A methamphetamine pipe found at the entrance to the Los Alamitos test-barn last December raises questions as to whether federal and state oversight of these supposedly tightly controlled enclosures, where blood and urine samples are drawn before being sent off for testing, is sufficient to ensure they're operated in the cleanest, most transparent way possible. On December 7, a meth pipe was discovered on the threshold of the track's test-barn, triggering an investigation by the California Horse Racing Board (CHRB).
According to CHRB spokesperson Mike Marten, no complaint was ultimately filed in the matter “because CHRB investigators were not able to link the pipe to any individual.”
Marten added, “a thorough investigation was completed (including taking fingerprints from the pipe and interviewing employees and potential witnesses), but unfortunately that investigation did not yield any evidence resulting in any articulable facts that amounted to reasonable suspicion.”
Complicating the investigation was exactly where the meth pipe was found.
Because the instrument was discovered at the entrance of the test-barn as opposed to well inside the barn area, Marten explained, “it possibly came from immediately outside, where numerous licensees (not test-barn personnel) pass by.”
The CHRB didn't drug test any of the test-barn personnel as part of the investigation (more on this in a bit).
Furthermore, five days after the meth pipe was discovered, trainer Edward Freeman ran Emma G (Listing) at Los Alamitos. The then 2-year-old filly won a maiden claiming race for Cal-breds on her racecourse bow, winning cosily.
Emma G subsequently tested positive for methamphetamine. The case is currently being adjudicated by the Horseracing Integrity and Welfare Unit (HIWU).
This timeline of events peels the curtain back on just how tightly the nation's test-barns are controlled, at the heart of which is this question: Is every possible step taken to ensure test samples aren't inadvertently contaminated?
“Absolutely not,” said trainer Ron Moquett, who sits on the Horseracing Integrity and Safety Act's (HISA) horsemen's advisory group.
At the same time, Moquett sees the issue at something of a pivot point. He said he believes test-barns overall are better managed under federal oversight, compared to the status quo that existed before. But he sees several ways overall standards could be improved.
“We definitely need standards and they need to be raised across the board,” he said.
HIWU, however, takes issue that test-barn standards pose a systemic nationwide problem.
“Nearly three years after the launch of the ADMC Program, HIWU's data (e.g., positivity rate, case outcomes) does not support suggestions that there are systemic deficiencies in test-barn conditions, cleanliness, or protocols that are the cause of positive tests,” wrote HIWU director of communications and outreach, Alexa Ravit.
Current Protocols
Though the hiring and licensing of test-barn personnel is often done at the individual track or state level, all sample collection personnel nationwide, wrote Ravit, are federally trained to adhere to the following set of procedures:
- “At the start of each horse's test session and prior to removing the lid from the collection container or sample bottles, sample collection personnel will wash their hands with soap and water or isopropyl alcohol-based hand sanitizer. Personnel collecting urine must wear a new pair of disposable exam gloves. This is repeated for each horse that undergoes sample collection.”
- “While it is required for sample collection personnel to wash or sanitize their hands before collecting blood, sample collection guidelines do not mandate the use of gloves for veterinarians collecting blood due to feedback received that gloves can inhibit the ability to collect blood safely and effectively. This is in line with practices predating the [anti-doping and medication control] ADMC program. Blood collection is performed directly into sealed tubes, thus avoiding sample contact with collection personnel, other horses, or the test-barn environment.”
- “Test-barn personnel will assign a clean and disinfected water bucket to each horse that arrives in the test-barn, and horsemen are responsible for ensuring their horse only drinks from its assigned water bucket. Test-barn personnel are required to wash, disinfect, rinse, and securely store water buckets between uses.”
What official recourse is there for horsemen and women who have concerns these protocols aren't being followed?
They could discuss the situation with the sample collection personnel or the test-barn supervisor, said Ravit. They could initiate a HIWU supplementary report, “to record details or comments specific to the Sample Collection Session,” she added. Or they can contact HIWU directly through support@hiwu.org or (816) 800-8152.
On top of this, HIWU audits test-barns “to ensure that proper sample collection procedures are being followed, including in relation to the cleanliness of the test-barn and the required hygiene policies,” wrote Ravit.
Which begs the questions, have industry stakeholders contacted HIWU directly to share concerns over test-barn practices? If so, what concerns have been raised? Similarly, have HIWU's audits identified any problems?
According to Ravit, information shared over the agency's support lines is confidential, as are the “reported findings” and “potential subsequent corrective actions” from HIWU's audits of the nation's test-barns.
(Note: unlike many other federal agencies, the HISA Authority and HIWU are not privy to Freedom of Information Act requirements).
“During every visit, reviewing best practices for test-barn cleanliness is an area of focus,” Ravid wrote, explaining how HIWU's “Operations team” visited 30 racetracks last year.
“All feedback is taken seriously, and HIWU has made changes to improve processes or address specific concerns in relation to the test-barn (and all aspects of the ADMC Program) when necessary,” Ravit added.
The prevalence of substance abuse among workers populating the nation's backstretches-as exemplified by the meth pipe found at the Los Alamitos test-barn-adds another layer of complexity.
According to the HIWU website, there are 30 pending methamphetamine-related cases, all stayed while regulators await Federal Trade Commission (FTC) approval of new rules (that were first submitted in November of 2023).
Currently, a methamphetamine positive comes with a possible two-year suspension and a $25,000 fine. The proposed rules before the FTC would see a maximum 60-day suspension and $5,000 fine for cases involving human substances of abuse.
According to Moquett, the methamphetamine detection limit has, at the urging of the horsemen's advisory committee, also been raised three times since the ADMC program went into effect, to account for the risk of cross-contamination from humans.
When it comes to test-barn employees, HIWU requires them to follow a “Sample Collection Personnel Code of Ethics,” which bars these personnel from “using or possessing Banned Substances or illegal controlled substances when conducting testing on behalf of HIWU,” wrote Ravit.
HIWU, however, doesn't have the authority to drug test these personnel to ensure compliance with the code of ethics.
“The discretion to conduct drug testing of Sample Collection Personnel is specific to the individual entities employing these staff, e.g., state racing commissions or racetracks,” wrote Ravit.
When it comes to the CHRB, the agency can only drug test licensees including test-barn personnel when reasonable suspicion exists.
“This means that investigators must have specific, objective, and articulable facts that the subject of the drug test is under the influence of drugs or alcohol,” wrote Marten, responding to questions about whether any Los Alamitos test-barn employees had been drug tested to determine if they might have possessed the meth pipe.
“Usually, these facts are observations such as slurred speech, the smell of alcohol, or erratic behavior,” he added. “Put another way, investigators could only drug test a test-barn employee if they could articulate specific facts on which they based a belief that the meth pipe belonged to a specific employee who was under the influence of methamphetamine.”
Recommendations
As Moquett sees it, three key changes would improve the way test-barns are managed.
One would be uniform surveillance cameras placed at every test-barn, the recordings archived for a sufficient enough time.
“Every place where blood is drawn, every state-run test-barn, that should all be under surveillance and recorded, every bit of it while that horse is there until it gives its urine or blood,” said Moquett. “And that should all be accessible.”
The second would be heightened consequences for personnel who fail to meet a clearer set of test-barn protocols.
The third is new system for horsemen to be able to test their horses during the window after they've been entered for a race but before they run.
“That would get rid of the contamination problem,” he said, pointing to newer affordable blood testing technologies available on the marketplace.
Eric Hamelback, CEO of the National Horsemen's Benevolent and Protective Association, wrote in an email that he recognizes HISA's efforts to establish uniform sample collection protocols.
“However, serious concerns remain regarding both the adequacy and consistent enforcement of current test-barn standards,” Hamelback wrote. “The ongoing risk of environmental transfer and contamination is real and must be more directly addressed.”
The HBPA's ideas to improve test-barn standards, Hamelback wrote, include the following:
- “Hygiene Protocols: Stronger, more uniform requirements, including but not limited to, a reconsideration of glove use for all sample collection and additional protective measures to prevent cross-contamination.”
- “Test-barn Cleanliness: Clearly defined, verifiable cleaning and disinfection standards for all surfaces and equipment.”
- “Oversight: Increased 'boots on the ground' monitoring to ensure protocols are consistently followed in practice, not just regurgitating an outlined in policy. More proactive, real-time oversight is necessary.”
The TDN shared these ideas with HIWU, who said that “many of these suggestions are already practiced or are mostly aligned with existing or proposed protocols.”
Ravit added, however, “HIWU will take this feedback and consider how to provide further visibility and education into our test-barn protocols so that all Covered Persons have confidence in the security and integrity of the sample collection process in test-barns nationwide.”
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