HISA Rule Changes Include Tougher Penalities

Streamlined adjudication, strict penalties for the most egregious offenses, and greater transparency of the process are among the highlights in the Horseracing Integrity and Safety Authority's updated proposed rules for its anti-doping and medication control program.

The proposed rules have been published on the HISA website so racing participants have the opportunity to review them and provide any comments before they are submitted for approval July 1 to the Federal Trade Commission. After the rules are vetted by the FTC, a final version will be published and the rules will go into effect Jan. 1, 2023.

One of the key changes to the draft rules is a division among the list of prohibited substances between banned substances and methods, which are banned at all times; and controlled medication and methods, which are prohibited on race day.

If a horse tests positive for a banned substance, a trainer faces an immediate two-year suspension.

"There's a presumption that for the responsible person, if there is a violation, there is liability and the horse is immediately suspended until such time as there is a hearing to argue whether it should be lifted," said Lisa Lazarus, CEO of HISA. "The responsible person is also immediately suspended."

Under the HISA rules, the "responsible person" will commonly be the trainer but could also be the owner or a managing owner, depending on whether a horse is stabled at a racetrack or a private facility.

A two-year suspension can be reduced by mitigating circumstances, such as a trainer proving a horse was given a banned substance without his or her knowledge. But the burden of proof is on the trainer. A penalty can also be extended, even doubled, if a trainer is found to be involved in distributing banned substances or tampered with or attempted to tamper with a sample.

Lazarus also said the timelines for adjudicating violations have been tightened.

After a trainer receives a letter, he or she has 10 days to either accept the result or request that a split sample be tested. If a case goes to a hearing, a decision is to be rendered within the following 14 days.

The automatic suspension for a banned substance or method helps keep cases moving forward, according to Lazarus.

"The covered person, typically the trainer, will be far more motivated for the case to move forward because he or she won't be able to participate in horse races until the suspension is lifted," she said.

Lazarus added that she recognizes cases may have exceptional circumstances that require some deadlines to be flexible.

"We think the efficient management of these cases is really important for everyone involved and the public, so we are going to follow those timelines as much as we can, but if we, at any point, feel like it's impeding a participant's ability to defend themselves properly or fully, then adjustments can be made," she said. "We're not going to compromise due process. But again, if you're dealing with a banned substance, they're going to be suspended during the case processing period."

All drug positives will be reported on the HISA website as well, according to Lazarus, as will each step in the processing of a case. "If there is a hearing to lift a suspension, it will be reported, as will the decision. The transparency component is going to be really important," she said.

All racing participants are encouraged to review the draft ADMC rules, as well as a letter from ADMC Committee chair Adolpho Birch that summarizes the revisions that are posted on the HISA website. Any feedback should be submitted via email to admcfeedback@hisaus.org over the next several weeks.

In other HISA news, Lazarus said recent efforts to get all licensed racing participants as well as active racehorses and horses in training registered, as required by law, have made substantial progress.

A week ago, only a few hundred registrations had been completed, but now submitted registrations are between 6,000-7,000, with a significant number being filed daily. The registrations completed so far are estimated to be about half of the total number of licensees.

HISA soon will start working with racing secretaries who can identify trainers, owners, and jockeys who have not registered when a horse is entered in a race. After July 1, anyone not registered will have a "can't race" flag associated with their license, and an entered horse will be scratched if the participants are not registered prior to the race.

"We're hoping that that period of time between accepting an entry and the warning, being told that if you are not registered by July 1 or by race time, you're going be scratched, is going give them the motivation," she said.