Via TD Thornton
Despite the short-term national forecast clouded by uncertainty over last week’s US Court of Appeals order declaring the Horse Racing Integrity and Safety Act (HISA) UnconstitutionalThe California Horse Racing Commission (CHRB) commissioners on Tuesday expressed confidence that their state will be able to weather the expected chaos of legality in the limbo of the state. HISA is better than other jurisdictions.
The reason, according to staff and commissioners who spoke at its monthly meeting on November 22, is that the CHRB has been proactively promoting drug and safety rules over the past few years, and some of those regulations. was finally adopted as a model for the HISA rules.
So, if or when a scheduled mission for HISA is decommissioned is retransmitted by the Fifth Circle on that mission’s expiration date of January 10, the CHRB will essentially just roll back based on a Similar rule frameworks in the state’ t too different from HISA.
“We got involved with HISA. We supported them. We will continue to do so until further notice,” said CHRB equine medical director Dr Jeff Blea.
But, Blea added, “It’s nice to know [that] In fact, HISA’s safety program and drug rules aren’t much different from California’s.”
Note that a Pandora’s box of Various legal and political scenarios could still affect the future of HISA between now and when HISA’s Anti-Doping and Drug Control rules go into effect on January 1, the CHRB voted 4-0 on Tuesday to opt into the agreement. The 2023 voluntary implementation agreement includes national oversight by both HISA and the Horseracing Welfare and Integrity Unit (HIWU), which will enforce the new drug rules.
“Just to be clear, the HISA drug regulations will go into effect January 1, and the courts [mandate] It’s January 10. So certainly in those 10 days, we’re operating under the HISA drug rules,” said president Gregory Ferraro, DVM. “And then, depending on what [a higher-court ruling or a legal stay or Congressional action] yes, we go from there.”
Blea described to the commissioners how he had attended the annual conference of the American Association of Equestrian Practitioners (AAEP) in San Antonio, Texas, on November 18 when the news first broke. on HISA’s unconstitutional ruling.
Blea said the conference was “fully staffed” with HISA Agency executives at the time, including HISA chief executive Lisa Lazarus and HIWU chief executive Ben Mosier.
“Thirty minutes before the start of the meeting, the announcement is made, so everyone just needs a little bit [being] on their heels,” Blea said. “Their approach is, ‘We’re moving forward, we’re pushing, we’re going to discuss these issues with the veterinarian and the veterinary community.’
“So right now it’s ‘business as usual,'” Blea continued. “Everybody saw what was in the mainstream press, and it was bar day. For now, from a drug point of view, we will follow the HISA rules for 10 days [in 2023] depending on what the courts rule. Same thing with safety standards.”
Blea noted that even as the AAEP convention took place amid a regulatory blow to HISA, the CHRB was repeatedly mentioned in a keynote speech for being at the forefront of security initiatives. safety and welfare of horses.
And during the professional meet and greet sections of the conference, Blea said he was repeatedly consulted by colleagues who wanted advice on how to introduce CHRB-style reforms in his home state. their scent.
Amanda Brown, CHRB’s staff advisor, offered a legal perspective on where HISA might go—or what would happen if the entity was forced to close. She noted that a separate Court of Appeals case on the constitutionality of HISA has arguments pending on December 7, this time in the Sixth Round.
“So there is a possibility that the judge there regulates [that HISA is] constitutional [and] We have two competing decisions,” Brown said. “Ultimately, I hope they will ask the Supreme Court to reconsider.”
But in the meantime, Brown said, “Everything from HISA says they will still launch the Anti-Doping and Drug Control program on January 1st. [and] HISA has indicated that they will use any means to obtain a stay or reconsideration before that time. So it was like in the air what was about to happen.
Prior to voting unanimously on the matter, Ferraro asked Brown if there were any legal downsides to opting into the HISA and HIWU agreements in the event those entities ceased to exist. According to the HISA budget, California’s fiscal assessment for 2023 is $7,344,139.
“I can’t talk to [CHRB’s] Brown said. “We will go back to the rules of California, before HISA. That for us, is probably easier than other states.”
Cynthia Alameda, deputy chief executive officer of the CHRB, started the review thread that Brown had left unfinished.
“We are currently collecting payments for the first review [that covered the final six months of 2022],” said Alameda. “They are coming in a little bit later, so I don’t think it will be difficult for us to regroup and make sure that all of our stakeholders don’t pay any unnecessary fees.
“So I don’t think there are any negatives to entering the deal,” Alameda continued. “It also provides an opportunity for our stakeholders to come back in December to demonstrate how they want to fund the reviews. They did it through the go-to-market fee in the first review, so I’m sure they’ll need to present that to us as well, so we’ll be ready in January if things go well. .
“If HE [being] Unconstitutional [was upheld], we will stop collecting money,” Alameda said. “I don’t know what will happen to those that were paid in the first six months, because that’s the way to handle setup costs, so I don’t think those will be refunded. That’s just me guessing, though.
Blea added another point during the meeting that there is a discrepancy in the CHRB and HISA rules that he is actively trying to resolve before it becomes an issue in the right direction in 2023.
“The confusion for veterinarians is detection time versus thresholds,” says Blea. “The [HISA] Detection time is based on a European model. So I would recommend people to push back on their drug use further and I am in the process of doing some calculations and trying to figure it out to give them some information proactively to avoid any problems.”
The four CHRB commissioners who voted unanimously for the HISA selection were Ferraro, Oscar Gonzales, Damascus Castellano and Brenda Washington Davis.
Commissioners Dennis Alfieri, Wendy Mitchell and Thomas Hudnut were absent from the meeting.