HISA Medication Program Rules Remain In Limbo

Saturday, February 4, 2023
Monday, May 1, 2023

The Horseracing Integrity and Safety Authority Jan. 27 said it expects its Anti-Doping and Medication Control Program to take effect March 27 given the fact the Federal Trade Commission has published the resubmitted rules to the Federal Register. But on Jan. 31, the Fifth Circuit Court of Appeals, which in November ruled the Horseracing Integrity and Safety Act of 2020 unconstitutional, rejected motions by HISA and the FTC to have the case reheard.

The FTC action began a 14-day public comment period on the AMDC Program regulations, and the FTC has 60 days to approve or deny the proposed rules. As of Feb. 2, the FTC had taken no further action in the wake of the Fifth Circuit ruling, which states: “It is ordered and adjudged that the judgment of the district court is reversed and remanded to the district court for further proceedings in accordance with the opinion of this court.”

The United States District Court for the Northern District of Texas had upheld the HISA law earlier in 2022.