When the Horseracing Integrity and Safety Act (“HISA”) was signed into law, a new, safer era for the sport and its athletes began as industry stakeholders and experts in various fields came together to modernize the centuries-old tradition. HISA will supplement and enhance all the safety regulations that California has pioneered over the past few years.
HISA Guidance
August 13, 2022
Dear Stakeholders, Licensees, and Friends of California Racing,
As you are aware, the Racing Safety rules under HISA have been in effect since July 1, although a few were delayed until August and September. The CHRB wants to keep you abreast some of the delays and interpretations the Authority has relayed since the last HISA Guidance.
(1) The crop use rule went through a few interpretations by the authority, but the latest (and most likely, last) one is that shoulder strikes count in the limit of six per rider per race. Additionally, all licensees should be aware that for Class 2 and 3 violations (particularly egregious violations), the rules require a disqualification from purse money (not wagering). While these are exceedingly rare in CA, when they do occur, the CHRB will file a formal complaint so that owners, trainers and riders are afforded an opportunity to be heard before disqualification. However, please be aware that DQ is not discretionary if a riders’ actions fall into Class 2 or 3.
(2) New riding crops are required by the Authority. HISA deferred enforcement until August 1 and even then recommended sanctions that would be expunged if the new crop is obtained before September 1. The CHRB is taking a slightly different approach in that Safety Stewards will verbally warn the licensee during August rather than go through the process of a sanction and on September 1, jockeys will simply not be permitted to ride with the older crop. While the Authority’s rules seem to imply that the crops in the morning should also comply with the new rule, they are somewhat unclear, although it doesn't matter – see number (3). Exercise riders are encouraged to obtain the new crop, as it will undoubtedly be enforced in the near future.
(3) The Authority is somewhat unclear on crop use in the morning and has left it to the states to determine pending more clear language. The CA rule prohibits crop use in the morning as everyone knows (except for crop down on the shoulder), and this will be rule until further notice.
(4) The Shoeing rule has been modified (interpreted) by the Authority from the actual language in the current rule. The following are the only shoes permitted on the respective surfaces (no other types of shoes or traction devices are permitted): (a) Dirt/Synthetic: Front – Queens or 2 mm rim shoes; Hind – Queens, 4 mm or less rim shoes, 4 mm or less toe grabs; and (b) Turf: Front and Hind – Queens only.
(5) Horsemen and veterinarians need to be aware that although the HISA Shockwave Therapy rule is nearly identical to CA, attending veterinarians are required to report shockwave therapy 48 hours BEFORE treatment.
(6) Claims will be voided if testing reveals a post-race medication positive. This applies to all classes of medications and penalty categories. Horsemen will not have the option of keeping the claimed horse once the positive is confirmed (declined split or split confirmation). If an owner/trainer wishes to keep the horse despite a positive, he or she must have checked the box on the claiming slip prior to the race attesting to such fact.
Note: that check applies to all criteria for voiding claims—soundness, positive, etc. In other words, an owner/trainer cannot choose to keep a horse if it unsound but not the horse’s test results in a positive.
June 23, 2022
HISA Clarifies Enforcement Dates For Racetrack Safety Regulations
The Horseracing Integrity and Safety Authority released the following list of clarifications on Thursday, regarding the relevant enforcement dates for its racetrack safety regulations.
Rule 2276. HORSESHOES
New horseshoe requirements will not be enforced until August 1, 2022 to ensure adequate inventory of HISA compliant horseshoes.
Rule 2281. RIDING CROP SPECIFICATIONS
The riding crop specification rule will not be enforced until August 1, 2022 to enable adequate inventory of HISA compliant crops.
Note: Rule 2280. USE OF THE RIDING CROP will be enforced July 1, 2022.Rule 2143. RACEHORSE MONITORING (Vaccinations)
Enforcement of the HISA vaccination requirements is delayed until January 1, 2023 to allow horses to be vaccinated with previously unrequired vaccines at times that do not interfere with training and racing schedules. HISA vaccines must be administered by January 1, 2023.
Note: HISA vaccination requirements are in addition to all state and racetrack vaccine requirements; therefore, all state and racetrack requirements still apply.Rule 2261. TRANSFER OF CLAIMED HORSE RECORDS
When a Horse is successfully claimed by a new Trainer, the previous Trainer must transfer Trainer records … to the new Trainer within three (3) days of transfer of the Horse to the new Trainer.
Note: 'Trainer records' include only records of medical, therapeutic, and surgical treatments and procedures. Required records do NOT include other materials related to training techniques or protocols.
The veterinary treatment records submitted to HISA by the Attending Veterinarian are associated with the Horse's data record and as such, they travel with the Horse. As soon as the Designated Owner and/or Responsible Person (usually the Trainer) are changed in the HISA System, the new Designated Owner and Responsible Person will have access to the veterinary treatment records of the claimed horse.
However, the Trainer treatment records, which are only required to be maintained by the trainer (and not submitted by the trainer unless specifically requested by HISA), would be transferred according to the following process:
a. The Claiming Clerk will process the claim, changing the Responsible Person and/or Designated Owner to the new Designated Owner and/or Responsible Person (in the HISA System).
b. A message will be sent to both the Current Responsible Person and the new Designated Owner and/or Responsible Person (using HISA Messaging System) directing the process for transfer of trainer treatment records.
c. The Current Responsible Person will be directed to a Claim Form on the HISA website for listing all treatments performed on the horse within the last 60 days, including medical, therapeutic, and surgical treatments.
d. The Current Responsible Person will send the completed Claim Form to the new Designated Owner and/or Responsible Person outside of the HISA System. For example, the Current Responsible Person obtains the contact information of the new Designated Owner/Responsible Person from the Claiming Clerk so they can email the form.
e. A message will be sent to the new Designated Owner and/or Responsible Person asking them to confirm receipt of the Horse records. Additional technological innovations may further facilitate the process.
Note: Trainers are not required to maintain nor transfer Horse training records, nor are they required to transfer records created prior to July 1. Therefore, if a Horse is claimed on July 15, trainers are only expected to transfer 15 days of records.Rule 2271. PROHIBITED PRACTICES
The following are prohibited practices:
(d) Thermocautery including but not limited to pin firing and freeze firing, or application of any substance to cause vesiculation or blistering of the skin, or a counter-irritant effect.
Notes:
• The prohibition on pin firing and freeze firing applies only to the dorsal surface of the third metacarpal/metatarsal bones (“shins”). This prohibition will apply beginning with the foal crop of 2022; it will not apply to horses foaled prior to 2022.
• Pin firing and freeze firing of other structures is not prohibited.
• Application of any substance to cause vesiculation or blistering of the skin or a counter irritant effect is prohibited on all structures.
(f) Use of electrical medical therapeutic devices including magnetic wave therapy, laser, electro-magnetic blankets, boots, electro-shock, or any other electrical devices that may produce an analgesic effect within forty-eight (48) hours of a training activity or of the start of the published post time for which a Horse is scheduled to race.
Notes:
• 'Analgesic effect' means a pain-masking effect that would compromise the ability to determine a Horse's soundness. Therefore, those modalities may be used for other purposes.
• 'Training activity' means a published high-speed work.Rule 9000. REGISTRATION OF COVERED PERSONS AND COVERED HORSES
Registration Requirement for Covered Persons. A Covered Person as defined by 15 USC § 3051(6) shall register with the Authority in accordance with this rule on the Horseracing Integrity and Safety Authority website at https://portal.hisausapps.org/registration.
Notes:
• Enforcement of the requirement to register under Rule 9000(a) will begin on July 2, 2022, the day after the program effective date of July 1, 2022.
• Any person who has registered with HISA may request to be unregistered by sending an email with the request to HISA at unregister@hisaus.org. A person shall be deemed unregistered immediately upon HISA's receipt of the email according to the date stamp on the email.
Additional resources and information may be found on the HISA website at https://www.hisaus.org/. Implementation resources are located on the Resources page of the website at https://www.hisaus.org/home#resources.June 2, 2022
Dear Stakeholders, Licensees, and Friends of California Racing,
The Authority created by HISA has made it clear that all racing participants must register with the Authority prior to July 1. Additionally, all trainers must register the horses (thoroughbreds only) in their care with the Authority by July 1.
Who Must Register:
Owners, trainers, jockeys, exercise riders, jockey agents, pony riders, outriders, racetrack personnel, racing office staff, veterinarians (regulatory and attending), equine health providers, farriers, dentists, stable area vendors, grooms, hotwalkers, racing officials (including stewards) and any other person licensed by the CHRB.
Where You Register:
www.hisaus.org and click “Register” in top right hand corner of the webpage.
Registering Horses:
After registering themselves, trainers must register the horses in their care once logged in with their new credentials. After July 1, thoroughbreds will not be permitted to race if they are not registered with the Authority.
Additional Information:
Please read, Registering with HISA, below for further information regarding registration. CHRB has created a HISA tab on our website www.chrb.ca.gov that will provide additional details and guidance. The tab has links to the Authority’s website www.hisaus.org , updates from the Authority, the regulations themselves, and information as to how they will impact racing in California. We are also committed to addressing any individual stakeholders and licensee questions on the application and impact of HISA through our Public Inquiry email in-box: information@chrb.ca.gov
May 25, 2022
Dear Stakeholders, Licensees, and Friends of California Racing,
This is the second communication regarding HISA implementation of the safety regulations that will mostly go into effect on July 1. The two covered topics are: (1) shoeing rules and (2) jockey related rules. Again, these rules will apply to all thoroughbred horses, jockeys and races. All other breeds and mixed breed races will continue to operate under current CHRB rules and regulations. Below you will find the HISA regulations regarding jockeys and shoeing, as well as HISA’s slides regarding jockeys. One note: the shoeing rule will not go into effect until August 1.
Shoeing Rules:
This is perhaps the biggest change for California stakeholders. Beginning August 1, only queens plates will be permitted on the turf and only queens plates and a maximum of 2 mm rims will be permitted on the dirt and synthetic. This rule applies to training and racing. No traction devices or anything protruding off the surface of the show will be permitted.
Jockey Rules:
Beginning July 1, there will be a new crop rule that closely mirrors the current California rule except that overhand strikes are allowed for the six permitted strikes behind the saddle on the hindquarters, provided the rider’s wrist does not rise above the rider’s helmet. The penalty structure for violations is set by the Authority with DQ from purse money being the major change for egregious violations. This rule applies in the morning for exercise riders and the afternoon for jockeys. Regarding jockey welfare, in addition to the yearly physical, a baseline concussion assessment will be required. These assessments will have to take place before July 1. Additionally, jockeys and exercise riders must have a medical information card attached to their safety vest at all times.
Additional information:
Please read the rules and slides below for further information regarding these two areas. CHRB has created a HISA tab on our website www.chrb.ca.gov that will provide details and guidance. The website has links to the Authority’s website, updates from the Authority, the regulations themselves, and information as to how they will impact racing in California. We are also committed to addressing any individual stakeholders and licensee questions on the application and impact of HISA through our Public Inquiry email in-box: information@chrb.ca.gov
May 12, 2022
The 2020 Horse Racing Integrity Act (HISA) created a federal entity referred to as “the Authority” to regulate horse racing nationwide by establishing the Racetrack Safety Program and the Anti-Doping and Medication Control Program, as well as enforceable rules and regulations in both these areas.
What you need to know now:
Rules and regulations for the Racetrack Safety Program go into effect July 1, 2022. The rules are categorized into (1) the 2100 series, which entail best practices, the adherence to which the Authority will adopt over time; and (2) the 2200 series, which are distinct rules and regulations that will go into effect on July 1 and will be enforced thereafter. The 2200 series include rules regarding electro-shockwave therapy, riding crop usage and penalties for violation, jockey drug testing, safety vest & helmet specifications, shoeing, and others.
Who is impacted:
At this time, the Authority’s rules will only apply to thoroughbreds and will not apply to other breeds, which will continue to operate under California’s current regulatory structure. Mixed-breed races will be governed by current California rules. Thoroughbreds competing in mixed races will register with the Authority and follow its rules, except those that apply to the race itself (e.g. shoeing, crop usage, etc.).
Resources available to you:
CHRB has created a HISA tab on our website that will provide details and guidance. The website has links to the Authority’s website, updates from the Authority, the rules, and regulations themselves, and information as to how they will impact racing in California. The website will eventually include instruction with respect to how to register with the Authority, both for human participants and their equine athletes. We are also committed to addressing any individual stakeholders and licensee questions on the application and impact of HISA through our Public Inquiry email in-box: information@chrb.ca.gov
What is coming next:
Rules and regulations for the Anti-doping and Medication Control Program are expected to be effective January 1, 2023, and will be enforced by Drug Free Sport International.
The good news:
California stakeholders and licensees will not experience major changes on July 1, as you have already done much of the work over the last few years and, in fact, most of the Page 2 May 12, 2022 regulations are based upon current California protocols, as we lead the country in reform. All of your hard work is paying dividends in that other states will experience major, disruptive changes to bring them up to California standards. Make no mistake, there will be hiccups and difficulties, but California racing and the CHRB will work them out together. Our intention is not to “trap” or play “gotcha” with those we regulate but rather to be transparent and help licensees through this process by providing accurate information and guidance that protects licensees from unintentionally running afoul of the new rules. You can expect more updates in the near future. For the most current information, please click on the HISA tab on the CHRB website, www.chrb.ca.gov.