| INDUSTRY |
ADDITIONAL PERSPECTIVES ON THE HORSERACING INTEGRITY AND SAFETY ACT
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s the effective date of July 1, 2022, approached, the issues and inquiries regarding the Horseracing Integrity and Safety Act (HISA) became immediate. These questions include inquiries from racetrack veterinarians as to their obligations for registering and reporting medication and treatment of Thoroughbred horses and from jockeys seeking guidance on whether the new rule regulating the use of the crop is effective between HISA’s start date of July 1, 2022, and the delayed enforcement of the use of the new crop on August 1, 2022. So too have been questions regarding the pending constitutional challenges and legal efforts to enjoin HISA. These issues have received significant attention by way of journal articles, HISA-sponsored “Town Hall Meetings” and national seminars. Conversely, HISA’s impact on those in the Thoroughbred industry outside of the United States have received limited analysis and discussion. As a practitioner representing licensees before regulators, I have received multiple inquiries from trainers outside the United States as to their obligations and their owners’ obligations relative to HISA. Additionally, I have received questions as to what, if any, impact HISA has regarding simulcast signals from tracks outside of the United States such as Woodbine in Canada. To comply with HISA, the foreign national trainer must register as a covered person. In fact, compliance with regard to registration and licensing is a three-step process for the foreign national Thoroughbred trainer. First, to comply with HISA, the international trainer is required to register as a covered person pursuant to 15 U.S.C.S. §3054(d). Second, he or she is required to apply for and secure a Thoroughbred trainer’s license from the jurisdiction (state) in which they will enter and race. For example, if the foreign national trainer has a Thoroughbred that will compete in this year’s Breeders’ Cup event, then he or she must have a current valid Thoroughbred trainer’s license issued by the State of Kentucky for the 2022 season. Third, the foreign national trainer must properly register the Thoroughbred horse(s) that he or she will enter and start with both the state and the HISA Authority.
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TRAINERMAGAZINE.COM ISSUE 65