Jockey Club Opposes Multiple Violator Changes

The Jockey Club plans to actively oppose proposed changes to the current multiple medication violation penalty system (MMV) on the agenda for consideration by the Association of Racing Commissioners International (ARCI) Model Rules Committee Dec. 8 in Tucson, Ariz.

Changes to the current MMV system would eliminate points assigned for violations tied to Class D penalties, reduce points assigned for violations tied to Class C penalties (Class D and C call for the lowest level of penalties on the ARCI Uniform Classification of Guidelines for Foreign Substances), increase the points threshold before the initial multiple violator penalty is assigned, and reduce the time points remain on a trainer's record.

The changes have been recommended by the industry's Racing Medication and Testing Consortium although they were opposed by The Jockey Club in its RMTC vote. In a statement released Dec. 6, The Jockey Club said changes are not needed to the current system, which is one of four pillars of the National Uniform Medication Program.

"The Jockey Club collaborated with several other industry organizations affiliated with the RMTC in the original design of the MMV penalty system, and we all shared a common goal: the creation of a consistent and fair system of penalties that would punish repeat violators and act as a deterrent to discourage such behavior," said Jockey Club president Jim Gagliano. "The proposed changes would eliminate points for the lowest penalty category and reduce both the number of suspension days and the time period points would stay on a horseman's record."

The Jockey Club asks the RMTC to withdraw its request for the changes.

"The industry has long struggled to create and implement national uniform rules of drug testing and enforcement," Gagliano said. "Weakening the penalties that were designed to reduce the frequency of repeat offenses is a step in the wrong direction."

Supporters of the changes believe the MMV system would retain effectiveness while reserving the harshest penalties for horsemen with violations involving substances that call for the most severe penalties on the Association of Racing Commissioners International (ARCI) Uniform Classification of Guidelines for Foreign Substances. 

RMTC vice chairman and Thoroughbred Horsemen's Association chairman Alan Foreman, who helped shape the proposed changes, said he wanted the teeth of the program reserved for substances in the Class A and B penalty categories. To date, only three trainers have been sanctioned under the MMV.

Foreman believes it's important to differentiate between therapeutic substances that have legitimate use in the horse and substances that have no therapeutic value and are being used to increase performance. He believes the harshest MMV penalties need to be reserved for the latter. 

"The guys who were serving these multiple penalty suspensions were committing therapeutic violations," Foreman said. "We were trying to change the conversation to separate out the doping from the non-doping violations. And all we're talking about are the non-doping violations. These are drugs that have very little potential to affect the outcome of a race but the violations create the image that we're doping horses."

NUMP is the industry's effort to bring uniformity in medication rules and policies to all racing states. It is fully in place in 11 states: Arkansas, Delaware, Indiana, Massachusetts, Maryland, North Dakota, New Jersey, New York, Pennsylvania, Virginia, and West Virginia. To date, only 12 states have adopted the MMV provision of NUMP, which also calls for the CTS list, use of accredited labs, and third-party administration of furosemide. Of those four provisions, states have been slowest to adopt MMV. 

The MMV uses a points system, similar to that of many state departments of motor vehicles, in which violations are assigned points. When a violator reaches a points threshold, they face additional sanctions. 

Currently a substance calling for Class C sanctions carries one point if it's on the list of Controlled Therapeutic Substances and two points if it is not on that list. The proposed changes would see those points reduced to a half-point and a point, respectively. Currently substances calling for a Class D penalty carry a half-point if on the CTS list and one point if not on that list. The proposed changes would see no points issued for Class D substances. The changes would see Class C points increased if more than one violation occurs in a 365-day time period.

Currently a trainer with 3-5.5 points is subject to an extra 30-day suspension. The changes would call for added sanctions to not begin until the 5.5-point threshold. At that point, stewards would have discretion of imposing 15-30 days, rather than specifically 30 days. No other thresholds would be changed but discretion would be added at each of the four stages.

Foreman noted that attorneys general in states that have not adopted the MMV policy have said that it's too rigid—set suspension days are applied as opposed to allowing for a range of days. That setup could leave the policy vulnerable if challenged in court.

"We looked at it to see if there were tweaks to the system that wouldn't water down the system—it would still accomplish what we were trying to accomplish—yet was more fair and also brought in jurisdictions that were reluctant to do so," Foreman said.

The proposed changes were outlined in a Nov. 26 BloodHorse magazine story. A follow-up Keeping Pace blog tried to determine how the changes may play out in terms of effecitveness by applying them to the available public record of currently suspended trainer Rick Dutrow Jr. That story said the proposed changes would have reduced 390 MMV days that would have been applied to the Dutrow record to as low as 75 days.

The Jockey Club on Dec. 6 asked RMTC members to reconsider their positions on the changes.

"In the wake of a recently published report about prospective changes that would weaken the penalties of the Multiple Medication Violation (MMV) Penalty System, The Jockey Club states its continuing opposition to such changes and requests that the Racing Medication and Testing Consortium consider withdrawing those changes before they are presented to the Association of Racing Commissioners International," Gagliano said. "Repeated polling has affirmed that our sport is struggling against a strong negative public perception, due in large part to lax drug regulation.

"The Jockey Club urges our fellow members of the RMTC to reconsider the proposed changes to the MMV Penalty System at this time. We need stronger penalties, not watered down ones," he added.

RMTC executive director Dionne Benson said some states have said their laws require latitude in sanctions, making it difficult to adopt the current rule. Other proposed changes, specifically a provision on latitude if it's determined contamination occurred, are supported by the National Horsemen's Benevolent and Protective Association.

National HBPA chief executive officer Eric Hamelback believes his organization would support the MMV with the changes in place.

"This should be a catalyst to get NUMP moving in those states where it's held up," Foreman said.

Foreman would like to see initial penalties strengthened for phenylbutazone and other non-steroidal anti-inflammatory medications but does not favor changing their penalty status. (BloodHorse initially misunderstood Foreman in this regard and mistakenly reported he favors moving NSAIDs from Penalty C Class to B Class. Foreman favors tougher penalties for NSAID violations without a change in penalty class.)

"We’ve also gone back to RCI because the current penalty guideline may be too liberal with respect to phenylbutazone and the non-steroidal anti-inflammatories in that under current guidelines, you can get away with a few violations and not pay too much of a penalty," Foreman said. "It was the clear consensus of the penalty committee that RCI needs to revisit that one portion of their guidelines. They’re too liberal."

The ARCI Rules Committee also is scheduled to examine policies and procedures to out-of-competition testing (OCT). An RCI sub-committee called for OCT that will allow the collection of any "biologic sample that enhances the ability of the commission to enforce its medication and anti-doping rules." It calls for an "adequate substitute for a warrant," by describing what may be searched, providing a properly defined scope of search, and limiting discretion of the individuals who conduct the search.

It would call for all collections to be conducted at a reasonable time, a purpose limited to enforcing equine drug rules, rebuttable presumptions that certain horses are eligible to be sampled, a pre-approved plan for selection of horses, and that sample collectors present credentials and disclose their purpose.