Category: Anti-Doping and Medication Control Program

FTC Publishes Resubmitted HISA Anti-Doping and Medication Control Rules to Federal Register

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January 27, 2023 (Lexington, Ky.) – The Federal Trade Commission (FTC) has published the resubmitted Horseracing Integrity and Safety Authority (HISA) Anti-Doping and Medication Control (ADMC) rules to the Federal Register, initiating a 14-day public comment period. The FTC now has 60 days to approve or deny the proposed rules.

HISA’s draft ADMC rules were initially rejected by the FTC in late 2022 due to ongoing legal uncertainties. HISA has resubmitted the rules for consideration by the FTC following a bipartisan act of Congress which addressed the constitutional questions raised by the Fifth Circuit Court of Appeals.

Now that the rules have been resubmitted and posted to the Federal Register, HISA anticipates that its ADMC Program will go into effect March 27, 2023, pending FTC approval. The resubmitted rules include a small number of minor revisions from the version submitted in August 2022. A clean version of the proposed rules is available on the Federal Register now and a red-lined version will be available on HISA’s website within the next 48 hours. In its December 2022 order, the FTC stated it would consider all previously posted comments on the Federal Register as well as any updated or new comments.

Upon implementation, the ADMC Program will be administered and enforced by the Horseracing Integrity & Welfare Unit (HIWU). The development of the ADMC rules included an initial public comment period, numerous open discussions and meetings with industry organizations and individuals, as well as the careful consideration of more than 200 comments submitted by racing participants and the general public.

Included in the rules package are the Equine Anti-Doping and Controlled Medication Protocol, the Prohibited List, Definitions, Arbitration Procedures, Equine Testing and Investigation Standards, and Equine Standards for Laboratories and Accreditation.

“The establishment of uniform, nationwide anti-doping rules in Thoroughbred racing will strongly enhance the safety and integrity of our sport and is a step many in our industry have long advocated for,” said HISA CEO Lisa Lazarus. “The health and safety of horses is our paramount concern, and the consistent enforcement and efficient resolution of rule violations will transform how we protect our equine athletes. We deeply value the input we’ve received from racing participants throughout the development of these rules, and I encourage all participants to continue to share their thoughts with us moving forward.”

HISA’s ADMC Program will advance and modernize anti-doping practices across the sport with components including out-of-competition testing, uniform lab accreditation, a uniform results management process, a robust intelligence and investigations arm and consistent penalties.

As HIWU prepares for the ADMC Program’s launch, the organization will continue to publish and share educational material with industry stakeholders, available at hiwu.org, and will host meetings with groups of racing participants to further educate on the new rules and answer questions.

Horseracing Integrity and Safety Authority Submits Prohibited Substances List to the Federal Trade Commission

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October 26, 2022 (Lexington, Ky.) – The Horseracing Integrity and Safety Authority (HISA) has submitted to the Federal Trade Commission (FTC) a technical document listing and categorizing 1,365 Prohibited Substances covered by HISA’s anti-doping and medication control (ADMC) rules and further dividing them into subcategories of Banned Substances and Controlled Medications. The document is now subject to final approval by the FTC ahead of the ADMC Program’s January 1, 2023 implementation date.

This technical document was developed by HISA’s ADMC Standing Committee and approved by the Horseracing Integrity & Welfare Unit (HIWU), which will administer the program. In a memorandum to racing participants, HISA ADMC Committee Chair Adolpho Birch summarized the contents of the document submitted, which underwent several modifications based on substantive feedback from racing participants and experts during a public comment period before submission to the FTC.

“The Prohibited Substances List is the result of extensive consultation with industry and subject matter experts and is informed by established research. Once approved by the FTC, it will serve as the backbone of HISA’s ADMC Program set to take effect in the New Year,” said Birch. “Through our collective efforts led by the ADMC Committee, we are proud to introduce U.S. Thoroughbred racing’s first-ever uniform Prohibited Substances list that will be applied on a national basis to advance integrity, transparency and accountability in the sport.”

“Effective anti-doping programs require clear guidance on prohibited substances, and we are pleased with the document that was submitted to the FTC,” said Ben Mosier, executive director of HIWU. “This list will play a key role in HIWU’s assignment to enforce HISA’s ADMC Program, and we are prepared to take on this critical responsibility on behalf of the Thoroughbred industry.”

In addition to listing and categorizing all prohibited substances covered by the ADMC Program, the document details detection times, screening limits and thresholds. The modified document submitted to the FTC is available on the HISA website.

Texas Congressman Introduces Legislation to Delay HISA

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HISA is responsible for creating and implementing uniform safety and integrity rules.

Rep. Lance Gooden, a Texas Republican, introduced legislation Oct. 4 in the United States House of Representatives that would delay the implementation of the Horseracing Integrity and Safety Act until Jan. 1, 2024, according to a release distributed by the National Horsemen’s Benevolent and Protective Association.

Some portions of the federal program created by the Act took effect in July, including the Racetrack Safety Program. HISA’s Horseracing Integrity and Safety Authority’s Anti-Doping and Medication Control Program is scheduled for implementation Jan. 1, 2023.

Groups from Texas and from a handful of other states are among those challenging the legality of HISA in court. Rulings from judges involved in separate legal cases are anticipated in the coming weeks or months.

 

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Horseracing Integrity and Safety Authority Submits Proposed Anti-Doping and Medication Control Rules to Federal Trade Commission

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August 18, 2022 (Lexington, Ky) – The Horseracing Integrity and Safety Authority’s (HISA) Board of Directors yesterday submitted its proposed rules for HISA’s Anti-Doping and Medication Control (ADMC) Program to the Federal Trade Commission (FTC) for final approval ahead of the program’s January 1, 2023 implementation date. These rules were developed by the Horseracing Integrity and Welfare Unit (HIWU) in consultation with the HISA ADMC Standing Committee before being presented to the HISA Board for approval. This comes after a public comment period and numerous open discussions and meetings with industry organizations and individuals, as well as the careful consideration of more than 200 comments submitted by racing participants and the general public.

“The comprehensive and uniform rules and regulations outlined in HISA’s ADMC Program will truly level the playing field for racing participants and fans across the country,” said HISA CEO Lisa Lazarus. “The ADMC Program’s standardized implementation of the rules and the consistent enforcement and efficient resolution of rule violations by HIWU will make for a fairer, more transparent sport, and horses will be safer as a result.”

The rules submitted to the FTC include the Equine Anti-Doping and Controlled Medication Protocol, the Prohibited List, Definitions, Arbitration Procedures, Equine Testing and Investigation Standards, and Equine Standards for Laboratories and Accreditation. Additionally, HISA recently made a draft Prohibited Substances List (Technical Document) available for public comment and will continue to solicit stakeholder input before submitting that document to the FTC at a later date.

“These rules and enforcement processes are informed by subject matter experts who understand anti-doping and therapeutic medication control, have been involved in creating and managing equine anti-doping and welfare programs, and have unparalleled experience in testing science and research,” ADMC Committee Chair Adolpho Birch said. “Out-of- competition testing, uniform lab accreditation and results management processes, a robust intelligence and investigations arm, and consistent penalties that are commensurate to potential rule violations are just a few of the components of HISA’s ADMC Program that will change thoroughbred horseracing for the better. Importantly, the rules and processes include and build upon successful state programs, such as the Multiple Medications Violations Schedule.”

The FTC’s approval process includes another public comment period during which industry representatives, horsemen, state regulators and the general public can once again weigh in on the proposed rules and regulations. HIWU will immediately begin working with state racing commissions and others across the industry to undertake a thorough stakeholder education process to ensure a smooth transition to implementation of HISA’s ADMC Program and HIWU’s ensuing enforcement. In the future, HISA and HIWU will also work with the industry to evolve the rules based on their feedback and as new data, science and experience on the ground dictates.

Jonathan Taylor, chair of HIWU’s Advisory Council, said: “These new ADMC regulations, incorporating best practice from current equine anti-doping programs and from the World Anti-Doping Code, and reflecting the extensive and helpful feedback received from stakeholders, promise a new beginning for U.S. Thoroughbred racing. The Advisory Council looks forward to overseeing and supporting HIWU’s efforts to implement and enforce these new regulations robustly, consistently, and fairly across the whole of the sport.”

The Change Ahead: Void Claim Rules Will Soon Become National, Via HISA

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by Natalie Voss

 

On July 1, the first round of new regulations are scheduled to go into effect as a result of the Horseracing Integrity and Safety Act (HISA). HISA will seek to bring about the uniformity in medication, testing, and safety regulation and enforcement which so many in the racing industry have asked for in recent decades.

As the Horseracing Integrity and Safety Authority fights multiple lawsuits challenging the constitutionality of the new organization, it remains to be seen when, whether, and how it will implement new rules. It has been made clear by those working for the Authority so far that it will not be a night-to-day change between June 30 and July 1, 2022, especially since the Anti-Doping and Medication Control Program will not go into effect until Jan. 1, 2023. There will also be a phase-in process for its Racetrack Safety Program, which in many ways will seek to codify best practices suggested by the NTRA’s Safety and Integrity Alliance and the Association of Racing Commissioners International.

Assuming the Authority is able to bring about this change, there are a few jurisdictions and racetracks that will be in for a rude awakening. In this series, we take a look at where American racing stands now with key parts of the new regulations. What do we know about the history behind new rules? How have some states fared after implementing safety rules voluntarily? What has stopped some jurisdictions from adopting these changes on their own? 

 

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Proposed HISA Rules Published for Stakeholder Review

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DRAFT REGULATIONS FOR PUBLIC COMMENT

The Horseracing Integrity and Safety Authority’s (the “Authority”) Standing Advisory Committees, comprised of experts from inside and outside the thoroughbred racing industry, and the independent U.S. Anti-Doping Agency (USADA) published initial drafts of proposed rules for public comment.

As prescribed by HISA, USADA has led the drafting process of the Anti-Doping and Medication Control Program; three of the six documents pertaining to the program, including the proposed Equine Protocol, Prohibited List and Definitions have been posted to date and the remaining documents will be published over the next two weeks. In addition, and separate from USADA’s work, the Racetrack Safety Program, has also been posted for public review.

To view the draft work products and register to submit feedback,

Click Here