HISA was created to implement, for the first time, a national, uniform set of integrity and safety rules that are applied consistently to every Thoroughbred racing participant and racetrack facility.
The rules and regulations drafted by HISA’s Racetrack Safety and Anti-Doping and Medication Control Standing Committees are designed to enhance the safety and wellbeing of both horse and rider while ensuring the integrity of the sport for the benefit of the industry, fans and bettors. A safer, fairer sport will also be a more popular sport for generations to come.
Congress passed a bill authorizing the Horseracing Integrity and Safety Authority (“Authority”) as a private self-regulatory organization. The Authority must develop rules related to horseracing, including anti-doping, medication control and racetrack safety.
The Federal Trade Commission (FTC) is given broad oversight over the Authority. The FTC, after providing an opportunity for public comment, must approve or disapprove any rule proposed by HISA. Civil sanctions imposed by the Authority for violations of its rules or standards may be appealed to the Commission for review by an Administrative Law Judge and by the Commission.
The Authority must also submit guidance it develops to the Commission. In addition, certain practices involving drugs are made unfair or deceptive practices under Section 5(a) of the FTC Act.
1. What is HISA?
Established when the Horseracing Integrity and Safety Act was signed into federal law in 2020, the Horseracing Integrity and Safety Authority (HISA) is responsible for drafting and enforcing uniform safety and integrity rules in Thoroughbred racing in the U.S. Overseen by the Federal Trade Commission (FTC), HISA was created to implement, for the first time, a national, uniform set of rules applicable to every Thoroughbred racing participant and racetrack facility. HISA comprises two programs: the Racetrack Safety Program, which took effect July 1, 2022, and the Anti-Doping and Medication Control (ADMC) Program, which is anticipated to take effect in March 2023.
The Racetrack Safety Program includes operational safety rules and national racetrack accreditation standards that seek to enhance equine welfare and minimize equine and jockey injury. The Program expands veterinary oversight, imposes surface maintenance and testing requirements, expands jockey safety measures and resources, regulates riding crop use, and implements a void claim rule, among other important measures.
The ADMC Program will create a centralized testing and results management process and apply uniform penalties for integrity violations efficiently and consistently across the United States. These rules and enforcement mechanisms will be administered by a new independent agency, the Horseracing Integrity and Welfare Unit (HIWU), established by Drug Free Sport International (DFSI). HIWU will oversee testing, educate stakeholders on the new system, accredit laboratories, investigate potential integrity violations and prosecute rule breaches.
2. Who is in charge of HISA?
HISA is led by CEO Lisa Lazarus and governed by a nine-member Board of Directors which consists of five individuals from outside the equine industry (independent directors), and four individuals selected to represent various equine constituencies (industry directors). The Board is chaired by Charles Scheeler.
HISA’s programs are led by committees of experts in their fields from inside and outside of the Thoroughbred racing industry; the ADMC Standing Committee is chaired by Adolpho Birch, and the Racetrack Safety Standing Committee is chaired by Dr. Susan Stover, DVM, Ph.D.
3. When did HISA begin governing the racing industry?
HISA’s Racetrack Safety Program took effect July 1, 2022, and its ADMC Program is anticipated to take effect in March 2023.
4. What changes can racing fans see as a result of HISA’s oversight?
The Racetrack Safety Program includes safety rules along with operational standards for racetrack accreditation. For example, under HISA’s surface maintenance and measurement standards, tracks are required to execute pre-meet inspections, monitor and test racing surface conditions on a daily basis, and make condition reports and test results available to horsemen and HISA.
Once the ADMC Program takes effect in 2023, fans can expect to see centralized testing and results management processes, shorter turnaround times for investigations/adjudication and uniform penalties that will be applied consistently across the country.
5. Why is the Racetrack Safety Program important?
The importance of the Racetrack Safety Program to HISA’s mission to protect the wellbeing of equine and human athletes cannot be overstated. The Racetrack Safety Program’s national accreditation standards and safety regulations require:
- Expanded veterinary oversight
- Surface maintenance and measurement standards
- Enhanced reporting requirements
- Collection and analysis of medication, treatment, injury and fatality data
- A void claim rule
- A uniform riding crop rule
- The transfer of claimed horses’ medical information
- Jockey concussion and medical care reporting
This 360-degree approach will help vets, horsemen and all racing participants determine every horse is fit to race before setting foot on the track while also increasing understanding of the conditions that contribute to both equine and human injuries and fatalities.
6. Who is overseeing testing and enforcement until HISA’s ADMC Program goes into effect?
HISA’s ADMC Program is anticipated to take effect in March 2023. Until then, the sport will continue to operate under the current state-based testing and enforcement regimes.
7. Why was Drug Free Sport International (DFSI) chosen to work with HISA on its ADMC Program?
HISA chose DFSI as its partner to establish and implement the Anti-Doping and Medication Control Program because of its exemplary record of success in its drug testing and enforcement partnerships with leading sports organizations, including the NFL, NCAA, NBA, LPGA, PGA Tour, NASCAR and MLB. DFSI is an established leader as demonstrated by its success and ongoing engagement with U.S. and international sports organizations and leagues.
8. What is the Horseracing Integrity and Welfare Unit (HIWU) and how will it work?
HIWU, established in partnership with DFSI, will administer the rules and enforcement mechanisms of HISA's ADMC Program. HIWU will oversee testing, educate stakeholders on the new system, accredit laboratories, investigate potential integrity violations and prosecute rule breaches.
HIWU is led by Executive Director Ben Mosier, who has more than a decade of experience working for DFSI and has overseen anti-doping programs for the NBA, PGA Tour, MLB and NASCAR. A full list of HIWU staff and members of HIWU’s Advisory Council is available on the HIWU website.
9. What is the status of the ADMC rules? Will industry participants have an opportunity to provide input on the ADMC rules before they are finalized?
HISA’s draft ADMC rules reflect input from a wide range of industry stakeholders and other experts, as well as insights from DFSI and HIWU’s Advisory Council. The rules were posted to HISA’s website in 2022 for stakeholder and racing participant feedback before going to HISA’s Board of Directors. Once approved by the Board, the ADMC rules and regulations were submitted to the FTC to undergo a formal rulemaking process. However, due to the legal uncertainties at the time, the FTC rejected the proposed rules without prejudice, delaying implementation from the previously scheduled date of January 1, 2023.
HISA has since resubmitted the rules to the FTC for approval, and once the FTC posts the rules to the Federal Register, there will be an additional public comment period. Following that comment period, the FTC will have 60 days to approve or deny the rules. Based on this timeline, HISA’s ADMC Program is expected to take effect in March of 2023.
10. Are members of the horseracing industry able to provide input to HISA?
HISA and its Standing Committees continue to seek input from a wide range of industry stakeholders, including state racing commissions, racetracks, owners, trainers, breeders, jockeys, equine veterinary groups, horsemen’s groups and others. HISA seeks feedback on its rules both formally and informally, including via the HISA Horsemen’s Advisory Group, which is made up of horseracing industry veterans from across the country who represent a broad range of views and experiences. Included among them are trainers, owners and veterinarians, as well as representatives of racing offices, backstretch employees, farriers and aftercare initiatives.
HISA expects that its ADMC Rules will soon be re-posted to the Federal Register for public comment and is also currently in the process of reviewing and soliciting feedback on the Racetrack Safety rules as well. HISA greatly values input from across the racing as part of its efforts to continue to improve HISA’s programs. Comments and suggestions can be sent to feedback@hisaus.org at any time.
11. How are HISA’s Board and standing committees structured?
HISA’s Board of Directors consists of nine individuals, five of whom were selected from outside of the equine industry (independent directors), while the other four were selected to represent various equine constituencies (industry directors). The Board is chaired by Charles Scheeler.
The ADMC Standing Committee is chaired by Adolpho Birch, an independent director of the Board, and comprises four independent members and three industry members.
The Racetrack Safety Standing Committee is chaired by Dr. Susan Stover, DVM, Ph.D, an industry director of the Board, and comprises four independent members and three industry members.
In order to conduct their work in an ethical and independent manner, directors and members are subject to strict conflict of interest restrictions in order to serve in their specific roles.
12. What does HISA’s Equine Conflicts of Interest Policy entail?
The membership of the Board of Directors and its two standing committees includes certain members who are “independent” and certain members who are from the “equine industry.” Directors, all independent members of standing committees, all officers and all employees must abide by conflict-of-interest mandates in the Act and HISA’s bylaws.
Any member of the Board and any independent member of a standing committee must also satisfy the following conflict of interest restrictions:
Neither the director (industry and independent) or independent member of a committee, that individual’s spouse, domestic partner, mother/father, aunt/uncle, sibling or child may:
- Have a financial interest in or provide goods/services to Covered Horses (A “Covered Horse” is presently defined as a Thoroughbred horse from its first timed workout to its retirement from racing);
- Be an officer/official or any equine industry representative (defined as: an organization regularly and significantly engaged in the equine industry, including organizations that represent the interest of, and whose membership consists of owners, breeders, trainers, racetracks, veterinarians, state racing commissions, and jockeys), or serve in any governance or policymaking capacity for an equine industry representative; or
- Be an employee of, or have a business or commercial relationship with, any of the individuals described in (1) or (2) above.
These rules do not apply to equine industry representatives of the standing committees, but they do apply to independent members of the standing committees. Additionally, there is no look-back period, allowing potential industry members of the Board of Directors and independent members of the board and its standing committees to divest their interest in Covered Horses or terminate any relationships prohibited by conflict-of-interest policies in the Act and the HISA’s bylaws.
13. How is HISA being held accountable?
As prescribed in the Act, the two standing committees recommend rules that will be approved by HISA’s Board of Directors. Once a rule is approved by the Board of Directors, it is submitted to the Federal Trade Commission (FTC).
Once submitted to the FTC, proposed rules will be published to the Federal Register pursuant to the Administrative Procedures Act, and a public comment period will begin. After this period, the FTC determines whether or not to approve the submitted rule. The FTC also has the oversight to revise HISA’s rules if needed.
14. What is the responsibility of the standing committees?
The ADMC Standing Committee advises and assists with establishing the rules and protocols for HISA’s ADMC Program, including:
- Uniform rules, including lists of permitted and prohibited substances
- Prohibition on administration of any substance within 48 hours of a racing start subject to (1) possible state racing commission exemption(s) for the use of furosemide (except in two-year-old or stakes races) during the first three years after the program effective date, or (2) after such time, if unanimously approved by the Board of Directors after a standing committee tasked to review the use of furosemide makes specific findings related thereto
- Laboratory testing standards and control
- Programs for in-competition and out-of-competition testing
- Programs relating to ADMC research and education
The Racetrack Safety Standing Committee advises and assists with establishing and implementing HISA’s Racetrack Safety Program, which includes:
- Training and racing safety standards and protocols
- Racing surface quality maintenance system
- Programs for injury and fatality and data analysis that may include pre- and post-training and race inspections, use of Veterinarian’s List, and concussion protocols
- Uniform set of track safety standards
- Programs relating to safety research, education, and aftercare