With USADA out, search is on for new federal drug enforcer

Horse racing's new federal authority remains in a state of flux with regard to who will enforce its drug policy, mere months before implementation. Despite losing out on its first choice, the authority does have options for its next enforcer.

When the U.S. Anti-Doping Agency announced on Dec. 23 that it had been unable to reach a deal with the U.S. Horseracing Integrity and Safety Authority, it appeared that one of the tentpoles of the new authority would be missing. When the original HISA bill was announced by U.S. Sen. Mitch McConnell (R-Ky.) and passed in 2020, USADA’s involvement was touted as a way to ensure integrity for the sport.

With that deal off, the authority is faced with the task of finding a new regulator for drug and medication enforcement. HISA did not respond to a query as to which organization could take over or a timetable for an announcement. But it did say in a Tuesday release that its new CEO, Lisa Lazarus, will be in charge of finding a new “best-in-class” enforcement agency.

Related: Federal authority names attorney Lazarus as CEO

Losing USADA “is unfortunate, but it’s not the end of the world or the end of HISA or anything else,” Dr. Mary Scollay, who is on the authority’s anti-doping and medication control standing committee, told Horse Racing Nation. “We’ll figure it out.”

Scollay said she was not directly involved with negotiating the next drug enforcement provider for HISA. But she said a few organizations are possibilities, in her opinion, notably the U.S. Equestrian Federation and the FEI (Fédération Équestre Internationale).

She also noted that whatever organization is placed in charge of enforcement will need to meet standards set by HISA.

“I don’t think that anybody feels the need to just go out there and grab the first organization that smiles at us,” Scollay said. “Certainly not – we want to do it right. So I think there will be a thoughtful process in identifying the proper service provider. The timeline for that, I don’t know.”

The USEF serves as the national governing body for equestrian sport in the U.S. and selects and trains the U.S. Equestrian Team for international competition. The organization conducts testing for horses under its jurisdiction and appoints veterinarians to attend shows and events to perform the drug tests. 

A representative for the USEF said there had not been contact between that organization and HISA regarding taking over drug enforcement.

The FEI is the worldwide governing body for horse sports, as recognized by the International Olympic Committee. It also conducts drug testing and enforcement as part of its duties in that role.

But an FEI spokesperson said in a statement that it will not take over U.S. racing’s enforcement.

“The FEI is fully committed to safeguarding horse welfare,” the statement read. “However, the FEI has no jurisdiction with regards to horse racing.”

While other equine enforcement agencies exist, HISA could opt to use one that operates for humans, much as USADA was planning to operate.

“There are other organizations that provide similar services in equestrian sports,” Scollay said. “And there are other organizations related to human sports, so all is certainly not lost.”

The loss of USADA meant HISA’s proposed medication regulations have not been sent to the Federal Trade Commission for approval in time to begin enforcement. The track safety rules have been sent to the FTC and are expected to be approved in time for July 1 implementation.

As for whether HISA’s ask of a new enforcement organization would change because of having differing resources from USADA, Scollay said she was unsure.

“I think we see who’s interested in engaging,” Scollay said. “Then they let us know what their resources are, we let them know what our resources are and we find out how things mesh.”