'Weighted' testing to be major part of HISA program

The United States Anti-Doping Agency would determine which horses are selected for post-race and out-of-competition testing under proposed rules released on Monday, in a departure from the current practice in most states of mandating that certain horses are automatically selected for testing, such as winners of races.

The proposed rules were posted on Monday on the website of the Horseracing Integrity and Safety Authority, a national body created by legislation passed late in 2020 which would replace the current state-by-state regulatory system for racing. The rules, like a similar tranche released 10 days ago, are available for public comment on the HISA website, and they will be forwarded to the Federal Trade Commission before the end of the year. The FTC will have a separate public-comment period and approval process.

USADA, a private, non-profit company, is negotiating with HISA on a contract to administer the authority’s medication and doping-control programs. USADA officials have played a heavy role in formulating the proposed rules that govern the programs, according to officials involved in the effort.

While the proposed rules hold many similarities to the regulations currently in place at state racing commissions to obtain and protect samples, the regulations released on Monday also contain a long list of factors that can be used to determine whether a horse should be targeted for testing, including “association with a third party … with a history of involvement in doping”; “financial incentives for improved or degraded performance”; and “reliable information from a third party.”

The proposed regulations describe both “weighted” testing and “random” testing.

“Testing that is weighted should be prioritized and be conducted according to defined criteria which may take into account the risk factors to ensure that a greater percentage of at-risk” horses are selected, one rules states.

In most racing states, the top finishers in nearly all races are targeted for testing, and stewards have discretion to order additional sampling from horses that did not perform as expected. Officials supportive of HISA have hinted in the past that a new system of medication and doping control may shift that focus, and the proposal rules confirm that the industry is likely to move away from a paradigm of testing the top performers in every race held at U.S. tracks once HISA goes into effect on July 1.

The rules also state that a main purpose of the HISA testing program will be to gather “intelligence” for potential investigations.

“The second purpose … is to establish rules for the efficient and effective gathering, assessment, and use of anti-doping and medication control intelligence and for efficient and effective investigations into possible anti-doping and medication control rule violations,” the rules state.

Another portion of the rules released on Monday deals with the adjudication of “major” and “minor” violations of the medication and anti-doping rules. Under those rules, an “independent” panel of arbitrators will adjudicate major infractions, while a “national stewards panel” will be established to handle minor infractions.

“Both arbitrators and stewards are to be considered arbitrators or umpires within the meaning of the Federal Arbitration Act,” the rule clarifies.

The panel of arbitrators will consist of “no more than ten members appointed by mutual agreement” of the HISA board and USADA, the rules state. They will each serve four-year terms.

The stewards panels will consist of “as many individuals as necessary” to handle the case load, and it will consist of “impartial stewards or otherwise qualified individuals,” according to the proposed rules.

The panels will hear cases only if the licensed individual requests an appeal after having a penalty handed down by USADA, according to the rules. The rules also lay out the requirements of the licensee both prior to and during any hearings to appeal penalties. Licensees will be allowed to be represented by counsel under the rules.

The final major section of the proposed rules released Monday deal with the accreditation of testing laboratories. The industry’s current system of accreditation, which is run by the Racing Medication and Testing Consortium, will be replaced under the new rules, though HISA may allow a “transition phase” for labs as they comply with the new regulations.