After false start, racing’s federal drug rules take effect again

After a false start nearly two months ago, sweeping anti-doping and medication regulations were restored Monday, putting racing under one set of drug rules across the country.

“The resumption of the anti-doping and medication control program is not only an important milestone in our mission to strengthen the integrity and safety of Thoroughbred racing but also a necessary step towards our collective goal of always prioritizing horse welfare,” Lisa Lazarus, CEO of the Horseracing Integrity and Safety Authority, wrote in a newsletter Thursday. “I am confident that the Horseracing Integrity and Welfare Unit is prepared to implement the modernized collection protocols, the centralized and efficient results-management system and the intelligence-driven investigatory oversight racing deserves.”

The devil has been in the details. There has not been much opposition to the idea of having one set of common rules. Just what those rules should be and how they were created became bones of contention that polarized racing’s stakeholders.

“Rather than strengthening our industry or protecting horses, this law is a threat to our rights and Thoroughbred horse racing,” National Horsemen’s Benevolent and Protective Association CEO Eric Hamelback wrote in a statement late last month. “The courts have previously ruled in favor of horsemen’s efforts to stop this illegal law, and we hope to be successful again.”

On Thursday, though, Texas federal judge Wes Hendrix refused a request from the National HBPA and other plaintiffs to block the new rules from being restored this week. Although court fights over HISA’s constitutionality will continue, the regulations are in effect at least for now.

According to HIWU executive director Ben Mosier, the 132 pages of new regulations include these high points: There is one list of banned substances and methods. Lasix will not be allowed for stakes and 2-year-old races, but it will be OK for all others. Drug testing will be less random, and stewards and veterinarians with “boots on the ground” will provide what Mosier called “an intelligence-based strategy.” Whistleblowers have been promised safe, anonymous platforms to report violations. Laboratories must provide post-race test results within one to two weeks. HIWU will be responsible for informing and citing trainers when horses fail drug tests. Third-party arbitrators largely made up of state stewards who do not have skin in any given case will judge them.

After two years trying to restore Medina Spirit’s 2021 Kentucky Derby victory that was wiped out by a failed drug test, trainer Bob Baffert said Sunday at Pimlico in Baltimore that he welcomed the new rules.

“I think that’s good, because I think that California is probably stricter than they are,” he said. “So I think it’s a good thing.”

Baffert made the statement the morning after National Treasure won the Preakness and after Havnameltdown suffered a fatal injury during an undercard race.

On the other side, there are lower-profile trainers who believe the new rules will drive them out of the game because of added costs that have yet to be defined.

“I think the people that are making these rules, I don’t think they understand horses,” said John Salzman Jr., whose gelding Coffeewithchris finished last in the Preakness. “The rules need to be made by somebody that’s been in this business and understands what we do and understands the care these horses get.”

The new medication rules took effect the first time March 27. Four days later, Hendrix put them on hold because the Federal Trade Commission hastily approved them without offering a 30-day window for public comment.

Tracks in Texas and Nebraska are not affected, because their regulators and operators opted out of HISA amid the court fights. As a result, Lone Star Park and Fonner Park are not allowed to accept bets on their races from out of state.

Now that the regulations are in place again, Lazarus expressed confidence that a new and better era for racing was beginning.

“With support and cooperation from horsemen and participants, we have the ability to truly transform how racing governs safety to better protect both horses and riders and strengthen public trust in this great sport,” she said. “I am confident, despite the challenges we face, that we can deliver on this promise.”