HISA and the U.S. Anti-Doping Agency fail to reach a deal

The Horseracing Integrity and Safety Authority has suspended negotiations with the U.S. Anti-Doping Agency regarding its potential future role as the independent enforcement agency for HISA’s Anti-Doping and Medication Control program.

Under the Horseracing Integrity and Safety Act of 2020, the USADA and HISA had been engaged in good-faith negotiations but were unable to reach final terms, according to a HISA news release on Thursday.

To date, USADA has led the process of writing draft rules for HISA’s ADMC program. In line with the HISA statute, the authority said it is evaluating options for engagement with other leading independent enforcement agencies.

HISA said in its statement that the draft Racetrack Safety regulations  submitted to the FTC earlier this month will be implemented as scheduled by the FTC on July 1, 2022, after review, public comment and education periods. There will be a temporary delay in submission of the Anti-Doping and Medication Control draft rules to the FTC until a new independent agency can be identified and an agreement finalized.

HISA said this will allow it and another independent enforcement agency to reach an agreement and build on the progress that has been made with USADA. HISA expects this process will permit the full implementation of the final ADMC rules in early 2023.

“We are deeply grateful for USADA’s hard work, expertise and leadership in working with HISA’s Anti-Doping and Medication Committee to develop comprehensive draft rules in a remarkably short period of time,” HISA board chairman Charles Scheeler said in the release. “HISA will continue our search for an independent enforcement agency to oversee the Medication Control protocols. The Authority will also work with the FTC to ensure the Racetrack Safety Program advances on schedule. When operational, the program will provide critical enhancements to protect the health and safety of equine and human athletes.”

In a follow-up statement from the USADA, the agency said it was "disappointed" an agreement could not be reached, noting "we desperately tried to reach an agreement to implement the program.

“We are deeply disappointed to announce that we have been unable to reach an agreement with the Horseracing Integrity and Safety Authority for USADA to become the enforcement agency for the anti-doping and medication control program for thoroughbred racing under the Horseracing Integrity and Safety Act.  After months of negotiations, we have been unable to enter an agreement in line with the requirements of the Act, and one which would have given us a reasonable chance to put in place a credible and effective program.  While we are obviously saddened by the outcome at this stage, we tried our absolute best to find a way forward but without success.” 

“While we desperately tried to reach an agreement to implement the program, without compromising our values, we have always said the passing of the legislation and the finalization of uniform, robust rules are huge victories for the horses and the equine industry.  We are honored to have been involved with these efforts to restore the integrity of thoroughbred horse racing. Though we are unsure what the future holds for USADA – if any – in this effort, we have offered to assist the Authority and others in the industry to ensure that the sport gets the program it needs and that the horses deserve.”

Additionally on Thursday, the National Horsemen's Benevolent and Protective Association – which has filed a lawsuit in an effort to stop the implementation of HISA – provided the following statement:

"The National HBPA continues to stand steadfast behind our belief that the HISA Act is an unconstitutional delegation of authority to a private organization.

"With that said, after the events announced today we hope members of the Authority take into strong consideration partnering with an enforcement agency that understands the nuances of the horse-racing industry and recognizes the significant positive strides this industry has made in both safety and integrity.

"Now would be a perfect opportunity for the Authority to mesh the safety regulations that have been put forth with the best of the model rules currently established throughout the United States."