by Rick Fischer, DVM

The North American Association of Racetrack Veterinarians (NAARV) is supporting the Racehorse Health and Safety Act (RHSA) because the Horseracing Integrity and Safety Act (HISA) is a flawed law which not only is harmful to the horseracing industry but has serious implications as a precedent to challenge our basic constitutional liberties and protections. 

HISA is flawed for numerous reasons. First, HISA is a private corporation with the power to assess fees over private individuals and businesses. The members of the Board of Directors of the “Authority” were selected by a small nominating committee which had no responsibility to the many stakeholders in the racing industry. All future members of the Authority and of standing committees will be selected according to an internal nominating committee, thus assuring control of the organization by the original self-selected elite.

Second, HISA, as a private corporation, has no requirement for transparency in its budgetary process. The power to extract money from a large group of individuals and businesses is vested in a small group of self-appointed, self-propagating individuals. It alone determines its required income and the apportionment of its expenses, compensation, etc. In contrast, the Racehorse Health and Safety Organization (RHSO) created by Rep. Clay Higgins’ (LA-03) RHSA would have its budget made public and reviewed by State Racing Commissions, which are answerable to the people of various states.

Third, the registration requirements imposed by HISA for participation in horse racing stipulate that all participants abandon their constitutional protections against unreasonable search and seizure, self-incrimination, and due process. But by placing the RHSO under the supervision of State Racing Commissions, the RHSA provides an effective check against this unrestricted power and taxation.

Fourth, under HISA the makeup of the scientific committees which determine the medication rules have no requirements for specific expertise essential for determining scientific standards. But the RHSA requires that members have significant, recent experience in medication control or toxicology research and hold a Ph.D. or equivalent degree. There will be a mathematician and statistician with experience in threshold determination, an equine exercise physiologist, an equine pharmacologist, and an analytical chemist.

Fifth, HISA specifically disqualifies individuals who have active expertise in horse racing (unless they are members of the Jockey Club, lawyers, or have had executive positions in certain racetracks or horse racing institutions). This creates a serious disconnect between the regulation of the horse racing industry and individuals and institutions which implement it. It leads to inconsistent, irrelevant, and poorly contemplated rules which are difficult to enforce fairly. The RHSA ensures that horse racing will be governed by individuals with expertise in the horse racing industry and with the knowledgeable insight necessary for effective regulation.

Sixth, HISA portrays itself as a representative agency by its placement under the purported authority of the FTC. But in reality the administration of HISA is controlled by a private corporation, the “Authority.” The RHSA places the RHSO under the supervision of the several State Racing Commissions and thus provides effective oversight of its activities and finances by the individuals and institutions over which it exerts its authority.

Finally, HISA is a flawed institution which is facing legal challenges and widespread resistance from within the racing industry. It is establishing a redundant, expensive bureaucracy overlying the many State agencies already functioning to supervise horse racing. It has demonstrated no effective leadership or consensus within the industry but rather is unilaterally imposing its standards upon the industry as a whole. Horse racing has a great variety of breeds, formats, participants, and social and financial levels, and only RHSA recognizes this variety. For all these reasons, the NAARV urges the passage of the Racehorse Health and Safety Act.

Rick Fischer DVM is the dean of Kentucky equine veterinarians, taking care of racehorses on the state’s backstretches for 53 years. The Louisville native — U.S. Senate Minority Leader Mitch McConnell was a Male High classmate — grew up working as a hotwalker, groom and exercise rider for his dad, well-known trainer Richard Fischer, with the family living in a trailer park across the street from Churchill Downs. Dr. Fischer put himself through college at the University of Louisville, Purdue and Auburn University’s veterinarian school by galloping and ponying horses in the mornings and working as an outrider at Miles Park in western Louisville and Ellis Park. He is a founding member of the North American Association of Racetrack Veterinarians (NAARV).

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