Like many of you, I read Rusty Arnold's open letter about his positive test with interest, and carefully considered the concerns that he identified. Also, like many of you, I am privileged to personally know, and respect Rusty, so I do not take his criticisms lightly. Rusty identified some of the challenges inherent in administering an equine anti-doping and medication control (“ADMC”) program that is efficient, effective, and fair. However, it is important to note that those same challenges existed long before HISA and HIWU came onto the scene. In fact, there is no difference whatsoever between the prohibition of, and the testing for, Tramadol (the substance found in Rusty's horse) pre- and post-HISA, nor for the application of the trainer responsibility rule. There is a difference in the sanction, however, which is less severe under HISA. But more importantly, HISA is doing, and will continue to do, whatever it takes to help make our ADMC Program as effective and fair as it can be.
Let me start by laying out the relevant history of Tramadol, an opioid analgesic, in horseracing. Tramadol has always been a prohibited substance under ARCI rules; it was originally a Class A penalty and was changed to Class B in March 2016. In fact, Carol Cobb, a Kentucky trainer, was ordered to serve a 180-day suspension in 2021 for Tramadol (the violation arose prior to March 2016.) Every international racing jurisdiction bans Tramadol. Under FEI rules (sport horses), Tramadol is classified as a doping–not medication–substance, and a positive test yields a presumptive two-year ban. Under HISA, Tramadol is a Class B violation because HISA's ADMC Committee recognized that there are legitimate indications for the use of Tramadol in a horse outside of a race. A Tramadol positive now comes with a 15-day suspension, which can be reduced to seven days if the trainer accepts the consequences without a legal challenge (which is what Rusty opted to do in this case). HIWU testing specifications for Tramadol are consistent with TOBA's Graded Stakes testing which were in place prior to the implementation of the HISA ADMC Program. Kentucky samples were previously tested to the TOBA standards, as the KHRC did not distinguish between stakes and non-stakes races when testing for Tramadol. So, put simply, nothing has changed regarding the treatment of Tramadol in Kentucky, except that HISA has a more lenient sanction than previously applicable to Kentucky trainers.
One of two things is true for any substance: it either has a legitimate, medically justified use in Thoroughbreds and is permitted to be administered properly–or it doesn't, regardless of whether it's been proven to enhance performance. If a substance has no legitimate therapeutic use, then as an industry we need to ensure these substances are not permitted in a horse's system–whether intentionally or unintentionally. In addition, while horsemen's fears are understandable, in truth the risk of “contamination” causing a positive test is exceedingly low. Nonetheless, HISA firmly believes that maintaining a backstretch free of contamination is a responsibility that must be shared amongst all racing stakeholders, and not fall exclusively on horsemen's shoulders.
So, what are HISA and HIWU currently doing to help protect horsemen from the risk of contamination?
The Atypical Findings Policy: This program applies to environmental contaminants (e.g., ractopamine, caffeine) and hormones that the horse can produce on its own (e.g., testosterone). The full list of Atypical Findings substances can be found here. HISA Anti-Doping and Medication Control Program Atypical Findings Policy – HIWU. If any of those substances are detected in a horse's sample, HIWU recognizes that they may likely be the result of contamination, and an investigation is initiated to determine the likely source or cause of the positive test. If HIWU is satisfied that the likely source of the positive was contamination, the trainer is never charged with a violation, and it is never made public. Since HIWU took over testing nine months ago, there have been 35 positive tests suspected of being environmental contamination and only two have been pursued as violations. The public has not heard of these positive tests, because they are disposed of confidentially; in short, it's a successful program.
Inadvertent Transfer of Human Drugs of Abuse: This is a modification that HISA made in response to a request from the Horsemen's Advisory Group. This separate protocol applies to a list of substances including cocaine, marijuana, methamphetamine, and oxycodone, and is included in the revised rules sent to the Federal Trade Commission.[1] If any of those drugs are detected in a horse's sample, the expectation is that it is likely inadvertent human transfer, and, assuming that the new rules are approved, the ineligibility period will be capped at 60 days (unless of course there are concerns, based upon the available evidence, that the drug may have been intentionally administered.). While HISA awaits the approval of the new rules, HIWU is putting any cases that would result in a shorter ineligibility period under the new rules on hold so that horsemen who have such cases now will be able to benefit from the proposed rule change if it is approved.
All Track Accreditation Visits Now include Cleanliness and Protocol Reviews related to Receiving Barns: Beginning in 2024, once HISA became alerted to Horsemen's concerns, these receiving barn reviews were added as a mandatory requirement at all HISA track accreditation visits.
What are HISA and HIWU planning to do to further protect Horsemen from the risk of contamination?
Random Use of Mobile Drug Test Pouches: Prior to Rusty Arnold's letter, HISA had purchased a significant number of Mobile Drug Test Pouches and is engaging in discussions with HISA's Racetrack Accreditation team and HIWU on how these tests might be deployed under a protocol that would further assist HISA in reducing contamination risk from the backside.
Daily Monitoring by HIWU Investigators: Also previously planned, HIWU investigators stationed at racetracks will employ a daily “to do” list each morning beginning on March 14, which will include the monitoring of common areas for horses, such as receiving barns, for cleanliness.
Continually Review Testing Levels to Address Contamination Issues: As an integral part of HISA's Laboratory Harmonization Initiative, the laboratories continually review testing levels for harmonization, contamination risk, and to ensure consistency with the goals of the ADMC Program.
What can horsemen do to help?
If you See Something, Say Something: As an industry, we are all in this together. We need to know when horsemen observe contamination risks at racetracks if we are to be effective. Please email HISA at [email protected] with any photos or concerns and we will follow them up immediately. We will keep the source of all such communications strictly confidential.
Maintain a Strict Policy against Urination in the Stables: We understand that trainers cannot be everywhere and see everything. But your employees should know that urinating in the stalls is prohibited and, if they do, there will be serious consequences. To be most effective, this should come with reminders to employees to apply hygienic practices, especially handwashing.
If You Can Afford Them and the Racetrack does not Provide Them, Install Webcams in Your Barns: HISA encourages the installation of cameras whenever and wherever possible for an additional layer of risk protection. HISA will be working to promote more widespread use of cameras at racetracks.
Use Best Efforts to Avoid Hiring Drug Users in Your Barn: We understand that this may not be obvious when you hire someone, but you should at least have a policy in your stables of avoiding the knowing hiring or retention of drug users.
In sum, HISA and HIWU are fully committed to a fair and effective ADMC program that minimizes the risk of holding anyone without fault accountable for an anti-doping or controlled medication rule violation. If everyone does their part as listed above, we believe that goal is attainable. The HISA ADMC Program will always prioritize the inherent integrity of the program by treating everyone, no matter their stature, the same. We will never allow personal views, or the reputation of any individual racing participant, to supplant what the laboratory reports or related science dictates. (In fact, the Horseracing Integrity and Safety Act prohibits HISA/HIWU from taking any trainer's pre-HISA history–good or bad–into account.) Having the regulator decide who are the “good” guys and who are the “bad” guys, would completely undermine the integrity of any program, and make HISA's mandate entirely futile.
We hope by outlining our program and explaining how trainers can contribute, you will see that we take this issue seriously. HISA and HIWU always welcome constructive industry feedback on our programs as we continue to refine processes and protocols. Feedback can be submitted directly to HISA at [email protected] or to the Horsemen's Advisory Group here at [email protected]. Please don't hesitate to continue to provide feedback and suggestions of any nature, so that we can work together to reach the important goals that are in the common interest of all industry stakeholders.
[1] The full list includes the following substances: i) Cocaine/Benzoylecognine; (ii) Methamphetamine; (iii) Methaqualone; (iv) Methylenedioxyamphetamine (MDA); (v) Methylenedioxyethylamphetamine (MDEA); (vi) Methylenedioxymethylamphetamine (MDMA);(vii) Oxycodone; (viii) Phencyclidine (PCP); and (ix) Tetrahydrocannabinol (THC).
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