Racing's reformation?

Washington — Meaningful reform of the Thoroughbred racing and breeding industry is on its way — and probably much sooner than many would have believed as little as six months ago.

But whether those changes come from within, or through some form of government intervention, seems to be the question — especially after a Congressional subcommittee questioned representatives of the industry, and some leading veterinarians, about problems such as legal and illegal medications and a rash of racetrack injuries and deaths that have heaped negative publicity on the sport the last couple of years.

Regardless of how change comes about, probably by the end of this year, equine veterinarians will play an important advisory role.

Dr. Susan Stover

The House Subcommittee on Commerce, Trade and Consumer Protection used the June 19 hearing on the topic "Breeding, Drugs and Breakdowns: The State of Thoroughbred Horseracing and the Welfare of the Thoroughbred" as an occasion to make it clear that Congress might take some action if the industry doesn't.

But the industry isn't exactly sitting still.

Two days before the hearing, a seven-member Thoroughbred Safety Committee appointed by the Jockey Club immediately after the fatal breakdown of the filly Eight Belles at the Kentucky Derby, announced its recommendations: elimination of steroid use in racing and race training, a ban on friction-enhancing toe grabs and a series of whip-related reforms, all to be in place at North American tracks by Dec. 31. Virtually all major racing-industry groups endorsed the proposed changes.

Industry executives who testified at the hearing used the recommendations as proof that the industry is serious about taking prompt action to improve regulation of the sport.

Call for regulatory agency

But Rep. Jan Schakowsky (D-Ill.), who opened the hearing, used the Eight Belles incident to bolster her point that Congress may need to step in. A necropsy showed Eight Belles wasn't given steroids, but Schakowsky pointed to the filly's genetic line to argue that many of today's racehorses are far too fragile because of poor breeding practices and overuse of medications.

Dr. Lawrence Soma

"Unlike every other professional and amateur sport, horse racing lacks any national regulatory authority that can promulgate rules and regulations," Schakowsky said. "What is going on here? Horse racing remains a confusing patchwork of different regulations from state to state. One of the central questions this subcommittee wants to explore is: Does horse racing need a central governing authority? Is the racing industry truly capable of making reforms of its own within the current regulatory framework?"

"The idea of a central, unified regulatory agency that would expedite needed changes in the racing industry is appealing," says Dr. Mary Scollay, a former racetrack veterinarian who on July 1 became Kentucky's first equine medical director, a new position that will influence whether, and how, that state should impose steroid tests.

"However, I strongly believe that (regulatory) agency shouldn't be the federal government," Scollay tells DVM Newsmagazine. "The government has enough on its plate," she says."I think the industry is motivated like never before to take care of the problems in racing, so adding another layer of oversight — perhaps people who are not conversant with these complex issues — isn't going to work for the benefit of horses nor the viability of the industry."

Dr. Mary Scollay

Scollay, who for 13 years was track veterinarian at Florida's Calder Race Course and Gulfstream Park, was one of four equine veterinarians who testified before the subcommittee, along with eight other expert witnesses.

Use of medications scrutinized

The panel had some tough questions for Thoroughbred owners, breeders, trainers and officials from major racing and equine organizations, and some of their responses seemed sharply critical of the role of track veterinarians. At least a couple of the witnesses intimated that veterinarians might be reaping excessive profits by pushing medications on trainers and owners.

Rep. Ed Whitfield (R-Ky.), ranking member of the panel, echoed Schakowsky's remarks by adding, "Greed has hurt the health of the horse, safety of the jockey, strength of the breed and the integrity of the sport. Horses race more on drug-induced ability than natural ability. It's not who has the best horse, but who has the best veterinarian."

Dr. C. Wayne McIlwraith

Whitfield also charged that there's a lack of transparency regarding deaths on the racetrack, and the lack of a central association or agency to enforce rules uniformly across the states. More than three horse deaths a day were reported at tracks around the country last year, and 5,000 since 2003.

"This hearing is a wake-up call for you," Rep. Cliff Stearns (R-Fla.) told the dozen witnesses. "There is abuse in your industry and you know it better than I. We don't want to come in and regulate you; we want you to regulate yourself. We are asking you to step up to the plate."

DVMS offer testimony

The four veterinarians gave their opening statements on medical issues and what's being done to help cut down racing injuries, but they were last on the hearing schedule and time ran out before subcommittee members could question them at length individually. Another hearing is expected in the near future.

The four DVMs testifying were:

• SCOLLAY, who described the success of the uniform on-track equine injury-reporting system she developed and that several tracks nationwide started using in June 2007.

• SUSAN STOVER, DVM, PhD, Dipl. ACVS, a professor at the University of California-Davis School of Veterinary Medicine, who told the panel that, while the growing number of racehorse deaths is "devastating, they are the tip of the iceberg." Many horses suffer microscopic bone damage inadvertently, even under normal conditions, which don't necessarily point to abuse, she said. Initial preliminary data from mandated synthetic track surfaces in California show promise for helping prevent injuries, she said. "Given time, I'm optimistic we can prevent many more injuries."

• LAWRENCE R. SOMA, VMD, professor of anesthesia and professor of large-animal medicine in the Department of Clinical Studies at the University of Pennsylvania's New Bolton Center, said most racehorses in his state are now running free of anabolic steroids. He also described the legal use of furosemide, or Lasix, as a pre-race medication that reduces pressure in horses' lungs, but hasn't been shown to stop all bleeding. Horses given furosemide seem to run faster, he said.

• C. WAYNE MCILWRAITH, BVsc, PhD, FRCVS, Dipl. ACVS, director of the Orthopaedic Research Center at the University of Colorado's College of Veterinary Medicine and Biological Sciences, told the panel of collaborative work he is doing that may help in the early recognition of bone damage that could help prevent later fractures, about ongoing work in comparing the effects of different track surfaces and about equine practitioners' concern with proper use of medications. "These three issues from my perspective are key. As veterinarians, we continue to promote the health and well-being of all equine athletes," he said.

The panel's lead-off witness, Allen Marzelli, president and chief executive officer of the Jockey Club, said the industry recognizes its problems as never before and is working quickly and effectively to correct them.

Industry recommendations

As proof of that, he cited the new re-commendations released by the club's Thoroughbred Safety Committee.

That committee will hold additional meetings over the next 60 days to make recommendations on other issues, including the use of therapeutic medications, illegal drugs, prohibited practices and increased penalties.

When Marzelli told the panel he favors letting the industry continue to reform itself along these lines, Whitfield shot back, "You can only recommend. Do you have the power to put this into effect?"

Marzelli said his group does have "the power of persuasion."

"I think your record would reflect you lack even that power," Whitfield replied.

Another witness, Kentucky owner and breeder Arthur Hancock, agreed with Whitfield that the industry can't or shouldn't be relied upon to regulate itself. "After hundreds of meetings and 28 years, there just doesn't seem to be any urgency," he said.

Track veterinarians criticized

On the issue of drug use in racing, Hancock at one point remarked that "the vets are running the show." Asked by Whitfield to explain that, he cited an incident when "I told the vet I didn't want my horse to get anything. He then asked me, 'You want to win races, don't you?' ... Vets convince the trainers (to inject something) and trainers convince owners," Hancock said. Asked by Schakowsky whether veterinarians are making large profits in this manner, Hancock said he believes they are.

Another owner and breeder, Jess Jackson, told the panel he's seen the number of veterinarians at Santa Anita racetrack in California rise from three to 26 today.

"They used to drive Chevys, but today they all drive BMW's and Cadillacs."

Those comments irked veterinarians and veterinary groups.

Of Hancock's remarks on medications, David L. Foley, CAE, executive director of the American Association of Equine Practitioners (AAEP), says, "It conveniently removes any responsibility from the actual owner of the horse. This is an industry issue, not just a veterinary one.

"While the veterinarian is uniquely qualified to discuss and evaluate the medical condition of the horse, the owner, trainer and veterinarian should all be communicating about what's in the best interest of the horse."

The AAEP leader, who attended the session, doesn't think veterinarians got a fair chance to speak.

"I wish the subcommittee had seen fit to present a more balanced witness panel," Foley tells DVM Newsmagazine. "The AAEP was not officially asked to provide a witness, nor did the subcommittee request the appearance of an actual racetrack veterinarian, despite our attempts. Veterinarians are the experts on horse health, and the hearing lacked the important expertise and perspective of the racetrack practitioner."

Scollay agrees. "It's unfortunate that not a single practicing racetrack veterinarian was called to speak about the role they play," Scollay said after the hearing. "Whether there's a difference of philosophy between them (the witnesses making statements about veterinarians and possibly the Congress members) and myself, everyone's opinion needs to be heard."

Another witness, trainer Jack Van Berg, told Whitfield drug problems in the industry are serious and pervasive. "It's like chemical warfare," he said.

Rick Dutrow, trainer of Kentucky Derby and Preakness winner Big Brown, didn't show up for the hearing.

"I'd like to note the empty place," Schakowsky said. "Apparently Mr. Dutrow is too ill to travel to D.C. Unfortunately, he never informed the committee of his illness."

The panel wanted to ask him why he reportedly gives his horses the currently legal steroid Winstrol once a month. In written testimony submitted earlier, however, Dutrow told the committee why he approves of giving his horses steroids. "It helps horses eat better, their coats brighten, they're more alert. It helps them train."

One of the final witnesses, Allie Conrad, who heads a group called CANTER Mid Atlantic that helps injured horses that are forced out of racing, told the subcommittee that such horses "go through a terrible, terrible withdrawal period" from various drugs.

Who should regulate industry?

Currently, the Interstate Horse Racing Act (IHRA) is the only federal regulation of racing, allowing off-track betting and simulcasting. Medication, drug testing and betting are regulated by the states.

But that could change.

The first announcement said the hearing would "examine the fact that horse racing lacks a central regulatory authority like other sports leagues, such as the National Football League and Major League Baseball, and has been very slow to address longstanding problems plaguing the sport. Given the unique benefits of the IHRA to the racing industry, the hearing will play an oversight role in determining whether the special status of the sport under federal law is still warranted."

Wrapping up the testimony, Alex Waldrop, the NTRA's president and CEO, agreed with the Jockey Club's Marzelli that the industry can and will do a good job of regulating itself if given the opportunity.

"This industry is no longer a rudderless ship," he said. "We've proven (referring to the Jockey Club committee's work) that we can act quickly and effectively. The last thing this industry needs is another level of bureaucracy."