Background:  Current ADMC rules include a rule adopted from the World Anti-Doping Code requiring that any Responsible Person (i.e., trainer) whose Covered Horse tests positive for a Banned (doping) Substance be Provisionally Suspended while his/her case is being processed.  A Provisional Suspension does not in any way change the presumption of innocence and is not an early determination of guilt.  Instead, it is intended as a precaution to safeguard the integrity of the sport, horse welfare, and the rights of rule-abiding trainers.  Provisional Suspensions have been instrumental in protecting the integrity of other sports and were introduced into horseracing for that reason.

Discussion: Last Friday, HIWU was informed that a split (B) sample did not confirm the original   Laboratory finding, and, accordingly, pursuant to the ADMC regulations, HIWU dismissed the violation against a trainer who had been Provisionally Suspended 20 days earlier.  This raised concerns regarding the imposition of Provisional Suspensions at this early stage of the ADMC Program’s rollout. Consequently, HISA’s ADMC Committee, which has oversight of the HISA ADMC rules, held a meeting and decided to make various policy decisions regarding the imposition of Provisional Suspensions under the ADMC Program.  Various proposals received from horsemen’s groups were considered during the course of these discussions.

Policy Change:  The following policy changes will be effective immediately and shall apply

to any Responsible Person Provisionally Suspended following a positive test for a Banned

Substance:

1. Any Responsible Person who requests that the B Sample be analyzed following a positive test for a Banned Substance shall be eligible for postponement of the effective date of the Provisional Suspension until such time as the B Sample result is returned. If the B Sample confirms the A Sample, the Responsible Person shall be Provisionally Suspended upon Notification of the B Sample confirmation, except that the Responsible Person shall not be required to scratch any Covered Horses entered to race prior to Notification of the B Sample confirmation. However, the Responsible Person shall not be entitled to enter any Covered Horses to race subsequent to Notification;
2. Any Responsible Person who does not request the B Sample analysis shall be Provisionally Suspended upon such election, except he/she shall not be required to scratch any Covered Horses entered to race prior to Notification of the A Sample positive finding. However, the Responsible Person shall not be entitled to enter any Covered Horses to race subsequent to Notification;
3. Any Responsible Person with more than one horse that tests positive for the same Banned Substance within a six (6) month-period or who has received notice of another potential violation relating to a Banned Substance (e.g., possession, use) shall not be eligible for delayed imposition of a Provisional Suspension as set forth in paragraph 1 above;
4. Covered/Responsible Persons will continue to be Provisionally Suspended upon the notice of the A Sample result if the result involves the detection of the following Banned Substances:

3,4- methylenedioxypyprovalerone                                Methylphenidate;

  (MDPV, Bath Salts);                                                            Mitragynine;

Alpha-pyrrolidinovalerophenone                                     Myo-inositol trispyrophosphate (ITPP);

  (Alpha PVP);                                                                          Nikethamide;

Amphetamines (e.g., Methamphetamine,                    Opioids (natural and synthetic) and

  Cathinone, Mephentermine, Methcathinone);           opioid agonists (e.g., apomorphine,

Benzylpiperazine (BZP);                                                         hydrocodone, hydromorphone,

Chlorpromazine;                                                                      oxycodone);

Erythropoietin (EPO) and EPO mimetics;                       Pentylenetetrazol;

Ethylphenidate;                                                                     Phencyclidine (PCP);

Etorphine;                                                                                Phendimetrazine;

Fentanyl and Fentanyl analogs;                                        Phenmetrazine;

Mazindol;                                                                                 Strychnine;

Meldonium;                                                                            Synthetic cannabinoids;

Metaraminol;                                                                         Tetrahydrocannabinol (THC); and

Methaqualone;                                                                      Venoms and toxins (e.g., alpha

Methylhexanamine;                                                               cobratoxin, ziconotide, botulinum

                                                                                                       toxin)

5. During a Provisional Suspension, which is not a Final Suspension, Covered/Responsible Persons may engage in caring for and exercising their Covered Horses, except they cannot breeze or race Covered Horses registered to them. Should they want any Covered Horses to breeze or race, they must transfer those horses to another Responsible Person (i.e., trainer) in a bona fide transfer approved by the stewards. If the Responsible/Covered Person is an Owner, ownership of the Covered Horse must be transferred in order for it to be eligible to breeze or race.   In addition, Covered/Responsible Persons: (i) must take down or cover any personal signage bearing their name or related to their operations where the Covered Horses are located at the racetrack; (ii) cannot claim Covered Horses or bring new Covered Horses into their barn; and (iii) cannot be employed in any capacity involving Covered Horses (including, but not limited to, acting as an agent for an Owner of Covered Horses or working as an exercise rider for Covered Horses.)

Additional Notes:

• The Policy Change shall also be applied to any currently suspended Responsible Persons. HIWU will be in contact with all those currently Provisionally Suspended to explain next steps.
• The Responsible/Covered Person must pay for the B Sample analysis within seven (7) calendar days of requesting it. In cases of financial hardship, and upon the demonstration of such hardship, the Covered Person may be entitled to a payment plan to cover the cost of B Sample analysis.
• This new Policy will remain in effect for so long as the ADMC Committee deems appropriate. Should the ADMC Committee decide at some future date to abandon or modify it, the industry will receive at least thirty (30) days’ advance notice.

Public Reporting under the ADMC rules will continue to occur at the time of the EAD Notice of the A Sample positive test.

July 14, 2023 (Lexington, KY) – The Anti-Doping and Medication Control Standing Committee (ADMC) of the Horseracing Integrity and Safety Authority (“HISA”) has re-considered the Intra-Articular injection rule and has issued new guidance regarding its enforcement.

HISA ADMC Rule 4222 prohibits Intra-Articular injections on Race Day, within 14 days prior to Post-Time and within 7 days prior to any Timed and Reported Workout. Effective July 16, 2023, the Horseracing Integrity & Welfare Unit (HIWU) will sanction the Responsible Person of any Covered Horse that violates the prohibition on Intra-Articular injections within 7 days prior to a Timed and Reported Workout as follows (within a 365-day period):

• 1st violation: $3,000 fine.
• 2nd violation: $6,000 fine, 10-day suspension.
• 3rd violation: $10,000 fine, 30-day suspension.
• 4th violation: $20,000 fine, 60-day suspension.
• 5th violation: $25,000 fine, 120-day suspension.

Beginning July 16, 2023, Covered Horses will not be subject to a period of ineligibility for violations of the Intra-Articular injections Workout rule or Race Day rule, unless multiple violations involving the same horse are incurred within the 365-day period.

Until this new guidance takes effect on July 16, and in accordance with guidance previously announced on June 26, the prohibition on Intra-Articular injections within 7 days prior to any Timed and Reported Workout will continue to be enforced only against the Covered Horse through the imposition of a period of ineligibility of 30 days. The sanctions associated with the prohibition on Intra-Articular Injections within 14-days prior to Post-Time have not been modified, other than the fact that the Covered Horse may not be suspended.

The full language of today’s issued guidance, which was approved by the HISA ADMC Standing Committee and the HISA Board, can be found on HISA’s website.

Under Rule 4222, the day of administration is considered day 1. A horse may breeze on day 8 following administration and may enter to race at any time, provided the race is on day 15 or later.