While we all understood that the launch of a new and sweeping Congressionally mandated regulatory framework for Thoroughbred racing would present challenges, we believed it was our responsibility to work constructively with HISA and HIWU to identify and resolve issues without undermining HISA’s core mission. Our experience working directly with HISA and HIWU leadership has consistently shown that collaboration – rather than confrontation – has been the most productive and effective use of our collective resources.
To their credit, HISA and HIWU have embraced our involvement. Specifically, we urged HISA and HIWU to:
- Limit the imposition of provisional suspensions in banned substance cases to certain situations where the reported drug or substance poses an extreme and imminent threat to the safety of horses and the integrity of the sport – such as gene and blood doping agents, peptides, poisons or similar substances – while allowing full due process in all other cases.
- Allow the reasonable exercise of discretion in assessing cases of Prohibited Substances, and determine appropriate penalties based on all relevant facts and circumstances, including aggravating and mitigating factors and the history of the insured person, to ensure that no rider loses his livelihood unless such an outcome is truly warranted.
- Review and recalibrate the penalty structure applicable to certain prohibited substances, particularly drugs associated with widespread human use or misuse, where positive findings could plausibly result from accidental or unavoidable contamination rather than intentional misconduct.
- Formally recognize contamination or accidental exposure as a legitimate enforcement and penalty consideration, and recognize that exposure may occur despite good faith efforts at compliance.
- Authorize the Racing Medication and Testing Consortium Scientific Advisory Committee to review the list of banned substances and make informed recommendations for changes, taking into account industry concerns about proportionality, fairness and scientific relevance.
We trust that most are aware that on 18 November HISA published a comprehensive set of proposed regulatory changes that in many respects directly address the concerns we have raised. Proposed changes include:
- Creating defined “case circumstances” in prohibited substance cases, allowing HIWU to exercise discretion and consider additional mitigating factors in determining sanctions.
- Limiting immediate provisional suspensions in cases involving prohibited substances to circumstances where the substance poses an immediate threat to the health, safety and welfare of the horse and the integrity of racing.
- Reclassification of certain drugs for human substance abuse, with the potential to significantly soften penalties when contamination or accidental exposure is more likely than not.
- Recognition of environmental contamination and/or unintentional exposure as a factor in enforcement and setting fines.
- Significantly reduced penalties for Class D substances, including commonly used anti-ulcer drugs.
- Reduced penalties for positive tests involving horses not on the vet’s list.
- Reclassification of a number of substances from the banned substances list and establishing a blood test threshold for metformin to address contamination issues.
- Authorization for DNA testing, if requested, upon notification of a possible violation.
- Offer owners the right to be heard when their horses are temporarily suspended.
- Reduction of the duration of suspension of horses in banned substance cases, consistent with the elimination of the reported drug from the horse’s system.
These are among the many proposed changes that are currently subject to an industry public comment period that closes on January 5, 2026. After the end of that period, HISA may consider additional revisions before submitting final rule changes to the Federal Trade Commission for approval. We have communicated directly with the FTC about our concerns about past delays in implementing reforms promised to the industry that serve the interests of riders. We are optimistic that once filed, the FTC will issue these proposed rule changes and take swift action on them and complete this process in a timely manner.
Since HISA’s implementation, it has been our consistent view that the most effective way to serve our riders – the backbone of the industry – and the industry as a whole is by working with HISA and HIWU to effect change when it is needed. We have long maintained that national standardization of equine health, safety, welfare and anti-doping regulations is critical to the future of Thoroughbred racing. We will continue to work with HISA and HIWU to ensure that riders are treated fairly, due process is respected, and unintended or unavoidable violations are addressed proportionally, while respecting HISA and HIWU’s commitment to their core mission.
This press release has been edited for content and style by BloodHorse Staff.
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