KHRC Seeks to Improve Transparency, Expedite Testing

The Kentucky Horse Racing Commission, which has faced criticism for limited public comment related to the adjudication of long-lasting cases involving medication violations, took steps April 19 to expand transparency and expedite split-sample testing.

In a meeting of the Kentucky Horse Racing Rules Committee Tuesday, attending members unanimously recommended two rule changes that will allow the KHRC to make public statements related to ongoing cases and limit the permissible time before split-sample testing can begin. The rule changes now go before the full commission, which is not obligated to honor the committee's recommendations but typically does.

The recommendations follow the KHRC's long regulatory and legal battle with the connections of Medina Spirit  that led to the colt's disqualification from the 2021 Kentucky Derby Presented by Woodford Reserve (G1) at Churchill Downs for the prohibited race-day presence of betamethasone. That ruling, which included a 90-day suspension and a $7,500 fine for trainer Bob Baffert, came almost nine months after the colt crossed the wire first. The KHRC provided few public statements outside of court during that time, citing its regulations.

Angst/King: Medina Spirit Disqualified From 2021 Kentucky Derby Win

In one instance, the KHRC did not refute claims made in December by attorneys representing the connections of Medina Spirit that testing of unique ingredients found in an ointment indicated Medina Spirit should remain the winner of the Kentucky Derby. Baffert trained Medina Spirit for owner Amr Zedan of Zedan Racing Stables before the colt's sudden death in December. 

Baffert—not the KHRC—was the first to announce that Medina Spirit had tested positive in the Derby, eight days after the race. He addressed the media, who had assembled outside his barn following rumors of a drug violation.

The KHRC also did not comment or acknowledge a positive regarding Hat Creek Racing's Averly Jane  after she ran first in last April's Kentucky Juvenile Stakes at Churchill Downs until she was disqualified in late January. Trainer Wesley Ward received a $500 fine and served a 15-day suspension for Averly Jane testing positive for metformin.

Ward, a member of the rules committee, did not participate in Tuesday's meeting. 

King: Averly Jane DQ'd for Diabetes Drug, Ward Suspended

According to KHRC general counsel Jennifer Wolsing, the recommended regulations would allow the KHRC to publicly disclose information regarding an alleged regulatory violation if such information will not unduly impact an investigation. Such disclosures could include the names of involved horses and individuals after they have been notified, the amount and type of a medication infraction, as well as the date of a stewards' hearing.

Stewards' and judges' hearings are further recommended to become open to outside parties unless unique conditions related to the case require a hearing to remain confidential. An open hearing would not require 24-hour notification to the public.

Concerning split-sample testing, the rules committee recommended new regulations that would require owners and trainers of horses testing positive to select an approved split-sample laboratory within five days of notification of available laboratories. The sample would then need to go to that laboratory within seven days of the laboratory's selection. 

Wolsing said the changes would "hopefully make the process a little more expeditious."

No specific cases were cited in Tuesday's meeting as a cause for the rule changes.

"A lot of people spent a lot of time to get to where we're at here today," said Mark Simendinger, chair of the rules committee. "It took a lot of work, but I think we're in a good place. And I think this moves the commission forward."