HISA: Devilish details defined
/Words - Annie Lambert
Not everyone required to opt into the Horseracing Integrity & Safety Act is pleased to oblige. The confusing regulations have left many with less than a clear understanding of what the new rules actually mean. Those details have constantly fluctuated and will probably continue to shift past their application.
Not everyone hates the idea, however. The intent was to make United States Thoroughbred racing safe, fair and ethical for everyone involved through national uniform standards. The legislation, H.R. 1754 passed in 2020 as part of a COVID-19 relief bill. Once signed by President Donald J. Trump, HISA officially became law.
The legislation includes racetrack safety program protocols that began July 1, as well as anti-doping and medication control regulations, under the direction of Drug Free Sports International, to be finalized by January 1, 2023. The governing body of HISA, referred to as the “Authority” in the legislation, did not leave an abundance of time for the busy and independent members of the racing community to thoroughly digest the new rules and oversights before being asked/required to become obligated by registering themselves and their horses. The Authority refers to those within their jurisdiction as “covered,” such as covered horses and covered persons.
According to the Authority, as of June 29th, 20,537 people and 23,070 horses were registered. In addition, 20 of 24 states under HISA Authority were in agreement or expected to comply.
Not signing up means a person or horse may not participate in racing. Once signed up, however, being misinformed or not following the rules can land people and equines severe punishments, large monetary fines and/or disqualification from industry participation.
To date, stakeholders who feel the regulations are overly invasive and confusing appear to outnumber those who believe HISA is necessary to save the horseracing industry.
Digesting the Law
Signing your name to a contract that is technically not complete and subject to changes that may influence your livelihood understandably terrifies any human nature. The extensive rules, regulations, protocols and punishments for non-compliance seem daunting.
An undertone from the backsides of many racetracks suggests that horsemen would feel more comfortable if they had additional time to digest the legislation prior to registering. Instead of the July 1, 2022 deadline, how about pushing the implementation to 2023?
HISA’s CEO, Lisa Lazarus, implied publicly the law was the law, in spite of aggressive timelines; the Authority has been responding to some of the many questions posed by the public. They will continue to educate racing industry participants.
According to HISA’s Liz Beadle, they are unsure what to expect when it comes to the number of probable stakeholder registrations.
“We aren’t going to venture a guess,” Beadle offered via an email. “Since such a registration process has never existed at the national level before, it’s unclear how many people and horses are or will be participating in racing. It should be noted that the universe of people expected to register is limited to the 24 states conducting covered horse races under HISA’s authority.”
Basically, everyone now licensed by any state racing commission must be registered by HISA to continue to work and/or run horses or work with horses (such as vendors) within restricted areas of the tracks. Any horse in training or racing at an approved racing facility must also be registered. There are no fees required to register, and you need only register one time. Those registered may unregister at any time.
People responsible for registering horses, usually the trainer, are required to keep daily records for each animal. Records required include any administered medications, therapeutic procedures, treatments and surgical procedures. Those records must be given to regulatory veterinarians, stewards and HISA when requested, making it important that they be updated daily.
Owners and jockeys must also register for HISA “to participate in Thoroughbred racing.” If an owner’s horse is not in the care of a trainer, it is the owner’s responsibility to register his horse.
Trainers are required to complete continuing education classes for licensing, in addition to registering all horses in their care. As noted previously, they must agree to keep health, vaccination, training and daily treatment records for each horse in their care. Fortunately there is Equine MediRecord, a relatively new enterprise, specializing in securing those daily records. (See Sidebar #1)
Trainers entering a horse into a claiming race have given their consent to transfer that horse’s veterinary and treatment records from the prior 60 days to the new owner, should it be claimed. Claims will be voided if the horse dies or is euthanized on the track, has a positive test, bleeds or is unsound within one hour post-race.
Claimed horses are required to go to the test barn. Whether those horses will be tested is unclear. If tested, who will pay for that protocol? The claimed horse will be immediately transferred to new connections, but what happens if a test comes back positive weeks later? A voided claim could end up in more litigation.
Covered riders—jockeys and exercise riders—are required to participate in continuing education, to take a physical exam and complete a baseline concussion protocol test. They will be required to use HISA-approved safety vests and helmets. A medical history card is to be carried inside the vest when on a horse. Riders are also obliged to study and follow new riding crop rules.
Only approved riding crops will be allowed under HISA rules and may be inspected by the safety officer, stewards and the clerk of the scales. The specifications include being a maximum weight of eight ounces, no more than 30 inches in length with a set amount of shock-absorbing material.
Enforcement of the crop specifications may be postponed to August 1, 2022, due to a shortage of manufacturing resources.
Use of the riding crop, for jockey or exercise rider, is only to maintain the horse’s attention for safety and encouragement. A rider may only use the crop on the hindquarters a maximum of six times during a race. The crop is only to be used two or fewer times before allowing at least two strides for the horse to respond before using the crop again.
A rider may tap the horse on the shoulder with the crop when both hands are on the reins and touching the neck. It is legal to show/wave at the horse with the crop without physical contact. It is not legal to raise the crop with the rider’s wrist above the helmet.
New horseshoe regulations will not be enforced until August 1, 2022, to ensure adequate inventory of HISA compliant shoes.
Basically, on both fore and hind feet, toe grabs, bends, jar calks, stickers and traction nails will be prohibited on all dirt, synthetic and turf surfaces during training and racing. The only exception is for full rim that is two millimeters or less in height from ground surface of the shoe and that extends the entire circumference of the shoe, used only on dirt and synthetic surfaces.
Purportedly, bar shoes, pads, glue on shoes, quarter crack patches may only be applied by a covered veterinarian. Those official regulations, however, will come in another phase of the bill.
Edicts & Concerns
An open letter was sent to Lazarus on behalf of the Thoroughbred Horsemen’s Associations, Inc, Kentucky Thoroughbred Association, Thoroughbred Owners of California and Thoroughbred Owners and Breeders. The communication pointed to several areas of concern for stakeholders within the legislation.
Many horsemen outside the organizations cited by this letter have similar concerns and more. Here are a few:
HISA has been vague in defining some of the rules and protocols. For example, there is not clear guidance as to what is permitted at training facilities and out of competition horses (layups) as compared to racetracks. Perhaps a list of approved training facilities and farms, including which HISA rules will be enforced at these facilities.
Medication lists, classification types and protocols seem to be lacking clarification. To date there is no list of controlled medications with guidance for legal usage. Most medication violations stem from controlled therapeutic medications used to enhance equine quality of life. A therapeutic use exemption could be useful.
There should be a distinction between prohibited medication and controlled medication violations. As now written in HISA, every violation of every type requires unnecessary and costly legal defense costs. Prohibited substances that show up during testing due to accidental contamination causes reputational harm to stakeholders when officials overreact and go public before investigating thoroughly.
There should be distinct definitions between punishments prescribed to prohibited substances, specified substances and controlled medications. After all, very few positive tests can be attributed to actual doping incidents each year.
The confusion and conflicts created by the aggressive enactment of the HISA legislation causes concern that egregious problems could arise when the Anti-Doping and Medication Control Program (ADMC) is executed January 1, 2023.
So many factors within HISA deserved more oversight by horsemen before being written into the law. Little things like allowing suspended horses to train while not able to race. Allowing ownership groups to decide which principle should be the managing partner. Collecting a post-race urine sample at the horse’s stall (with regulatory oversight) when he cannot relax and provide urine at the test barn.
Better definitions for “race day” and “official timed works.” The overreach of the HISA Authority having a say in when a horse should be retired is wrong in any horseman’s realm. Owners, not a non-horseman entity, should make the decision of retirement.
Litigation & Money Woes
Multiple lawsuits have been filed on behalf of state racing commissions and other racing entities. The courts have overruled most suits, while others are pending appeal. The Texas Racing Commission (TRC) has declined to abide by HISA’s federally mandated program.
Texas law cites that only the TRC can make rules and regulations for Texas racing. HISA demands that state racing commissions enforce the rules and regulations per HISA.
Amy Cook, executive director of the TRC, has announced that Texas will allow wagering on out-of-state racing signals at simulcast locations in the state. The TRC will not, however, allow pari-mutuel wagering at a Texas meet that is HISA-compliant or the export of simulcast signals to other states.
According to Cook, all pending requests for approval of the import and export of pari-mutuel simulcast signals will be considered and approved on a case-by-case basis. Texas horse racing will therefore be confined to Texas. It has been predicted that the state will take a financial hit from the decision; it remains to be seen if the ominous financial predictions come to fruition.
Litigation was recently filed on behalf of Louisiana and West Virginia, their respective state racing commissions, the Louisiana Horsemen’s Benevolent and Protective Association, Louisiana Thoroughbred Breeders Association, the Jockeys’ Guild and several Louisiana individuals considered “covered persons” under the Authority.
The complaint basically cited that HISA was unconstitutional by overstepping state racing commissions, has multiple violations of the Administrative Procedure Act and violated the Fourth and Seventh Amendments of the U.S. Constitution, which guarantee a right to a jury trial and protection against unreasonable search and seizures.
A federal judge in Louisiana denied the litigants’ request but gave the defendants in the suit—HISA, its CEO Lisa Lazarus and the Authority’s board members, the FTC and individuals associated with the FTC—until July 14 to respond to the motion.
One of the great unknowns regarding HISA has always been, “Who pays what and how?” That question has only been partially and vaguely answered. Racetrack operators, industry stakeholders and the betting public obviously have monetary concerns. HISA’s first year operating budget is roughly $14.3 million.
Fees are calculated whereby those states or tracks with the highest handle, purses and number of starts will pay the largest assessments. Each state racing commission decides whether to opt in or out of collecting and remitting fees for the program. If a commission opts out, the responsibility falls to the tracks and horsemen.
Five states have chosen to fund their portion of HISA: California, Colorado, Kentucky, Minnesota and Virginia. Each state has a little different formula for collecting their fees.
For example, California will owe $1.4 million to the Authority for 2022. The state purportedly will split the payment between Thoroughbred horsemen, through purse revenues, and Thoroughbred racetracks, via commissions, from their share of Advance Deposit Wagering (ADW). The California Horse Racing Board has stated this will not affect bettors.
The other states are funding their HISA invoice in a variety of ways, and some have yet to make a decision.
Out in the Cold
A Facebook page titled Horsemen Arguing HISA has arguably exposed sincere concern and even fear from stakeholders who are looking at their livelihoods vanishing directly in front of them.
Their main concerns circle around fairness to backstretch workers, the fact that not enough input in the HISA legislation came from horsemen and that the true welfare of the horses has been overlooked in some areas. Were stakeholders left out in the cold as rules and regulations were written?
With no or little input from horsemen, those industry workers have suspicions that animal activists like People for the Ethical Treatment of Animals (PETA) and the Humane Society of the United States (HSUS) may have influencers among those within HISA. Many questions and concerns submitted to the HISA website and at various meetings across the country went unanswered.
Prohibited protocols and penalties are also worries for the horsemen. Why is it taboo to ice a horse pre-race? Human athletes use ice in competition regularly. How can it be prohibited to fire shins on horses (beginning with the 2022 foal crop), but legal to fire splints and curbs?
Investigative powers seem over-the-top to many on the backside. The Authority would have access to all properties and places of business with the right of seizure for covered persons in question?
The concerns go on and on, as does a growing distrust. Covered persons have had trouble being heard by those in charge of HISA—a lack of communication and transparency. Those under the HISA legislation would like to see it simplified using a more common sense approach.
On the Record
Equine MediRecord principles worked this year’s Preakness, including (l to r) Finlay Dargan, COO, Maryland Governor Larry Hogan, Pierce Dargan, CEO, and his fiancé, Alexandra May.
Most horsemen have a vivid aversion to bookkeeping. Understandably so… They’d much rather concentrate on training horses and keeping owners happy and informed.
The new Horseracing Integrity & Safety Act (HISA) requires trainers and veterinarians to maintain detailed, daily health and treatment records for equines in their care. Those records must be made available to regulatory veterinarians, stewards and HISA upon request. The record keeping also applies to layups that are being given rest time at off-track facilities.
Imagine the daily hours to keep up with a barn full of trainees. There is a solution—a software program—to ease the struggle.
Equine MediRecord became operational in 2018, the brainstorm of Pierce Dargan in County Kildare, Ireland. Dargan, a fifth-generation horseman, is the company’s CEO. Dargan’s system was created for his family’s training operation in Ireland to help keep current with racing regulations they faced at the time.
Trainers sign up with Dargan’s company platform, which allows them to keep the precise and tedious records required by HISA. Those with multiple stables and facilities can add assistant trainers and veterinarians to assist with inputting information.
“What our system then does is notify the trainer when a record has been put in by someone else for them to sign off, ensuring they know at all times what is being given to their horses,” Dargan explained. “Any horse with an open treatment on our system will [be marked], to remind the trainer to check this horse before entering into any races as there is still a treatment in the horse’s profile; this ensures the withdrawal period is completed before they race.”
Presently, the cost is $1.50 per horse, per month for the initial year, increasing to $3.00 per horse-month the second year. “We wanted to make sure this was a tool that all trainers, big and small, could afford,” Dargan said. “One of the benefits of having clients globally is we can spread the costs, making it cheaper for all.”
“We have done the Breeders’ Cup World Championships for the last two years, as well as the Pegasus World Cup, Saudi Cup and Preakness in 2022,” Dargan pointed out. “This has meant that top trainers such as Todd Pletcher, Chad Brown, Steve Asmussen and many others had to use the system to keep records for those races.”
“Seeing as [HISA] is the first time in the U.S. that trainers will be having to keep these records nationwide, we are now in discussions with multiple trainers to keep the system outside of these large racing events,” he added.
Sorting Through HISA
The Horseracing Integrity and Safety Act of 2020 (HISA) contains many, many of pages of government speak. It can be confusing and difficult to discover the answers you are seeking. Perhaps knowing how the general categories are listed may help. HISA will hopefully include a search engine in the future.