A Look at Consequences of Louisiana Drug Rule Changes

Tracks and horsemen are voicing concerns about possible negative consequences for Louisiana following track veterinarian-driven rule changes that will roll back restrictions on controlled medications and allow increased use of substances of high concern, such as clenbuterol and corticosteroids.

The move goes against the grain nationally, as most jurisdictions have added restrictions on medications in an effort to improve safety and integrity. The changes have major track owners such as Churchill Downs Inc., which uses its Fair Grounds Race Course & Slots as a launching pad for Kentucky Oaks (G1) and Kentucky Derby (G1) starters, horsemen, and industry organizations questioning how a racing environment can work with one major state offering a radically different set of medication rules than the rest of the country.

“My first reaction is embarrassment because Louisiana is my home; Louisiana always will be my home,” said classic-winning trainer Keith Desormeaux, who runs horses in multiple states. “It’s just part of who I am, and I would like to see more progressive thinking out of there.

“They could have tweaked the medication rules in smaller ways, I guess. But I think they went too far.”

That sentiment was shared by CDI and multiple horsemen interviewed by BloodHorse for this story.

CDI said it was blindsided by the rule change that will impact its Road to the Kentucky Derby and Road to the Kentucky Oaks races in which the track owner has tried to ensure that all horses in that series are competing under the same medication rules. For instance, the vast majority of the Oaks and Derby prep races do not allow race-day Lasix and for the races that do, any horse who races with Lasix is ineligible to secure qualifying points.

“Churchill Downs Incorporated is extremely disappointed with the Louisiana Racing Commission’s ’emergency rule making’ to weaken Louisiana racing medication standards,” Churchill Downs said in a statement. “We had no opportunity to weigh in on this action and view it as an inexcusable abuse of process resulting in a substantial degradation in the safety and integrity of racing in the state. 

“To reiterate, we had no prior knowledge of these new emergency rules being discussed or implemented. We are evaluating our options with respect to the Road to the Kentucky Derby/Oaks and daily racing at Fair Grounds.”

Both Louisiana Racing Commission executive director Steve Landry and Louisiana Horsemen’s Benevolent and Protective Association board president Benard Chatters said the changes were championed by track veterinarians currently serving as commission members and Steven Barker, who retired in 2015 after 29 years as the director of the Equine Medication Surveillance Laboratory and state chemist to the commission. 

Trainer Al Stall Jr. respects Barker’s views and considers him “the leading equine pharmacological expert in the country.”

Chatters acknowledged a lack of consensus in his organization, noting that he heard from member horsemen who favored the changes and those who opposed the revisions. Chatters himself favors the changes, saying he believes some of the rules made in the United States have been knee-jerk reactions instead of based in science and veterinary expertise.

The changes regarding clenbuterol, corticosteroids, non-steroidal anti-inflammatories, and other controlled medications allow for larger doses of these substances, withdrawal times closer to races, and increased threshold levels for the amount of the substances permitted in the horse on race day.

Horseracing Integrity and Safety Authority rules, enforced by the Horseracing Integrity and Welfare Unit, are not currently in place in Louisiana, while the sport awaits a ruling from the Fifth Circuit Court of Appeals on the contested constitutionality of the federal law that authorized HISA.

Trainer Bret Calhoun, a Louisiana HBPA board member and a longtime critic of the HISA rules, said he sees some of the rule changes as beneficial. He said restrictions on the use of some types of medications have resulted in horsemen needing to use less effective medications to treat common ailments associated with racing and exercise. He runs horses across the country.

Calhoun doesn’t support all of the Louisiana changes.

“The biggest sticking point is the clenbuterol. It just won’t work. It won’t work for you running horses in state and then trying to go out of state.”

Clenbuterol, allowed as a controlled medication as a bronchodilator, has long been a substance of concern because of its anabolic potential if abused. The LRC rule will allow for clenbuterol (brand name Ventipulmin) to be administered up to 725 micrograms with a withdrawal time of just 72 hours—down from 14 days.

HISA has put in further restrictions to prevent clenbuterol abuse. It requires documentation that clenbuterol has been prescribed, and requires horses who receive it as a prescribed medication to have testing showing they’re clear before they can race. If found in testing with no prescription records, clenbuterol is viewed as a banned substance and carries major sanctions.

A number of trainers are frustrated to see a major racing state go the opposite way of the rest of U.S. racing.

“These rules are going against all of what the industry has moved toward and tried to put forth—a more positive direction in racing,” added trainer Cherie DeVaux, who runs horses at Fair Grounds before bringing them up for her primary base in Kentucky.

She and other trainers questioned how the use of clenbuterol could impact claiming and moving horses from state to state, as horses often do. Some fear that claiming or acquiring a horse from another trainer that they did not realize uses clenbuterol could put them at risk for a follow-up test in a HISA-regulated state and endanger the horse’s eligibility.

Trainers not using clenbuterol could be at a competitive disadvantage in Louisiana against others using the drug. 

Stall, whose late father, Al Stall Sr., chaired the LRC for 28 years, was not as surprised as other trainers by the commission’s actions.

“This has been in the hopper, in the drop box, for a while,” he said.

Some trainers see the LRC’s action as a reaction to HISA, which some critics have said overreached in its rules and adjudication process. The Texas Racing Commission, in another example, believes only it is authorized to regulate horse racing in that state.

Stall believes that elements of the emergency Louisiana rules could be changed. Its rules related to clenbuterol would appear so controversial as to warrant discussion for revision.

“I’m not gonna throw the flag on it wholesale or love it wholesale,” Stall said. “My guess is by the time the Fair Grounds is rolling around, the flagship meet, the rules might be tweaked a little bit here and there.”

Though some horsemen based in Louisiana year round are said to favor the changes, Fair Grounds’ leading trainer, Shane Wilson, does not.

Reached the afternoon of May 30 while driving between Louisiana Downs and Evangeline Downs in the state, Wilson said he “didn’t find anything wrong with the (state) rules the way they were.” The Louisiana-based trainer said “they were already more lax than everybody else” operating under strict HISA regulations.

Like Calhoun, he does not see all the changes as negative. He cited that treating horses with ulcers closer to a race with omeprazole, also known by its brand name Gastrogard, would be beneficial for horse health. 

Leading organizations are concerned. As an international event that has pushed for consistency in U.S. racing and medication rules to allow for a level playing field among its competitors, Breeders’ Cup expressed frustration at Louisiana’s changes. 

“As an unequivocal supporter of uniform rules and regulations across the nation, Breeders’ Cup is confounded by the misguided decision of the Louisiana Racing Commission, which inexplicably takes the safety and integrity of racing in Louisiana in completely the wrong direction,” said Claire Crosby, vice president of communications for Breeders’ Cup. “We urge the Louisiana Racing Commission to immediately retract their ’emergency rules’ and align with the forward-thinking majority of tracks, breeders, owners, trainers, jockeys, and other dedicated organizations whose thoughtful collaboration is resulting in significant progress toward the betterment of the sport, particularly where equine safety and welfare is concerned.”

Andy Schweigardt, secretary of the American Graded Stakes Committee of the Thoroughbred Owners and Breeders Association, said the Louisiana rule changes will not impact the eligibility of stakes in the state to be considered for listed or graded status.

The AGSC, which identifies the U.S. races that have consistently attracted the highest quality competition through its status assignments from listed to grade 1, has rules in place to ensure the integrity of these races. Those rules focus on postrace testing.

The rule requires testing for alkalinizing agents, which it outlines in some detail, calling for testing for 166 substances and recommending testing for an additional 20 substances. The AGSC does not weigh in on medication rules in individual jurisdictions.

“It is not the intent of the committee to alter an individual state’s medication rules with respect to acceptable levels of drugs, but merely to ensure that the highest possible level of testing is performed on samples from graded and listed stakes,” reads the AGSC approach on the TOBA website.

Most of the Louisiana racing season does not offer many listed and graded stakes—even the once grade 1 Super Derby has lost its listed status—but that will change when Fair Grounds returns in the fall. Fair Grounds offers a number of graded stakes, including important preps for the Kentucky Derby and Kentucky Oaks. While the AGSC rules will not impact the ability of those races to be graded, it is possible the field quality of those events will be impacted as trainers consider their options.

Some trainers interviewed by BloodHorse questioned if horses would be moved in or out of state as often if the Louisiana rules remain in place. Wilson, who sent his star Louisiana-bred filly Ova Charged  to Churchill Downs to win the Unbridled Sidney Stakes (G3T) on Kentucky Oaks day, wonders if some racetracks may not want shippers from Louisiana in light of its liberal medication rules. He believes the new rules could put “horses in this state on an island.”