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Ray Paulick

The Paulick Report heard from several officials involved in the regulation of horse racing and drug testing following Monday’s publication of a commentary by attorney Alan Pincus regarding the state of Pennsylvania’s zero-tolerance medication policy. Pincus asserted that ultra-sensitive testing is picking up trace elements of prohibited substances that are so small they are caused by environmental contamination or have no influence on the racing performance of a horse.

The commentary by Pincus was in response to an earlier article published in the Paulick Report concerning a flurry of positive tests in Pennsylvania for lobeline, a medication found in nicotine patches that are used to help people quit smoking. There have been more than 50 positive tests in Pennsylvania for Lobeline, which many believe has resulted from feed contaminated by the lobelia inflate plant that grows wild in many parts of the Midwest and Northeast.

Among those who wrote with a counterpoint to Pincus is Rick Abbott, a former longtime member and chairman of the Pennsylvania State Horse Racing Commission. Abbott is also a horseman who operates Charlton Bloodstock in Chester County, Pa., with his wife, Dixie. — Ray Paulick

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By Rick Abbott

I recently retired from the Pennsylvania State Horse Racing Commission (PAHRC) after 13 years as a commissioner and several as chairman. Throughout that time I had many occasions to interact with attorney Alan Pincus, as he is the unofficial house attorney for both the Pennsylvania Thoroughbred Horsemen’s Association and the Pennsylvania HBPA when it comes to the defense of drug positives. During my term I cannot recall attorney Pincus winning one case on appeal from a ruling by the Stewards nor, I believe, did he win one of his appeals to Commonwealth Court or the Pennsylvania Supreme Court. He did, however, collect considerable fees in the process.

In the case of clenbuterol, Pennsylvania experienced a rash of positives when the Pennsylvania Equine Testing and Research Laboratory (PETRL) began testing for the drug in plasma in addition to urine. It turned out the drug was being administered at “bridle time” so that it would not have been in the horse long enough to be found in the urine when post race samples were taken. There were over 50 positives for clenbuterol in the week that plasma testing began and, miraculously, none in the week after the positives were called. The positives stopped overnight. All of the cases were adjudicated in favor of the racing commission, even those appealed to Commonwealth Court.

Aminorex presented a thornier problem. The first cases appeared in Canada and then showed up in Ohio. From there they migrated east, first to the Meadows, a harness track near Pittsburgh, and then to Penn National and Philadelphia Park. The problem for the racing commission was that the drug (a powerful stimulant) had not been commercially available for over 20 years and there was no research on its pharmacological effect on the horse. We knew aminorex was a strong “upper” but had no data as to the level at which it would effect a horse’s performance. In fact, the first few trainers who had positives took their days and paid their fines.

After the lab confirmed 30 positives the racing commission met with representatives of the horsemen and asked them to provide samples of any feed supplements they were using in the hope that we could identify the source of the positives. Some provided those samples but the lab was unable to find a source. After another meeting with the horsemen, including attorney Pincus, the racing commission agreed to ask Dr. Lawrence Soma at New Bolton Center to try to determine the level at which aminorex would affect performance.

Originally, Dr. Soma’s attempts to conduct this research were stymied by his inability to obtain the drug so that he could do administration studies. Eventually he was able to obtain some of the drug from the University of Georgia and the studies were performed. The results of those studies showed that the drug was very short acting and would have to have been administered in the post parade to have had a performance enhancing effect. The racing commission was never able to identify the source of the drug.

All of the aminorex cases were dropped and the trainers who had taken their punishment were made whole (including lost purse money). This was done in cooperation with the horsemen, and second-place horses that would have been moved up were awarded first money out of a sense of fairness.

Interestingly, aminorex, while still tested, has disappeared from racing.

Pennsylvania’s testing integrity has never been questioned by anyone but attorney Pincus in his representation of horsemen with positive tests. Commonwealth Court and the Supreme Court of Pennsylvania have consistently upheld the testing and due process procedures of the Pennsylvania State Horse Racing Commission.

I am sure that the current Commissioners will handle this new rash of positives for lobeline with sensitivity to the rights of the individuals involved, including the rights of the horsemen whose horses finished behind the horses that tested positive. I’m also sure that lobeline will stop appearing in the tests of horses racing in Pennsylvania.