With Law Changed, HISA Back in Court

Formal motion to set aside unconstitutionality ruling to be filed Jan. 3.

 

An attorney for the Horseracing Integrity and Safety Authority this week asked a federal appeals court panel to set aside its ruling declaring the entity’s underlying legislation facially unconstitutional, citing a recent amendment to the law.

A letter signed by Pratik A. Shah Dec. 29 on behalf of HISA formally notified the three-judge panel “that on December 23 Congress passed, and on December 29 President Biden signed into law an amendment” that gives the Federal Trade Commission more power to regulate the Authority.

The Fifth Circuit Court of Appeals, based in New Orleans, had declared the legislation facially unconstitutional for failing to give the FTC adequate oversight over the Authority, a private entity created by the legislation.

 

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Biden Signs Omnibus Bill With HISA Language Into Law

The sweeping bill contains clarifying language that gives more authority to the FTC.

 

As expected following passage from the House of Representatives and the U.S. Senate, President Joe Biden on Dec. 29 signed into law a $1.7 trillion omnibus spending bill that among its many items contained legal clarifying language related to the Horseracing Integrity and Safety Authority and the act that authorized it. Additionally, the bill, known as H.R. 2617, the “Consolidated Appropriations Act, 2023,” calls for consolidated appropriations for the fiscal year ending Sept. 30, 2023, and provides emergency defense assistance to Ukraine.

HISA was created to implement national, uniform rules in Thoroughbred racing. The first of HISA’s two programs, the Racetrack Safety Program, had already gone into effect in July of this year. It was HISA’s second program, the Anti-Doping and Medication Control Program, that was placed on hold. The ADMC program was originally slated to go into effect Jan. 1, 2023, but its implementation, even with the passage of H.R. 2617, remains delayed.

 

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LEGISLATIVE ALERT: Call and Email your Senators right away to vote “Yes” for the Grassley Amendment

 

Within the last few hours, Senator Chuck Grassley (R-IA) introduced the attached Amendment to strip references to the Horseracing Integrity and Safety Act (HISA) from the 4,000-page omnibus spending bill being considered this week in Congress. In response, we are releasing the following call to action: National Horsemen’s Benevolent and Protective Association CEO Eric Hamelback released the following statement.

 

“I want to praise Senator Grassley for his bold move to protect horsemen in Iowa and throughout the U.S. An amendment to HISA should not have been written in the dark of night and has no place in the 4,000+-page spending bill. You cannot fix a constitutionally flawed law with one sentence. The Grassley Amendment will ensure that real, working horsemen are listened to on how to fix the law that regulates their industry. The Grassley Amendment is picking up steam, and I urge all horsemen to call and email their Senators right away to vote “Yes” for the Grassley amendment.”

 

We need everyone to post and share this information as soon as possible.  We are working with the Kentucky HBPA to send a call-to-action email as well.

 

Please help spread this very important message as soon as possible and then contact your Senators to relay you want them to vote yes on the Grassley amendment.

 

Eric J. Hamelback

CEO, The National HBPA

3380 Paris Pike

KY Training Center

Lexington, KY 40511

859-707-1452 Cell

859-259-0451 Office

 

H. R. 2617: To amend section 1115 of title 31

 

Contact information for the U.S. Senators from Louisiana is:

Senator John Kennedy
https://www.kennedy.senate.gov/public/
416 Russell Senate Office Building
Washington, DC 20510
Office number 202-224-4623

Senator Bill Cassidy
https://www.cassidy.senate.gov/
520 Hart Senate Office Building
Washington, DC 20510
Office number 202-224-5824

HISA Required Vaccines and Tests Deadlines Approaching

Required Vaccines and Tests

The January 1, 2023, deadline to have all your required vaccines and tests recorded on the HISA portal is fast approaching. On this date, HISA will start enforcing this regulation, preventing your horse from racing if these vaccines and tests are A) not listed on the Horse’s Health records or B) not up to date, as required by HISA rule 2143.

The Required Tests and Vaccines:

  • Certificate of Veterinary Inspection

  • Coggins Test

  • Encephalitides Vaccine

  • Rabies Vaccine

  • Tetanus Vaccine

  • Influenza Vaccine

  • Rhinopneumonitis Vaccine

Exception

If a health certificate is submitted for a horse at a licensed racetrack facility or training center and is then transported directly to another licensed facility within the same state, another health certificate is not required to be provided. However, if the horse is transported from a licensed racetrack or training center to an unlicensed facility or farm between races or leaves the state between races, the health certificate must be presented.

Regulations for Each Test and Vaccine

HISA Rule 2143 establishes the requirements for each test and vaccine. In order to race, these requirements must be met. To ensure your horse can race, make sure your horse’s negative Coggins test and necessary vaccines are up to date, as required by HISA Rule 2143.

Why Does this Matter?

HISA is requiring that horses entering the grounds of a racetrack have updated vaccinations and tests to enhance the health and welfare of all horses on the grounds of a racetrack.

If you are unsure of how to enter these required health records into the HISA database via the online portal, HISA has produced several guides to help you. There are visual how-to guides as well as videos.

How to Enter Vaccines and Tests Guide

How to Enter Vaccines and Tests Video

Easy Vaccine Entry Guide

Easy Vaccine Entry Video

How to Bulk Add Medical Records Video

If you have any questions, do not hesitate to contact the Help Desk at 1-877-513-2919.

Mandatory Vaccines & Tests will be enforced Jan 1, 2023

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

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.

Horseracing Integrity and Safety Authority Names Dr. Peter Hester, MD as National Medical Director

October 11, 2022 (Lexington, Ky.) – Dr. Peter Hester, MD, an orthopedic surgeon specializing in sports medicine and currently practicing at The Lexington Clinic in Lexington, Kentucky, has been named National Medical Director for the Horseracing Integrity and Safety Authority (HISA), HISA announced today. As National Medical Director, Hester will focus on jockey health and welfare, working to mitigate the risk of injury, including concussion, as well as improving health care services to jockeys and sourcing affordable medical insurance for jockeys and their families.

“I have had the great privilege of working with many jockeys and exercise riders in my practice as they recover from injuries and surgery,” said Hester. “I have tremendous respect for the athleticism that their job requires and I am familiar with the risks associated with this profession. It is an absolute honor to have the opportunity to work with HISA as we implement new policies to protect and serve these courageous athletes.”

Hester has been serving on HISA’s Racetrack Safety Standing Committee as an independent member, but will resign from his seat on the Committee as he begins his new role. Going forward, Hester will continue to practice as an orthopedic surgeon at The Lexington Clinic while serving as HISA’s National Medical Director beginning October 28, 2022.

Hester completed his undergraduate studies at the University of Pennsylvania before attending medical school and completing his orthopedic surgery residency at the University of Kentucky. He pursued a Sports Medicine and Shoulder Surgery Fellowship at The Hughston Clinic and has been an orthopedic surgeon at The Lexington Clinic since 2002.

“Prior to HISA, the Thoroughbred racing industry lacked cohesive safety standards for riders, meaning their health protocols and minimum safety standards varied significantly from one state racing jurisdiction to another,” said HISA CEO Lisa Lazarus. “By setting minimum safety standards and appointing a National Medical Director, HISA is working to make the sport safer every day for all participants regardless of the level at which they compete. This is not a one size fits all process, and we are committed to working with each track individually as we navigate the transition toward a more centralized approach together as an industry. I have no doubt that Dr. Hester is going to be an incredible asset and advocate for jockeys and exercise riders across the country.”

Hester’s roots in racing run deep. He grew up in Garden City, New York, and his passion for the sport of Thoroughbred racing developed while working at Belmont Racetrack for Dr. William O. Reed, a renowned Equine Veterinary Surgeon. During medical school, Hester also worked as a night watchman and farm hand at Ballindaggin Farm.

In his new role, Hester will further HISA’s commitment to protecting jockey safety and welfare in coordination with individual tracks’ medical directors and other subject matter experts. Under HISA, every rider is required to have their medical information readily available at all times in case of an accident and must undergo annual physical examinations and baseline concussion tests to demonstrate they are fit to ride. HISA has also implemented uniform standards for concussion and return-to-ride protocols, in addition to requiring racetracks to provide insurance if state statutes do not allow jockeys to have access to workers compensation. HISA will continue to build on and improve these protocols, including by listening to and working directly with jockeys and others on the ground.

FTC Notifies Appeals Court of HISA Rule Change Proposal

By

 

The Federal Trade Commission notified the Fifth Circuit Court of Appeals in New Orleans by a Sept. 2 letter that the Horseracing Integrity and Safety Authority has proposed two rule changes to meet objections raised by two states and others in a federal lawsuit.

The suit originated in U.S. District Court for the Western District of Louisiana, which on July 26 issued a preliminary injunction curbing HISA’s power to enforce FTC safety rules in Louisiana and West Virginia and to all plaintiffs in the case. The ruling was not based on constitutional grounds.

The Fifth Circuit Court of Appeals Aug. 8 ordered that the district court injunction be stayed except for its application to three regulations while it considers an appeal of the injunction. Oral arguments on the merits of the case followed Aug. 30.

 

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HISA Hearings Scheduled for August 30

 

NOTICE TO ALL HORSEMEN

 

Hearings regarding HISA are scheduled for Tuesday, August 30, 2022, for approximately 10:30 a.m. at the US Fifth Circuit Court (600 Camp Street, New Orleans, LA 70130)

The Louisiana Thoroughbred Breeders Association encourages all Horsemen to attend and support Louisiana Attorney General Jeff Landry at his press conference scheduled for 9:30 a.m. outside the courthouse.

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

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.”

HISA Appeal to be Argued Aug. 30; Judge Denies Contempt Motion

By T. D. Thornton

The United States Court of Appeals for the Fifth Circuit will now hear oral arguments Aug. 30–slightly earlier than expected–in the injunction appeal brought by the Horseracing Integrity and Safety Act Authority (HISA) and the Federal Trade Commission (FTC).

Both entities are defendants in an underlying lawsuit that alleges unconstitutionality and federal rulemaking procedure violations regarding HISA’s initial framework of regulations that went into effect July 1.

The Appeals Court docket previously indicated a September oral argument date was being planned.

 

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