Eric Hamelback. (Gwen Davis/Davis Innovation photo)
National HBPA forcing HISA’s recognition of environmental contamination and transfer
By Eric Hamelback, National HBPA CEO
“Trainer Jorge Duarte’s Suspension Lifted Due to Likely Contamination.”
“The Horseracing Integrity and Safety Authority is seeking public comment on proposed rule changes that would target sources of possible environmental contamination of equine drug testing.”
Thanks to the hard work and support of horsemen and horsewomen, the National Horsemen’s Benevolent and Protective Association (HBPA) is making significant strides in its effort to bring common sense and fairness to horse-racing regulations. HISA’s proposed rule changes to receiving barn facilities and protocols acknowledge what the National HBPA has vocally pushed for years: in today’s world of super-sensitive testing, environmental contamination and inadvertent transfer of foreign substances to racehorses is a fact of life. This acknowledgement represents a complete reversal for HISA’s enforcement arm, the Horseracing Integrity and Welfare Unit (HIWU).
For the last several years, we have preached that American horse racing must set common-sense screening levels below which findings of certain substances aren’t called because they have no impact on performance. Human testing does this, even for commercial airline pilots.
But any progress that we were making with racing commissions on this front was wiped out with the creation of the private HISA corporation and HIWU. Time and again, HISA and HIWU leaders were science-deniers, seemingly intent on snaring innocent trainers so they could claim they were cleaning up racing, thereby justifying their existence.
Then in July, National HBPA filed a Petition for Rulemaking urging the Federal Trade Commission (FTC) to issue no-effect thresholds for substances tested by HIWU. Such a prudent approach recognizes that foreign substances found throughout the environment can make their way — through no fault of the trainer — into a horse at levels that have no effect on the horse’s performance or health. The FTC can rectify HIWU’s problem of unfair findings and restore due process and common sense by adopting this important rule change.
Thankfully, more than 1,000 racing participants joined the National HBPA in contributing comments in support of our FTC petition. Their message to HIWU was clear: Stop punishing blameless trainers based on analytical findings that are of irrelevant concentrations.
It seems that message is finally being heard. HISA is proposing rule changes to avoid the FTC changing the rules for them. We are making positive changes for all horsemen.
In response to another of our calls to action, more than 1,400 industry participants from across the country contacted their Congressional representatives demanding HISA changes, including a “do-over done right.” After our loud assertions about lack of representation for those in the trenches, HISA created its Horsemen’s Advisory Group.
No matter what happens when our constitutional challenge to aspects of the Horseracing Integrity & Safety Act comes before the U.S. Supreme Court, as seems likely, the National HBPA has forced HISA to make changes. That’s only been possible with significant help from rank-and-file horsemen and horsewomen.
But we have much more work to do. We need more horsemen and horsewoman to lend their voice, to join trainers such as Wesley Ward, Larry Rivelli, Rusty Arnold and Bret Calhoun, owners such as Brent Malmstrom and Chester Thomas, veterinarians such as Don Smith, Rick Fischer and Thomas B. Little and others in speaking up publicly how HISA is trampling on due process while also interfering with the care of our equine athletes. Congress and the FTC need to hear directly from those impacted by HISA’s policy overreaches and the collateral damage caused.
Together we can make horse racing safer and better without stomping on horsemen’s rights and due process, without forcing owners and trainers out of business, and without motivating small tracks to quit exporting their race signal because they can’t afford HISA’s crushing costs.
We entered this fight to do our due diligence to make sure horsemen are protected and that this federal implementation was right for the industry. After unconstitutional rulings, the trace-level positives causing havoc for owners and trainers, the flip-flopping and non-enforcement of HISA’s own rules, admittance of non-uniform lab standards and laboratory failures, it would be very hard for anyone to say that HISA was written and implemented in the best interest of our industry. It’s time for everyone to acknowledge past mistakes and to work together for change that truly makes us better and safer for our equine athletes, our human participants and everyone who loves horse racing.
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> Want to take a more active role in our advocacy? Email racing@hbpa.org.
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