Understanding the Horseracing Integrity & Safety Act

THE DEVIL WILL BE IN THE DETAILS

By Annie Lambert

Legislation written by the United States Congress is often—if not always— a compilation of gobbledygook legal verbiage, which is barely intelligible even to the composers. The 25 pages of H.R.1754, the Horseracing Integrity and Safety Act of 2020 (HISA), is no exception.

HISA was passed through the U.S. House of Representatives by a unanimous voice vote on September 29, 2020. The legislation was a long time coming. Predecessors of HR 1754 were proposed in various forms since 2011. Most revisions were developed similar to the Interstate Horseracing Improvement Act of 1978, which was never passed by Congress.

The final HISA legislation passed the Senate December 22, 2020 and was signed into law by President Donald Trump a few days later on December 27. HISA will concentrate on ensuring the integrity of Thoroughbred horse racing and the overall safety of racehorses and jockeys through national, uniform standards that will include anti-doping and medication control, along with racetrack safety programs. 

Barry Irwin, founder and chief executive officer of Team Valor International, has been at the forefront of rooting for more integrity in the racing industry for two decades or longer. As a turf writer, breeder, owner and bloodstock agent for over a half-century, Irwin looks forward to seeing the industry’s reputation improved.

“THE WHOLE POINT OF THE (LEGISLATION) IS THAT WE WANTED

AN INDEPENDENT ORGANIZATION TO BE IN CHARGE”. Barry Irwin

In an October 2004 Blood-Horse Op-Ed, Irwin wrote: “The single greatest problem facing the game—how to restore integrity to the race itself—is not receiving the attention it so desperately requires.”

For more than two decades, international owner-breeder Barry Irwin has been at the forefront of rooting for more integrity in the racing industry

As an avid track and field fan, Irwin drew a parallel to cheaters in those sports to cheaters in racing. He became and remains involved with the Water, Hay, Oats Alliance (WHOA) to stop the use of drugs in racehorses. 

“Right now I hardly race our horses in America; all my horses are in Europe,” he pointed out. “I just can’t stand running against these guys that cheat. It’s not like I’m not doing well—I’m having a hell of a year. I’m in it for the fun and the sport and to prove something. I’m not in it to win at all costs.”

Owner and breeder Jeff Bloom, proprietor of Bloom Racing Stable, has worn many hats in the racing industry for 37 years: jockey, racing manager, bloodstock agent and broadcaster. Bloom agrees that racing needs to transition to a new standard of operation.

“As an industry, I think it is imperative that we come to an agreement that there needs to be a uniform and centralized governance, making decisions as it relates to medication and safety issues across the various racing jurisdictions,” Bloom opined from his base in Arlington, Texas. “It is going to take some work to transition over to the new way of doing things, but in the end, the industry as a whole is going to be substantially better for it.”

Not every entity in racing is willing to accept HISA regulations without a fight. Under the leadership of its president, Doug Daniels, DVM, the National Horsemen’s Benevolent & Protective Association (NHBPA) has already filed a federal lawsuit challenging the constitutionality of HISA. Last March, the suit was filed on behalf of the NHBPA and 12 state HBPA chapters. Named as defendants in the suit were 11 individuals based on their official capacities as related to the FTC and HISA’s Authority.

In a statement, Dr. Daniels and the NHBPA Board of Directors made their position clear: “The National HBPA’s focus has always been, and remains, the health and safety of the horse, the safety of the jockey and the safety of all individuals coming into contact with the horse, including grooms, hotwalkers, trainers and veterinarians. With that, the affiliates of the National HBPA remain strongly committed to the welfare of our human and equine athletes and will remain persistent in its efforts through the National HBPA to achieve national uniformity based on published, scientifically determined regulatory thresholds, with published, scientifically determined withdrawal time guidelines, all based on and supported by data published in the scientific literature.”

There are other HISA skeptics in a variety of positions within the industry, but most prefer to hold their opinions until the details—now being written into the act—are completed. It is anticipated those details may be made public by the end of 2021.

It is hoped the new protocols will increase racetrack revenues by boosting the public’s confidence in wagering and ensure public confidence of safety within the sport

HISA Particulars

HISA creates the “Authority,” which is an independent, nonprofit corporation, created and authorized by Congress to establish and enforce medication, anti-doping and racetrack safety rules and programs for the United States Thoroughbred racing industry. In other words, HISA has been lawfully entrusted to take on its rulemaking and enforcement activities.

Members of the Authority’s board and both the Anti-Doping & Medication Control and the Racetrack Safety standing committees are robustly putting their knowledge and expertise to pen the rules, regulations and protocols that will complete the details needed to enforce the act.

The Authority is tasked with implementing and enforcing a horse racing anti-doping and medication control program as well as a racetrack safety program for Thoroughbred racing. Even though the Federal Trade Commission (FTC) will have oversight over the Authority, the Authority will exercise absolute and independent national command over anti-doping and medication control and racetrack safety matters for all Thoroughbred racing and training in the United States. 

HISA will be guided by a board of directors consisting of nine members, five of which are from outside the Thoroughbred racing industry and four from within the industry. Boththe Anti-Doping and Medication Control Standing Committee and the Racetrack Safety Standing Committee consist of four independent members and three industry members.

“They picked a lot of people [for the board] that have a great record, and their hearts are in the right place,” Irwin said. “At this point, we just have to trust these people to do the right thing. The whole point of the [legislation] is that we wanted an independent organization to be in charge.” 

(See sidebars for selected members.)

The Authority is structured to ensure that individuals outside the Thoroughbred industry are in the majority when considering key issues. However, it does survey significant industry input from the industry directors as well as members on advisory committees. There are also supermajority requirements for any material changes to the Authority’s rules as well as the oversight by the FTC.

The FTC will oversee the Authority in approving its rules and handling appeals in violation matters.

Medication minutiae

Medication baseline rules are established in the legislation, and the Authority is able to establish other rules, if approved by the FTC. To modify medication rules in a manner that would make them less stringent, HISA requires them to be approved by both the board and the United States Anti-Doping Agency (USADA). The USADA is described by HISA as the Authority’s medication control enforcement agency.

Per HISA, anti-doping and medication control program operations will be managed by USADA. They will conduct and oversee anti-doping and medication control testing and results management, independent investigations, charging and adjudication of potential violations and enforcement of civil sanctions for those violations.

Dr. Jeff Blea is the equine medical director (EMD) at the University of California, Davis, School of Veterinary Medicine. As EMD, he is the liaison between the university and the California Horse Racing Board (CHRB). 

“A lot of what I do is CHRB related,” Blea explained, “...handling complaints, overseeing investigators, making recommendations to the stewards, etc.” “Technically it is an advisory role, not the heavy hand that people think it is.

Blea is also on the HISA Anti-Doping and Medication Control Standing Committee.

“A lot of horsemen have hoped for a long time for uniformity and structure to provide a level playing field,” he said. “What’s interesting is that, in California, I think we are the strictest across the country. I think we are far above as far as welfare and safety. We are hoping that what we’ve gone through and the changes we’ve made will be similar to what we will see under HISA.”

“A lot of work is currently being done by the committees,” Blea added. “It is a work in progress and not ready for primetime yet.”

The racetrack safety standing committee will develop proposed safety expectations. They are to take into consideration existing safety standards, including those of the National Thoroughbred Racing Association Safety and Integrity Alliance Code of Standards, the International Federation of Horseracing Authority’s International Agreement on Breeding, Racing and Wagering and the British Horseracing Authority’s Equine Health and Welfare program.

Proposed safety standards will be presented to the Authority’s board to review and approve. If accepted, the final stamp of approval will come from the FTC.

Anti-bleeding medications such as Lasix will be banned in all two-year-old races and in stakes events until newer rules are implemented

The rules will be implemented in each state and at each track. The HISA legislation defines “covered persons” as owners, trainers, veterinarians and racetracks for horses that run in races with interstate wagering. All racing states—currently 38 in the U.S.—will automatically be subject to the rules and regulations of HISA. The Authority and the USADA will have the right to enforce their compliance.

Once HISA becomes operative on July 1, 2022, states will lose the power to regulate or enforce their own rules. They will no longer have the ability to opt out of the Authority’s anti-doping and safety programs. Any covered persons or states that do not comply with the Authority’s standards, may face orders of compliance from federal courts.

The Authority and USADA will be able to enter into agreements with state racing commissions for the purpose of enforcement of racetrack safety programs, services consistent with the enforcement of the anti-doping and medication control program and to monitor and enforce racetrack compliance with the Authority standards. The Authority, USADA and the states, via collaboration, may choose to work together on how racing medication and safety regulation and enforcement will be handled in the state, but all cases remain subject to the final rules of the Authority. 

Safety specifics

HISA requires the Authority to develop training and racing safety standards, while taking into account differences between racing facilities. Some variation in standards will be allowed in different regions so long as they do not increase risks for horses and riders. The Authority hopes these differences will enhance the integrity and safety of Thoroughbred racing and increase racetrack revenues by increasing the public’s confidence in wagering and ensure public confidence of safety within the sport.

The legislation only preempts existing state laws and regulations relating to drugs administered to horses participating in races subject to interstate wagering and racetrack safety measures. Most rules and regulations within the authority of state racing commissions will not be affected. The unaffected rules include those related to wagering, licensing of racing participants, breed enhancement programs, sales of breeding and racing stock, types of races allowed, claiming of horses, taxation of racing and similar.

The Authority and state racing commissions may enter into agreements with the states to provide services agreeable with the enforcement of track safety programs as well as the anti-doping and medication control programs.

Duncan Taylor, president of Taylor Made Farm in Nicholasville, Kentucky, is looking forward to seeing the coming details after reading the HISA legislation. 

“I think [HISA] is very well put together and thought out,” said Taylor. “I think it is the greatest thing I’ve seen in our business; we need consistency in how we rule our sport.”

“Now what we have to do is quantify what actually happens when we put these rules in place,” Taylor continued. “We quantify what was good, what wasn’t good, then we tweak it and have a methodology of making a decision to go forward and make it better. Now we have a structure, and I think that is going to be very helpful to the sport.”