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Minutes of Public Meeting - July 15, 2021

Commission Members Present:

Emmet Davitt
Ernie Grecco
David Hayden
Thomas Bowman
Michael Algeo
Tammy Lafferty
Clarissa Coughlin

Members Absent:

Tom Winebrener
Konrad Wayson

Staff Present Representing the Maryland Racing Commission:

J. Michael Hopkins

Executive Director
Eric B. London
Assistant Attorney General

In accordance with §3-302, General Provisions Article, Annotated Code of Maryland, the Maryland Racing Commission (“Commission”) met live and by conference call in open session at 12:30 p.m. on July 15, 2021 at Pimlico Race Course. Prior to the meeting, Chairman Emmit Davitt informed the public that their phones should be muted, but he would give the public the opportunity to address the Commission during Public Comments. At the start of the meeting, Chairman Davitt took a roll call of the Commission members and verified that all members were present, except Konrad Wayson and Tom Winebrener.

Minutes – May 27, 2021

The Commission waived a reading of the minutes of its May 27, 2021 meeting and voted unanimously to approve the minutes.

Final Regulation – 09.10.01.07

The Commission was presented with a request for final approval of COMAR 09.10.01.07, which would reduce the amount of time from 180 days to 120 days that a horse would be eligible to run in an optional claiming race. Hearing no objection, the Commission unanimously approved the request for final adoption.

Maryland State Fair.

Executive Director J. Michael Hopkins presented the Commission requests from the Maryland State Fair for racing between August 27, 2021 through September 6, 2021 with 7 days of live racing as well as their request to import and export the races they find marketable. Hearing no objection, the Commission unanimously approved the requests.

Maryland Bred Race Fund.

Executive Director J. Michael Hopkins asked the Commission to ratify an e-mail poll conducted on June 28, 2021 approving the Bred Fund breeder and stallion bonuses from July 1, 2021 until December 31, 2021, including the percentages for Maryland Million Day. Hearing no objection, the Commission unanimously ratified the request.

Maryland Jockey Club - Request to Transfer Laurel Meeting to Pimlico.

Executive Director J. Michael Hopkins asked the Commission members to ratify an e-mail poll conducted on June 14, 2021 approving the transfer of the Laurel summer meeting to Pimlico due to the reconstruction of the track surface at Laurel Park. Hearing no objection, the Commission unanimously ratified the request.

Maryland Jockey Club - Request for the Laurel Fall Race Meeting.

The Commission was given a request from the Maryland Jockey Club (“MJC”) for their Fall race meeting beginning September 7, 2021 through December 31, 2021. The request consisted of 59 days of live racing 4 days per week, the importation and exportation of signals the MJC find marketable as well as other race meeting approvals that are currently in place. Hearing no objection, the Commission unanimously approved the requests.

Maryland Jockey Club Update.

Mike Rogers of the MJC reported that the repairs to the track at Laurel Park are moving as scheduled and had a completion date of August 2, 2021. Mr. Rogers advised that if all goes well, horses could begin to train over the new surface by August 6, 2021. Mr. Rogers also advised that 11 barns had been painted, dirt for stalls and shed rows have been spread and the rat issue in the barn area was under control. Mr. Rogers commented that the rats have moved toward the clubhouse, but had confidence that they soon would be eradicated. Mr. Rogers also advised that the Pimlico meet had produced strong handle, highlighted by the mandatory payout of the Pick 6. Mr. Rogers also noted that purses have increased by 15%. Audra Madison presented a marketing plan that the MJC would be implementing in the Fall. The plan included examples of fan interaction through the internet with digital marketing. Ms. Madison also reported that their website platforms were in the process of being overhauled to increase their outreach, including e-mail and an online newsletter.

Ocean Downs Update.

Bobbi Sample reported that on July 5th the camel and ostrich races drew the largest crowd she had seen in ten years at Ocean Downs. Ms. Sample advised that handle was up over previous years and hoped the event would encourage those who attended to return. Commissioner Grecco asked why there were not any live tellers at the track. Ms. Sample responded that covid, cost and staffing issues were all challenges. Commissioner Grecco expressed his desire to have at least one teller on site. Ms. Sample responded that there is always a teller present during racing.

Medication Committee Report.

Executive Director J. Michael Hopkins reported that on June 30, 2021, the MRC’s Medication Committee, which is comprised of trainers, veterinarians, representatives from both the thoroughbred and standardbred horsemen’s organizations as well as three Racing Commission members, met via conference call to discuss the recent rash of positive findings reported from Industrial Laboratories, the Commission’s new testing laboratory, for the adjunct bleeder medications Amicar and Carbazachrome. These specific medications have been used historically and routinely as adjunct bleeder medications with the intent to reduce the severity of EIPH. Prior to 2014, these medications were permitted to be administered to horses 2 hours prior to a race. They were subsequently prohibited, when the Commission eliminated the administration of medications within 24 hours of a race (except for regulated Lasix). Having been banned on race day and without any regulatory guidance, trainers have continued to use these medications during training without concern of being in violation of the medication rules. Mr. Hopkins advised that the Commission’s former testing laboratory Truesdail did not report any violations for these substances and the Medication Committee does not know of Truesdail’s testing protocols.

In April 2021, the Commission switched laboratories from Truesdail to Industrial. Soon thereafter, Industrial started reporting positive tests for these substances. Mr. Hopkins advised that to date, 7 positive findings have been reported in the standardbred industry, which have been adjudicated by the Judges without appeal from their decision. The thoroughbred industry has 5 positive findings that have not been adjudicated.

Mr. Hopkins advised that it was reported in the Thoroughbred cases that the administration of Amicar was for training purposes and up to 6 days prior to a race. Industrial advises that their best estimation is that that these administrations were all outside 24 hours before a race, in compliance with Maryland’s rule. These substances are not currently regulated. It was noted that there is not any information that would provide trainers and veterinarians with any guidance as to withdrawal times for the use of these medications. There is only one published research paper and it concluded that Amicar had demonstrated efficacy. No testing thresholds or withdrawal time guidelines have been issued.

Because of the rash of positive tests, and to be proactive, the Maryland Thoroughbred Horsemen’s Association and Cloverleaf Standardbred Owners’ Association published advisories to their members to immediately stop using adjunct medications which could result in an adverse finding.

Mr. Hopkins also advised that the individuals participating in the meeting concluded that, under the circumstances and to be fair to horsemen who believe they have been in compliance with Maryland’s medication rules, it would recommend to the Commission that as to any findings that have not been adjudicated, the trainer would receive a warning in lieu of a disqualification for a class 4 violation and that any future finding as of August 1, 2021 would then subject the horse to being disqualified and possible additional sanctions to the trainer. It is also recommended that the use of such medications not be allowed until such time as formal withdrawal time guidance and testing thresholds, if any, are established. The Committee also discussed the need for research to assist in the use of these therapeutic substances and there will be a request to the RMTC to undertake such research.

Commissioners Tammy Lafferty and Clarissa Coughlin commented that they did not believe it was fair to let the thoroughbred horsemen have a warning while the Standardbred horseman had been penalized. Commissioner Tom Bowman responded that he agreed with them, but the two issues need to be separated and dealt with individually. Dr. Bowman suggested that the Commission make a decision on the Committee’s recommendation, then look for a way to make the Standardbred horsemen whole. Eric London, Commission Counsel, commented that he would review and make a recommendation to the Commission at the August meeting in regard to the Standardbred trainers. Alan Foreman representing the Maryland Thoroughbred Horsemen commented that in the past, the MTHA did find a way to make the end result fair. Mr. Foreman suggested that the Standardbred horsemen take the funds from their purse account to pay the owners and expunge the rulings against the trainers. As for the Amicar issue, he noted that research was needed. Chairman Davitt suggested that the recommendation from the committee be moved forward and that the Standardbred issue be discussed at the next meeting after counsel had the opportunity to review and suggest any remedies. The Chairman took a roll call vote of the Commission, and with no objection unanimously approved the Committee’s recommendation.

Public Comments.

Gerry Brewster representing the Maryland State Fair commented that with the opening of Timonium on August 27, 2021, the State Fair would be offering twilight racing starting at 3:00 p.m. Mr. Brewster also advised that opening day would be “College Day,” where $1,000.00 scholarships will be awarded for every race. He also commented that the construction on the new sports book had started.

Dr. Alex Diaz, an equine veterinarian, commented that with the advisory prohibiting the use of Amicar, it restricts him from treating horses in the most beneficial way.

Dr. Sean Pleasance stated that the industry should investigate the use of the adjunct medications to study and determine withdrawal times and possible thresholds since the medications have been used for a long period of time within the industry. Dr. Pleasance continued saying that all of the practicing veterinarians were willing to participate in meetings to discuss the use of medications.

Trainer John Salzman, Jr. expressed his concern for the recent dexamethasone positives. Mr. Salzman’s concern is that he has been treating his horses the same way for several years and now the lab is coming back with positives.

Commissioner Dr. Tom Bowman commented that he recognizes the issues and stated he would convene his Safety and Welfare Committee to review and examine the therapeutic medications.

Next Commission Meeting.

Next Commission meeting to be at Ocean Downs on August 19, 2021 with remote access.

Emmet Davitt, Esq.
Chairman