Louisville, Ky. – Horse racing’s new anti-doping and drug control program has stumbled out of the starting gate and has been delayed several times by almost a year due to lawsuits from opponents of the new rules and frustration from those striving for national uniform standards in the sport.
The Horseracing Integrity and Safety Act (HISA) came into effect on July 1, 2022 with two main components: racetrack safety and anti-doping and drug control.
Safety rules, including limits on how many times a jockey can whip a horse, began last year. Nevertheless, they did not prevent horse deaths. Four horses died in five days at Churchill Downs in the days leading up to Saturday’s Kentucky Derby.
The Anti-Doping and Medication Control Program (ADMC) should start at the same time as the safety program.
Instead, it was pushed back to January 1. Then that date was dropped when the Federal Trade Commission, which oversees HISA, refused to approve it due to legal issues. The FTC finally gave the OK for a March 27 launch and The ADMC came into effect for four days.
But a federal judge suspended the program for 30 days until last Monday, the start of Kentucky Derby week. Then last week the FTC pushed back the start to May 22 — two days after Preakness, the second leg of the Triple Crown.
“Like everyone else, I’m anxious to have everything set up and have a consistent order of work in place,” said trainer Todd Pletcher, who will saddle three horses including the two early favorites in Saturday’s Kentucky Derby.
“It’s going to be a learning curve for everyone,” he said.
The ADMC program includes drug testing, drug sampling, out-of-competition testing, decisions and penalties. Laboratories test for the same substances and at the same levels of screening, as opposed to different states testing at different levels. The new rules replace the patchwork of norms across the 38 US racing states, which vary by circuit and location.
“This program is about leaving a legacy and laying the foundation for the future,” HISA CEO Lisa Lazarus told The Associated Press over the phone. “I think this program will be around for many years to come.”
As part of the ADMC program, she said, there will be a far greater emphasis on out-of-competition testing, rather than just post-race testing.
“This will be very new to the industry,” said Lazarus.
Southern California-based coach Tim Yakteen notes that the tracks in his state already adhere to rules very similar to those of the ADMC.
“I don’t see it really changing a whole lot on my side. My team has already worked under the assumption that we are working under the HISA program,” he said. “That’s a big part of our job, adhering to the guidelines.”
The National Horsemen’s Benevolent and Protective Association has opposed HISA, filing several lawsuits along with Louisiana, Oklahoma, Texas and West Virginia challenging the constitutionality of the new governing body. The HPBA represents approximately 30,000 owners and trainers in the United States and Canada.
States argue that HISA abolishes state regulation of the sport in favor of rules set by a private entity rather than elected state officials working with riders.
HISA responded to riders’ concerns that they had little to no influence on the rules by forming an Equestrian Advisory Group. It consists of 19 owners, trainers and vets, as well as representatives from race offices, backstretch staff, blacksmiths and aftercare groups.
“When I took the job, I thought it would be running a national governing body for horse racing,” said Lazarus.
Instead, she was surprised at how it developed into a political debate about state rights versus federal rights.
“This can be a real challenge,” said Lazarus. “What I’m trying to say to people is we’re putting all of that aside and doing what’s best for the industry. Getting people to work together is really important.”
Ron Hillerich, a Louisville attorney who owns and breeds racehorses, said his small stable cannot afford the records and reporting that HISA requires. The cost of additional testing and veterinary exams will result in trainers passing more costs on to owners, he believes.
“The most important thing in all of this is that HISA’s regulatory zeal will negatively impact smaller stables and put them out of business,” he wrote in a recent comment.
Mike Repole, co-owner of early Kentucky Derby favorite Forte, said, “HISA may be part of the answer, but it’s a spoke in the wheel. We must always try to do more.”
Pletcher calls the ADMC rules “very labor intensive”. He said his large stable, which runs horses in several states, needs to hire someone to be responsible for the records and data.
“In a way, it’s not going to be that easy,” he said, “but hopefully the net gain on the other end will benefit the entire industry.”
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