Drug Testing for Horses? Yes, and Outcomes Depend on Who is Doing the Testing
The similarities between equine athletes and human ones are not limited to their awards and achievements. They are both subject to drug testing to ensure the integrity of the sport and the process for that testing and violations.
Each horse sport organization, from the Federal Equestrian International (FEI), to horse racing (Horseracing Integrity and Safety Authority), to the United States Equestrian Federation (USEF), has their own process for ensuring clean sport. If a competitor is found in violation of these rules, it is not always as a result of intentional cheating. In this blog we discuss the different processes (at a very high level) and what you can do if you are found in violation of these rules. For each category, we will first provide the relevant acronyms and definitions each organization utilizes.
FEI
Equine Anti-Doping and Controlled Medication Regulations (EADCMRs)- lists two different categories of prohibited substances-banned which are never permitted, and controlled, which is allowed but subject to specific regulations.
Atypical Finding (ATF)- a horse that tests positive and triggers further investigation
Adverse Analytical Finding (AAF)- positive test
The FEI sets forth five (5) separate categories for substances which will result in an ATF 1) any banned/ prohibited substance; 2) endogenous substances (occurring within the animal); 3) ractopamine; 4) zilpaterol; or 5) diisopropylamine. If a horse tests positive, the FEI will then look if non-compliance with EADCMR caused the test result. If there was no departure from the EADCMR, the horse owner will be allowed to provide information to the ATF Panel in determining whether the ATF was an AFF. Once there is an ATF, the owner will be notified and given opportunity to explain the ATF to the panel, which is made up of an independent chair, the FEI Veterinary Director, FEI Legal Director, and Chair of the FEI list group. In making the determination of whether an ATF as an AAF, the panel will look at the following factors:
- The prohibited substance’s source
- Any measures taken by the owner to avoid contact with prohibited substances
- Other relevant factors, usually including the use of the particular substance in the discipline and reports from the testing veterinarians and horse show officials
What happens if you have a positive result and you cannot find the source of the substance? The panel will likely find the ATF is an AAF.
More information can be found at the FEI”s website: https://inside.fei.org/fei/cleansport/horses/atypical-findings
HORSE RACING
Horseracing Integrity and Safety Authority (HISA)- a self-regulatory organization that regulates Thoroughbred horse racing in the United States
Horseracing Integrity and Safety Act of 2020
Covered Persons (CP)- person subject to HISA
Horseracing Integrity and Welfare Unit (HIWU)- created pursuant to the Horseracing Integrity and Safety Act of 2020
Anti-Doping Rule Violations (ADVRs) – violation of the HISA anti-doping rules
There are several different types of violations, notably a covered person may be found in violation for possession and/or trafficking for illicit substances. After a violation of the drug rules is found, a notice letter is sent to the Covered Person, where the Covered Person can provide an explanation. If the Agency still finds there is an ADRV has occurred, the Agency must notify CP, who may accept the proposed consequences or request a hearing to challenge it. The CP is given an opportunity for a provisional hearing on an expedited basis. The provisional suspension is maintained unless the CP has no fault or no negligence or the ADVR has no “reasonable prospect” of being upheld. After the notice letter, arbitration will move forward. There are two different types of violations- presence and possession. When it comes to the determination of fault, there are ranges of ineligibility depending on the range of fault. For the first violation, it will result in disqualification and return of the purse, 2 years of ineligibility, up to $25,000 fine or 25% of the purse and payment of some or all of the adjudication costs. There is a program for eligible individuals for pro-bono representation through HISA ADMC Program.
Additional information is available at https://hisaus.org/regulations.
USEF
In the USEF rule book, the rules governing the procedures for testing and procedures an be found in rules 401 through 413. The rules are slightly different for each breed and discipline. As we have seen with other regulatory agencies, there are drugs that are restricted in use, which the USEF puts forth a handy guide to provide detection times for restricted substances, which gives a timeline on which they must no longer be administered in order to meet competition levels. There are also forbidden substances which are not allowed in any amount. A random test is drawn at a show and is sent for testing in accordance with the World Anti-Doping Agency. There are two samples that are collected, Sample A and Sample B. The Sample A is sent to the USEF lab for testing while the Sample B is held. If there is a positive result on the Sample A, the owner has the choice of accepting an administrative penalty or going before a committee. As part of the appeal process, the Sample B can be tested, but only at the request of the owner. The owner can also request that a different laboratory conduct the testing of the Sample B, but the sample is still the property of the federation. The party requesting the analysis can send a representative to be present for the opening and identification of the Sample B. The committee will look at several factors in determining any penalty, such as the type and quantity of the drug found, prior violations, and the handlings of any prior violations.
For further details on the USEF’s testing procedures, please see: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.usef.org/forms-pubs/2Zp2C_YKs4s/2022-equine-drugs-medications
