemented in stages starting July 1. Members of the Horseracing Integrity and Safety Authority walked attendees through draft rules for racetrack safety and anti-doping and medication control while emphasizing their intent to modify as necessary for as long as the programs exist.

"We will always be engaged in the process of continuous improvement," said HISA chairman Charles Scheeler, who set the stage with an overview of HISA and its timeline. "What we expect is that the program we roll out in 2022 won't be as good as the one we have in '23 or '24 or '25."

The July 1 deadline imposed by Congress will be met but with certain elements to be phased in over time. All safety rules will be in effect immediately, however the U.S. Anti-Doping Agency's role in medication enforcement will start only with out-of-competition testing and investigative work. Post-race testing as it will exist under USADA has been pushed to 2023.

"We thought mid-season handoff of raceday testing was fraught with danger and fraught with risk," Scheeler said. "State racing commissions have budgets and changing the operations in the middle of a budget cycle, we believe, and we've been told, creates an awful lot of problems. This will help to sync the HISA schedule with the state racing commissions' schedule. It will also allow labs to adapt new standards. We'll be able to get more feedback. And we'll have time to test more of our tech solutions."

The proposed safety rules have been submitted to the Federal Trade Commission for review, public comment, and approval. Draft anti-doping and medication control rules will be submitted later in December. Publication of the rules in the Federal Register will begin a 60-day public comment period. Once the FTC acts, either approving or disallowing the rules, a four-month waiting period occurs before the rules go into effect.

"We will spend those four months educating those who will come into contact with the HISA system on what they need to do," Scheeler said. "They will have certain responsibilities in terms of having to register with HISA, providing whereabouts of their horses, coming up with user-friendly ways to provide medications horses are taking, and what all the rules are and how to stay on the right side of the line."

Scheeler referred to a table showing the rate of catastrophic musculoskeletal injuries in the United States at 1.62 per 1,000 starts, significantly higher than other major racing nations.

"It is our collective responsibility to drive these numbers down," Scheeler said. "Not just in response to naysayers, but because we believe we can do better for the horses. We should not think of this as increased expenses. It will cost money, more than in the past, but this is an investment that we believe will yield dividends."

The amount of that investment is still unknown but Sheeler suggested a full budget can be formulated once the Authority's contract with USADA is finalized, which is expected to happen this month.

"We have a crystal clear mission," Sheeler said, "to make the sport fairer and to make the sport safer."

Anti-Doping and Medication Control Committee Describes 'Results Management Process'

Members of the Anti-Doping and Medication Control Committee presented the future 'Results Management Process' for positive tests. Jeff Cook, general counsel for USADA, described a chain of events starting with a "charging letter" informing a participant of their violation and an appropriate punishment. In the event of appeals, minor infractions will be heard within four weeks by a national stewards board. Major infractions will go within eight weeks to an impartial arbitrator hearing. Appeals of either type would go to an FTC Administrative Law Judge, then to the FTC or a state commission for review.

Penalties for a positive test, use, or possession of a banned substance will include suspensions up to two years for a "primary" substance —those that are prohibited at all times—and up to 30 days for a "secondary" substance—those that are prohibited only on raceday. Penalties can increase to four years, 10 years, or a lifetime ban, for repeat offenses with primary substances.

Adolpho Birch, senior vice president of business affairs and chief legal officer for the Tennessee Titans and chair of the committee, said an effective program should do three things—reward those who compete with integrity, deter anyone who doesn't want to, and punish those who violate the rules.

"The program that we would implement will give this sport its greatest opportunity to seek higher states of enjoyment, integrity, and participation," Birch said.

Safety Committee Focuses on Research and Education

Dr. Susan Stover, chair of the Racetrack Safety Committee, focused on existing research that informed the safety rules. Equine health is paramount, she said, but leads to positive outcomes in other areas.

"Protecting horses will prevent fatalities, but also keep horses healthy for longer careers with more starts," Stover said.

The Safety Committee will prioritize research and education.

"We have two opportunities," Stover said. "One is to create a window into understanding and preventing development of mild injuries. The second is preventing fatalities by detecting mild injuries and rehabilitating horses."

Required reporting on everything from training to medication, even during layups, will allow for an unprecedented depth of analysis that can reveal meaningful trends surrounding circumstances that lead to injury.

The 93 racetracks subject to HISA will all be required to undergo a review process similar to the NTRA's existing Safety & Integrity Alliance accreditation. Those that are currently NTRA accredited will receive an initial three-year HISA accreditation. Others will have one year to at least demonstrate a good-faith effort to come into compliance.

"HISA is here not only to increase our level of safety but improve our standing with the public," Stover said.

A racetrack that proves incapable of progressing on a path to accreditation could have their right to conduct interstate wagering revoked, Stover said, although that would be a last resort.

"We're not interested in putting racetracks out of business," she said. "We don't want any track to get to that point and we'll do everything we can to help them. There may be fines or other sanctions but that's not something we ever hope to do."

HISA Critics Speak Out

While the Tuesday morning sessions offered encouraging views on HISA and its transformative nature, the final HISA panel gave critics a chance to highlight some of the perceived deficiencies.

Ed Martin, CEO and president of the Association of Racing Commissioners International, warned that states are under no obligation to participate. Instead, they will expect HISA and the industry to fund these initiatives themselves.

"The states don't have to do squat," Martin said. "There are only a couple of states where funding is not a problem. If you're a state budget director and horse racing does not have the clout in your state that we wish it had, and Congress has passed a bill saying that states don't have to pay for this anymore… that's a decision that won't be made by state racing commissions."

Representatives from Quarter Horse and harness racing lamented how little their needs have been considered by the Authority. They have no intention of adapting to HISA as long as they're not being forced to.

"Everything we're hearing is that the breeds will not be included in the federal oversight and, to be quite frank, that pleases those of us at American Quarter Horse Association and most of the regulatory bodies that we're closely affiliated with," said Janet VanBebber, the accomplished trainer who now serves as AQHA's chief racing officer.

Similar sentiments were expressed by Mike Tanner of the U.S. Trotting Association.

"We just don't feel that HISA takes into consideration Standardbreds," Tanner said. "We're not even mentioned in the bill, but the way it's constructed it's inevitable that we will be pulled into this. It makes no sense for a state to not pull other breeds into it if they're already regulating Thoroughbred racing."

The issue of what implementation will cost was brought up again by VanBebber.

"I'm all for reform and ideas that make our industry better," she said. "My concern is that what's on the table right now has more questions than answers. I don't know about you all, but I don't ever sign a blank check. I want to know the amount of that check before I add my name on the signature line."