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Agency decision

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What actually matters in this document.

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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

In the Matter of

)

)

)

JASON SCOTT, DVM,

Appellant,

)

)

vs.

)

THE HORSERACING INTEGRITY & )

SAFETY

AUTHORITY,

a

federal )

administrative agency.

)

)

Appellee.

Matter No. ________.

APPELLANT’S APPLICATION FOR REVIEW

Appellant Jason Scott, pursuant to 15 U.S.C. §3058(b) and 16 C.F.R. 1.146, requests

review of civil sanction (attached as Exhibit A) imposed against him by the Horseracing Integrity

and Safety Authority (“Authority”). The sanctions include a $25,000 fine, $5,000 in costs, and

(effectively) a five-month suspension.

Dr. Scott exclusively seeks review of whether the undisputed facts constitute a violation of

the Authority’s anti-doping and medication control protocol (hereinafter, “Protocol”) under 15

U.S.C. § 3058(b)(2)(A)(ii) and, if so, whether the rules allegedly violated are valid. Dr. Scott does

not appeal the computation of the length or dates of the penalty.

“The basic facts are not in dispute.” (Ex. A at 35; see Scott JAMS Closing FINAL, “Closing

Demo” at 10-15.) Dr. Scott possessed two medications as part of a pre-race protocol that was

considered standard-of-care for New Mexico’s (Non-Covered) Quarter Horses. He intended

exclusively to treat eight Quarter Horses at the racetrack on the day of the search. The record is

adequate for review with the exception of Dr. Tony Pickard’s testimony (substantially summarized

in Dr. Scott’s Proposed Findings of Fact (¶¶ 79–84)), which was erroneously not recorded and

requires inclusion by affidavit, stipulation, or a hearing to reflect his testimony.

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Issue 1: Does the Authority have subject matter jurisdiction?

Preservation: Rule 7090 Notice of Objections (10-17-25); Motion for Summary

Disposition (10-24-2025); Respondent’s Pre-Hearing Brief at ¶¶ 20–58; Respondent’s Proposed

Conclusions of Law (Proposed Disposition A, B).

Argument: The Authority is a creature of statute and has no power except what a statute

gives it. Nat’l Fed’n of Indep. Bus. v. Dep’t of Lab., Occupational Safety & Health Admin., 595

U.S. 109, 117 (2022). The Horseracing Integrity and Safety Act (“Act”) creates a regulatory regime

to regulate the care, treatment, training, and racing of Covered Horses. 15 U.S.C. § 3054(a)(B).

By its terms, the Act does not apply to conduct pertaining to the care, treatment, training, or racing

of Non-Covered Horses. 15 U.S.C. § 3054(l). Because there was no genuine dispute that the

conduct at issue exclusively involved the care, treatment, training, and racing of Non-Covered

Horses at the time and place where the medications were found, the Authority lacked jurisdiction.

Issue 2: Do the undisputed facts show a compelling justification?

Preservation: Same as “Point 1.”

Argument: Unlike other veterinarian cases like Perez, Shell, and Overly, here a Covered

Veterinarian possessed medication for standard-of-care use in Non-Covered Horses at the

racetrack on the day of the search. (Closing Demo at 3–9.) The “compelling justification” test

applied there has no basis in the statute or rules. When the term “justification” is defined by

reference to a legal defense, it means that a person “has acted in a way that the law does not seek

to prevent.” JUSTIFICATION DEFENSE, Black’s Law Dictionary (12th ed. 2024). The Authority

has no jurisdiction to regulate Dr. Scott’s medical decisions as to Quarter Horses in New Mexico.

15 U.S.C. § 3054(l). Because “what cannot be done directly from defect of power, cannot be done

indirectly,” the Authority cannot circumvent that jurisdictional limitation under the guise of

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“compelling justification” analysis. Wayman v. Southard, 23 U.S. 1, 50 (1825). (See “Closing

Demo” at 19-22.)

Point 3: Are Rules 3214(a), 4111, and 4117(e) void (i) for non-compliance with rulemaking

procedures, (ii) as arbitrary and capricious, and/or (iii) as to Rule 3214(a) only, for vagueness?

Preservation: Rule 7090 Notice of Objections (10-17-25); Briefs in Support of Objection

Rule 7090 Objections (10-17-25). Brief in Support of Objection to Rule 4117(e) (10-17-25);

Respondent’s Pre-Hearing Brief, ¶¶ 63–75.

Argument: If a violation is found, the sanction is nevertheless void. Any rule promulgated

by the Authority lacks legal effect unless and until it is lawfully approved by the FTC. 15 U.S.C.

§ 3053(b)(2). The Authority must “submit” proposed rules to the FTC “in accordance with” FTC

regulations and provide an opportunity for notice and comment. 15 U.S.C. §§ 3053(a), (b);

3055(a)(1); 3057(a)(1). That submission (which takes the form of a notice in the Federal Register)

must contain a “statement of purpose” with detailed answered to numerous prompts. 16 C.F.R.

§ 1.142(a). Conclusory statements and mere assertions are “insufficient.” 16 C.F.R. § 1.142(e).

This regulation effectively codifies the common-law obligation of an administrative body to show,

on the contemporaneous record produced when taking the action in the first instance, that it

“examine[d] the relevant data and articulate[d] a satisfactory explanation for its action including a

‘rational connection between the facts found and the choice made.’” 1 The submissions for Rules

3214(a) (possession) and 4111 and 4117 (defining prohibited substances at issue) met none of

Section 1.142(a)’s requirements. (“Closing Demo” at 2, 23-26.)

1

Motor Vehicle Mfrs. Ass'n of U.S., Inc. v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43 (1983) (citation omitted)

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Point 4: Does the Act unconstitutionally delegate legislative power as to the “anti-doping

program” as a whole or, alternatively, as to “Possession” of “Prohibited Substances” in

violation of the legislative/public non-delegation doctrine?

Preservation: Rule 7090 Notice of Objections (10-17-25) and Brief in Support of

Constitutional Objections (10-17-2025).

Argument: The Act unconstitutionally delegates legislative power to the FTC and the

Authority to develop an “anti-doping program” for an entire industry with virtually no guidance.

See Fed. Commc'ns Comm'n v. Consumers' Rsch., 606 U.S. 656, 673 (2025). In the Authority’s

words, the legislative scheme permits “countless alternatives.” 2 The FTC and the Authority have

unbridled discretion to determine what the “anti-doping” law for Thoroughbred racing will be,

especially in the context of “possession.”

Point 5: Do the Act and the Protocol unconstitutionally vest with the Authority and HIWU with

executive powers in violation of the private non-delegation doctrine?

Preservation: Same as “Point 4.”

Argument: The Act and Protocol vest HIWU and the Authority with executive powers to

investigate violations and initiate enforcement action. Because these private entities are not

“merely giving advice” but are exercising government power, the Act and Protocol are

unconstitutional. Consumers' Rsch., 606 U.S. at 698.

2

Rulemaking App’x Ex. 2, Fed. Reg. Vol. 88, No.17 (Jan. 26, 2023) at 5071.

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Dated: March 10, 2026.

Respectfully submitted,

/s/ Joseph C. DeAngelis

BREWSTER & DEANGELIS, PLLC

Clark O. Brewster, OBA #1114

Joseph C. DeAngelis, OBA #34142

2617 East 21st Street

Tulsa, Oklahoma 74114

(918) 742-2021, Fax (918) 742-2197

Attorneys for Dr. Jason Scott

CERTIFICATE OF SERVICE

Pursuant to 16 CFR 1.146(a) and 16 CFR 4.4(b), a copy of the foregoing is being served this 10th

day of March, 2026, via First Class mail, e-filing, and/or email upon the following:

Office of the Secretary

Federal Trade Commission

600 Pennsylvania Avenue NW, Suite CC-5610

Washington. DC 20580

Office of Administrative Law Judges

Hon. D. Michael Chappell

Chief Administrative Law Judge

Federal Trade Commission

600 Pennsylvania Avenue, NW Washington, DC 20580

(Via e-mail to oalj@ftc.gov and electronicfilings@ftc.gov)

Horseracing Integrity and Safety Authority

Samuel Reinhardt (email samuel.reinhardt@hisus.org)

Michelle Pujals, HIWU General Counsel (email mpujals@hiwu.org)

Allison Farrell, HIWU Litigation Counsel (email afarrell@hiwu.org)

401 West Main Street, Suite 222

Lexington, KY 40507

/s/ Joseph C. DeAngelis

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BEFORE THE HORSERACING INTEGRITY AND SAFETY AUTHORITY'S ANTIDOPING

AND MEDICATION CONTROL PROGRAM ARBITRATION PANEL

ADMINISTERED BY JAMS, CASE NO. 1501001099

In the Matter of the Arbitration Between:

HORSE RACING INTEGRITY WELFARE UNIT,

Claimant,

v.

DR. JASON SCOTT,

Respondent.

FINAL DECISION

I, the undersigned Arbitrator, having been designated, and having been

sworn, and having duly heard the allegations, arguments, submissions, proofs, and

evidence submitted by the Parties, and after a full evidentiary hearing occurring in

person and via Zoom in Dallas, Texas, on November 19 and 20, 2025, pursuant to

the Horseracing Integrity and Safety Act of 2020 and its implementing regulations,

do here FIND and DECIDE as follows:

1. INTRODUCTION

1.1 This case involves allegations of the presence of Prohibited Substances

in a van owned and occupied by Respondent, Dr. Jason Scott.

1.2

Claimant, the Horse Racing Integrity Welfare Unit ("HIWU"), is the

United States government-recognized entity responsible for sample collection and

results management in the anti-doping testing of thoroughbred racehorses in the

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Exhibit

A

exhibitsticker.com

United States, pursuant to the Horseracing Integrity Act of 2020, 15 U.S.C. Secs.

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3051-3060. HIWU is represented by Allison J. Farrell, Paul J. Greene, and Ryan Lipes

of Global Sports Advocates.

1.3 Dr. Scott is a veterinarian who treats thoroughbred and quarter horse

racehorses in New Mexico and Texas, and who resides in the State of Texas.

2. THE FACTS ACCORDING TO HIWU

A. Jurisdiction

2.1 Dr. Jason Scott is a veterinarian who treats both Covered and non­

Covered Horses at racetracks in New Mexico, including Sunland Park.

2.2 Sunland Park is a racetrack in New Mexico regulated by the New Mexico

Racing Commission ("NMRC"). Both Covered Horses and non-Covered Horses race

at Sunland Park.

2.3 Sunland Park is a Covered Racetrack, and HIWU has jurisdiction over

Covered Persons and Covered Horses at Sunland Park.

2.4 The parties have stipulated and agreed that the seat of this arbitration is

Sunland Park, New Mexico.

B. The Search of Dr. Scott's Vehicle on February 13, 2025

2.5

On February 13, 2025, HIWU Investigators Brian Bennett, Lane

Ruddick, and Bret Smith conducted a search of Dr. Scott's veterinary truck at

Sunland Park.

2.6

Only Covered Horses were racing at Sunland Park on February 13,

2025.

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2.7

The search began at approximately 7:30 AM, as HIWU investigators

did not want to delay veterinarians like Dr. Scott on a race day.

2.8

According to Investigator Bennett, Dr. Scott was reluctant to provide

access to his veterinary truck, saying that he had to give Lasix to a horse that was

racing that day.

2.9

When Investigator Bennett mentioned that no horse was racing until

12:20 PM {and thus the earliest Lasix could be given was 8:20 AM), Dr. Scott stated

that the horse needing Lasix was housed at the Frontera Training Center.

2.10 Investigator Benne tt became suspicious of this reasoning because

Lasix administration for a horse racing at Sunland Park is not permit ted off-trac k at

Frontera; however, Investigator Bennett assured Dr. Scott that the search should

only take 15-20 minutes.

2.11 During the search, Investigator Bennett found two bottles clearly

labeled as Pitcher Plant, also known as Sarapin, and placed them in evidence as BB1 and BB-2.

a. BB-1 was found in the top left drawer of Dr. Scott' s veterinary cabinet.

b. BB-2 was found inside a blue plastic tote, which also included

hypodermic needles and other medications.

2.12 Dr. Scott admitte d possessing and using the Pitcher Plant, but he

stated to Investigator Benne tt that he only used it on non-Covered Quarter Horses

for the treatm ent of "sacroi liac issues."

2.13 Investigator

Bennett

also

found

two

bottles

of Adenosine

Monophosphate, also known as AMP, in the top middle drawer of Dr. Scott's

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veterinary cabinet, and placed them in evidence as 88-3 and 88-4.

2.14 Each AMP bottle stated : "Each ml contains: 200 mg of Adensoine-5Monop hospho ric acid in Benzyl Alcohol 1.5% as preservative."

2.15

Dr. Scott admitt ed possessing and using the AMP, but he told

Investigator Bennett that he used AMP only on Quarter Horses for treatm ent of

issues associated with "tying up."

2.16 Dr. Dionne Benson, an expert in veterinary medication regulations and

an experienced regulatory veterinarian, testifie d that Pitcher Plant and AMP must

be controlled by possession rules because neithe r substance can be successfully

identifi ed in post-race anti-doping testing.

C. Pitcher Plant is a Banned Substance

2.17 Pitcher Plant is explicitly Banned at all times under ADMC Program Rule

4117.

D. AMP is a Banned Substance

2.18 AMP, although not explicitly named in the ADMC Program Rules, is

prohib ited under Rule 4111 as an SO Non-Approved Substance.

2.19 A substance is Banned under Rule 4111 when it is (i) not otherwise

listed in Rules 4112 through 4117, (ii) not approved by any governmental regulatory

health author ity for veterin ary or human use, and (iii) the substance is not

universally recognized by a veterin ary regulatory organization as a valid veterinary

use.

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2.20 Dr. Benson testified that the FDA withdrew any approval for AMP in

1973, and no other governmental authority in the United States has approved AMP

for veterinary or human use

2.21 Dr. Scott's expert, Dr. Clara Fenger, agreed that AMP is not FDA

approved in the United States, but asserted that Australia has approved a

medication containing AMP.

2.22 But as Dr. Benson testified, the FDA bans the importation of

medications not approved in the United States.

2.23 Additionally, the bulk drug application for AMP-which was ultimately

rejected by the FDA-explicitly states that the Australian version of AMP is "not

available in the United States."

2.24

AMP is also not universally recognized by veterinary regulatory

authorities as having a valid veterinary use.

2.25 In 2015, the FDA reiterated that AMP is "neither safe nor effective for

its intended uses as a vasodilator and an anti-inflammatory."

2.26 Additionally, Dr. Benson opined that there is no scientific literature

that supports the use of AMP to treat "tying up" (also referred to as

"rhabdomyolysis").

2.27 Rule 4111 also has two exceptions: if the drug is compliant with the

Animal Med icinal Drug Use Clarification Act ("AMDUCA"), and if the drug is

compliant with the FDA's Guidance for Industry ("GFI") #256.

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2.28 AMP is not compliant with the AMDUCA because only FDA-approved .

medications can be compliant with the AM DUCA.

2.29 The AMP here did not comply with GFI #256 because:

a. GFI #256 only applies in narrow circumstances when no other

medically appropriate treatment option exists; however, there are

recognized, FDA-approved treatments for tying-up that include FDA­

approved tranquilizers and non-steroidal anti-inflammatories combined

with fluid therapy.

b. Additionally, FDA-approved preventative medications are available for

tying up, including phenytoin and dantrolene.

c. The bottles did not comply with GFI #256's labeling requirements by

failing to state (i) the species of the patient(s) and the indication(s) for

which it will be used, (ii) contact information for the manufacturer, (iii)

name and contact information for the veterinarian ordering office stock,

(iv) an FDA-required statement about reporting suspected adverse

reactions, (v) an FDA-required statement that it is a compounded drug,

(vi) an FDA-required statement that the drug cannot be used in food­

producing animals, and (vii) an FDA-required warning that restricts the

drug to use by or on order of a veterinarian.

2.30 Dr. Benson testified that, for these reasons, AMP is a Banned

Substance under ADMC Program Rule 4111.

2.31 On the other hand, Dr. Scott' s expert, Dr. Clara Fenger, asserted that

the labeling information is sometimes included on the packaging or an insert,

although she indicated she had not seen compliant packaging in this case.

2.32 Nor did Dr. Scott produce an insert or packaging compliant with GFI

#256 during the hearing.

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2.33 Based only on the possibility that a label with the correct information

might exist, Dr. Fenger opined that there was insufficient evidence to find that AMP

was possessed in violation in Rule 4111.

2.34 Other panels, however, have repeatedly found that Dr. Fenger is not

credible, including:

a. In HIWU v. Mario Dominguez, where the arbitrator found that "Dr.

Fenger does not have the degree of independence required of an

impartial expert offering expert opinions on the pertinent issues in this

case."

b. In HIWU v. Natalia Lynch, where the arbitrator found that "Dr. Fenger

has a long-standing and ongoing relationship with the Horsemen, which

substantially detracts from her impartiality, and thus, the persuasive

value of any substantive testimony she might otherwise offer."

c. In Per Engblom (Trainer) v. New Jersey Racing Commission, where the

Commission found that her conclusion was "flawed," her theory was

"conjecture," and rejected a state Administrative Law Judge's finding that

her testimony and expert report were "credible."

2.35 As AMP did not meet any of the exceptions in Rule 4111, it is a Banned

Substance.

E. HIWU's Notice and Dr. Scott's Explanation to HIWU

2.36 On April 30, 2025, HIWU sent Dr. Scott a Notice of Alleged Anti-Doping

Rule Violations for the Possession of Pitcher Plant and AMP at Sunland Park.

2.37 On May 21, 2025, Dr. Scott responded by letter to HIWU.

2.38 In his letter, Dr. Scott asserted that he was "clearly aware that Sarapin

[Pitcher Plant] is not to be administered to covered thoroughbred horses," and that

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he only used it to treat non-Covered Quarter Horses.

2.39 Likewise, Dr. Scott asserted that in "deference to HISA rules relating to

treatmen t of covered thorough breds" he did not treat Covered Horses with AMP.

2.40 Rather, Dr. Scott indicated that he used AMP only in Quarter Horses

"who exhibit acute exertion with rhabdomyolysis," and that he kept AMP on his

veterinary truck "for exigency treatmen t of quarter horses."

2.41 On June 5, 2025, HIWU charged Dr. Scott with two Anti-Doping Rule

Violations for Possession of the Banned Substances Pitcher Plant and AMP.

2.42 Dr. Scott requested arbitratio n, and the hearing was held on November

19-20, 2025.

F. Dr. Scott's Asserted Compelling Justification at the Hearing

2.43

ADMC Program Rule 3214(a) prohibits possession of Banned

Substances like Pitcher Plant or AMP unless a Covered Veterinarian establishes a

compelling justification for the possession by a preponderance of the evidence.

2.44 At the hearing, Dr. Scott asserted that he had a compelling justificati on

to possess Pitcher Plant and AMP because he used these two substances to treat

non-Covered Quarter Horses at Sunland Park.

2.45 Specifically, Dr. Scott testified that he gave Pitcher Plant and AMP to

non-Covered Horses as part of a pre-race routine that involved giving Pitcher Plant

two days before a race, and AMP one day before a race, as a prophylactic measure

to prevent tying-up.

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2.46

Before the hearing, Dr. Scott produced redacted billing records

purport edly of Quarter Horses showing the adminis tration of Pitcher Plant and

AMP to the Quarter Horses before races:

Doctor

Date

Oescnption

Scott. J

211125

Silrapil tnJ

Scott. J

218125

AMP 200/Adcnosme MonopllOsphal tnJ

Pltkanl. J

219125

Oral Eleciroly1es-Posl Race

-- --

Quantity

Amount

Tax 11.-43~:o,:;

.___~ = ==:----'ll.

Total:_l

---~--

2.47 Additionally, the billing records showed that Horse 47 appears to have

been administered Sarapin [Pitcher Plant] and AMP twice on the same day, with no

apparen t justification.

2.48 The bil ling records did not contain any medical impressions, diagnoses,

or treatme nt records, and Dr. Scott did not provide any additiona l medical records.

2.49 At the hearing, Dr. Scott produced unredacted billing records, which

are under a confide ntiality order.

2.50 The unredacted billing records showed 17 times (on differen t dates and

two differen t invoices) when Dr. Scott administered phenylbutazone, commonly

known as "Bute," to Quarter Horses on the day before a race, in violation of the

New Mexico

Racing Commission

Rules

and the Association

of Racing

Commissioners International Guidelines.

2.51 Dr. Scott testified that the dates of the Bute adminis tration must be a

clerical error.

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G. The New Mexico Racing Commission Rules on Compounded

Medications

2.52 Dr. Scott testified to his belief that the New Mexico Racing Commission

permits the use of Pitcher Plant and AMP in Quarter Horses, and that other

veterinarians use these substances.

2.53

He also relied on a text message from the New Mexico Racing

Commission's Equine Health and Safety Advisor, Dr. Joan D'Alonzo, who told Dr.

Scott after he was searched that she did not "see anything in the New Mexico rules

about there being any banned substances for vets to have in their trucks," while

also advising him that "you have to follow federal guidelines regarding controlled

substances and compounded products."

2.54 In a letter, New Mexico Racing Commission Executive Director Ismael

Trejo indicated that both compounded substances violate the New Mexico Racing

Commission's Compounded Medications Rule, N.M.R.C. Rule 15.2.6.8(8)(10).

2.55 Additionally, under New Mexico Racing Commission Rule 15.2.6.9(3),

veterinarians must submit to the New Mexico Racing Commission the name of any

medication not listed in the Uniform Classification Guidelines, as maintained by the

Association of Racing Commissioners International ("ARCI"), if they want to use it

on the backside of a racetrack so that it may be submitted to the ARCI for

consideration of classification .

2.56 During the hearing, Mr. Trejo testified that he did not believe there had

been any enforcem ent of the compounding rule against veterinarians in New

Mexico, primarily due to resource constra ints on his office and the lack of routine

vet searches by the Racing Commission.

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2.57

Mr. Trejo had no record that either substance was ever officially

submitted to the New Mexico Racing Commission for submission to the ARCI.

2.58 Dr. Benson credibly opined that neither Pitcher Plant nor AMP are

permitted under the New Mexico Racing Commission's compounded medication

rule.

New Mexico Racing Commission Rule 15.2.6.8(8)(10) permits

2.59

veterinarians who possess and dispense compounded medications at racetracks to

do so only if:

a. The medication is prescribed consistent with the AM DUCA;

b. The medication meets enumerated New Mexico Board of Pharmacy

Rules; and

c. The New Mexico Racing Commission's labelling rules are followed.

2.60 Pitcher Plant cannot meet these requirements because:

a. Pitcher Plant cannot be prescribed consistent with the AMDUCA

because it is not a new, FDA-approved medication;

b. Pitcher Plant cannot meet the enumerated New Mexico Board of

Pharmacy Rules because those rules do not allow for compound ing

of injectable drugs; and

c. The New Mexico Racing Comm ission's drug labeling rules were not

followed.

2.61 AMP cannot meet these requirements because:

a. AMP cannot be prescribed consistent with the AM DUCA because it

is not a new, FDA-approved medication;

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b. AMP cannot meet the enumerated New Mexico Board of Pharmacy

Rules because those rules do not allow for compounding of injectable

drugs; and

c. The New Mexico Racing Commission's drug labeling rules were not

followed.

2.62 Dr. Benson explained that the Pitcher Plant and AMP in Dr. Scott's

possession were necessarily compounded because neither substance is FDA­

approved, and neither is available in a non-compounded form in the United States.

3. THE FACTS ACCORDING TO DR. SCOTT

3.1 Dr. Jason Scott has never used or intended to use Pitcher Plant (Sarapin)

or Adenosine Monophosphate (AMP) on a Covered Horse.

3.2 On February 13, 2025, Dr. Scott intended to treat eight Quarter Horses

stabled at the racetrack and scheduled to race on February 14 or 15, with a routine

pre-race protocol that included treatments of AMP or Sarapin, but was precluded

from doing so when HIWU investigators seized the medications.

3.3 Dr. Scott developed these pre-race treatment protocols based on his

clinical judgment, training, education, and experience after discussing the horses'

needs with each trainer.

3.4 The use of AMP by racetrack veterinarians as a prophylactic treatment

for exertional rhabdomyolysis in Quarter Horses is the uniform standard of care for

veterinary treatment in New Mexico, and has been so for decades.

3.5 The use of Sarapin as a substitute for or adjunct to chemical NSAIDS for

prophylactic treatment of Quarter Horses is the uniform standard of care for

veterinary treatment in New Mexico, and has been so for decades.

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3.6 Pitcher Plant Extract is a naturally occurring substance that cannot create

a change in the normal physiological performance of a racehorse.

3.7 AMP is an endogenous substance found in every racehorse (and every

living thing), and it cannot create a change in the normal physiological performance

of a racehorse.

3.8 Dr. Scott genuinely and reasonably believed that both medications were

permitte d for use in Quarter Horses in New Mexico and could be possessed at

racetracks.

3.9 Despite the widespread, open, and notorious use of compounded AMP

and Sarapin at racetracks in New Mexico, and several searches of veterinarians

carrying the medications, neither the NMRC nor any commissioner or agent of the

NMRC took any action prior to August 1, 2025, that would imply that the possession

or use of either substance was prohibited.

3.10 Dr. Scott asserts the following facts based on the testimony and the

evidence presented :

a. A billing record reflecting the dates and times of treatme nt. The

treatme nt records were reviewed unredacted at the hearing to

permit an inspection of the full pre-race treatme nt protocol for

Quarter Horses and to disclose the names of the Quarter Horses

treated, subject to a confide ntiality agreement.

b. His own testimony and witness statement explaining his pre-race

treatme nt protocols and his understanding of the rules.

c. Proof that his explanation remained consistent from the time of the

search through the completion of the arbitration.

d. The corroborating testimony of two practicing racetrack veterinarians

regarding:

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i. The standard of care for pre-race treatment of Quarter Horses

in training in New Mexico;

ii. The reasonableness of Dr. Scott's medical decision-making;

iii. The known uses of the medications and the historic regulatory

approaches to the medications;

iv. The medical need to treat conditions prophylactically and the

unavailability of alternatives;

v. The NMRC's historic tolerance regarding the use of these

substances, including details of NMRC searches of

veterinarians carrying these substances and the lack of

subsequent regulatory action; and

vi. Undisputed veterinary opinions that rhabdomyolysis is a

serious and preventable post-race condition that can result in

death if not treated.

e. Proof that was never contradicted, including:

i. The undisputed fact that eight Quarter Horses stabled at

Sunland Park Racetrack and under Dr. Scott's care were

scheduled to race over the next two days.

ii.

The undisputed fact that those Quarter Horses would have

been treated at the racetrack consistent with a pre-race

protocol that had been employed for at least 49 Quarter

Horses in the five weeks preceding the search .

iii. The protocol involved the use of AMP for the Quarter Horses

racing the next day, and Sara pin for the Quarter Horses racing

two days out.

iv. Dr. Scott requested the medications back specifically so that

he could treat Quarter Horses at the racetrack that day.

3.11 Undisputed Facts:

a. HIWU presented no witness testimony, documentary evidence, or

circumstantial facts tending to disprove any of Dr. Scott's

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explanations or points of fact.

b.

HIWU produced no document, treatmen t record, admission, or

testimony to contradict Dr. Scott's evidence that the possessed

medications had ever been used on a Covered Horse.

c. HIWU produced no document, treatmen t record, admission, or

testimony to contradict the existence of Dr. Scott's treatmen t

protocol.

d. HIWU produced no testimony on the standard of care, communi ty

practice, or historic understanding of veterinary treatmen t of

Quarter Horses in New Mexico.

e. HIWU produced no witness with any experience as a licensed

veterinarian in treating racehorses in training to contradict Dr. Scott's

evidence of the standard of care or historic understanding regarding

the use of either medication.

f. HIWU produced no evidence that the NMRC has taken any

enforcem ent action against a veterinarian for the possession or use

of compounded substances (including AMP or Sarapin) at a racetrack.

g. HIWU has not alleged Use, Administration, Attempted Use,

Attempte d Administration, or Trafficking of the medications, all of

which would have required proof that the medications were used or

intended for use on a Covered Horse.

3.12 HIWU attempte d only (1) to dispute the characterization of the

records as "medical records," (2) to dispute the credibility of the treatmen t record

itself, and {3} to establish that "accidents" or "mistakes" can happen. None of

these points create a genuine question of fact. Indeed, HIWU counsel

acknowledged on cross-examination of Dr. Scott that it "goes without saying'' that

the medications were used and intended for use on Quarter Horses.

3.13 The Arbitrato r accepts Dr. Scott's explanation that certain entries for

phenylbutazone 24 hours before a race were clerical errors by his billing staff. Dr.

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Scott explained that he knows them to be inaccurate because (1) they would have

triggered positive findings, and (2) his protocol requires phenylbutazone at least

48 hours before a race.

3.14 Dr. Scott is a licensed, practicing racetrack veterinarian with over two

decades of experience treating racehorses in training in New Mexico. Dr. Scott

treats Covered Horses (Thoroughbreds) and Non-Covered Horses (Quarter Horses)

that are stabled at New Mexico Racetracks.

3.15 Dr. Scott's only prior citation for a violation of any racing regulation

was self-reported when he inadvertently administered Lasix to a horse that was

not entered to race on Lasix, which resulted in a small fine.

3.16 On February 13, 2025, Dr. Scott intended to treat eight Quarter Horses

stabled at the Sunland Park Racetrack in accordance with a routine pre-race

treatment protocol that involved the use of Sarapin 48 hours, and AMP 24 hours,

before a race.

3.17 Those horses were identified to HIWU before the hearing to be the

Quarter Horses Chicks Comanchee, Chimes Effort, Kool Kue Blue, Prince of Fast,

Tren Ra, FS Stars and Stripes, Scoot Over Baby, and Jess A Bug ND Ocean, all of

which were scheduled to race on February 14 or 15, 2025.

3.18 Dr. Scott's protocols involvingSarapin and AMP are used exclusively for

Quarter Horses.

3.19 Dr. Scott has never used either medication on a Covered Horse.

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3.20 Dr. Scott has never "dispensed" injectable AMP or Sarapin for use by

a client.

3.21 Dr. Scott used these same protocols on at least 49 Quarter Horses who

raced at Sunland Park, most of which were stabled at the racetrack. Dr. Scott

communicated that use to his billing staff, who recorded that use in the billing

software.

3.22 Dr. Scott has used these medications in plain view of racetrack

security and regulators on Quarter Horses stabled at the racetrack for decades.

3.23 AMP is a naturally occurring substance in every living thing, and it has

no capacity to change the normal physiological performance of a racehorse. Both

parties' witnesses corroborated this fact:

a. Dr. Benson admitted that there was no evidence that AMP can create

a change in the normal physiological performance of a racehorse.

b. Dr. Benson further admitted that AMP is "obviously not" a substance

that is "prohibited in a horse on a race day" for purposes of the NMRC

possession rule.

3.24 Sarapin is a naturally occurring substance, and it has no capacity to

change the normal physiological performance of a racehorse. Both parties'

witnesses corroborated this fact:

Dr. Benson admitted that Sarapin is not a

substance t hat can affect the performance of a racehorse.

3.25 The Association of Racing Commissioners International intentionally

chose not to include Sarapin and AMP on their list of prohibited substances

because they have no capacity to influence racing performance.

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3.26 Both Sarapin and AMP have been in use as pre-race medications for

Quarter Horses in New Mexico for over four decades, and the medications are

used by virtually all racetrack veterinarians to treat Quarter Horses at racetracks

in New Mexico.

3.27 At the time of the search, Dr. Scott's use of AMP and Sarapin was

considered the standard of care for treating Quarter Horses before a race.

3.28 AMP and Sarapin are considered safe, prophylactic medications for

common post-race conditions, including rhabdomyolysis. Dr. Scott prefers the use

of these medications because they are naturally occurring substances that are

easier on the horse's body compared to chemical NSAIDs.

3.29 Rhabdomyolysis ("tying up") is a life-threatening condition that can

occur in response to intense physical exertion. Rhabdomyolysis causes the

muscles to tense and become "so hard, you couldn't drive a nail into them." It is

"absolutely" a life-threatening condition that causes severe pain and muscle death

and can progress to organ failure.

3.30 There is no way to predict which Quarter Horses will tie up during or

after a particular race. It is reasonable and consistent with the standard of care

to provide routine prophylactic treatment to prevent rhabdomyolysis. AMP is

commonly used in the Quarter Horse community for that purpose.

3.31 There are no FDA approved medications for the prophylactic treatment

of rhabdomyolysis in racehorses or alternatives to AMP that can be administered

with any efficacy prior to a race.

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3.32 In 2014, Dr. Scott submitted a list of compounded medications,

including AMP, to the New Mexico Racing Commission's Medication Committee

for classification in 2014.

3.33

The NMRC has conducted repeated searches of veterinarians at

racetracks while they were in the possession of compounded Sarapin and

compounded AMP. No search resulted in any regulatory action against the

veterinarian.

3.34

At no point prior to the search did the NMRC take any action

consistent with any belief by the NMRC that the substances could not be used for example, notices to veterinarians, investigators, or stewards, or regulatory

actions against veterinarians.

3.35 The New Mexico Board of Veterinary Medicine has twice informed the

NM RC that it has no jurisdiction to regulate which medications veterinarians carry,

and that nothing in the NMRC regulations prohibit the possession or use of

compounded substances.

3.36 Dr. Scott genuinely believes that licensed veterinarians in New Mexico

are permitted to possess and use AMP and Sara pin at racetracks in New Mexico.

3.37 In response to this action, Dr. Scott has since stopped the use of AMP

and Sarapin in pre-race treatment protocols for Quarter Horses. As a result, his

horses have suffered emergency and exigent conditions during or following a

race.

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A. HIWU's Search and Lack of Investigation

3.38 On February 13, 2025, HIWU Investigator Brian Bennett conducted a

targeted search of Dr. Jason Scott's mobile-practice vehicle at the Sunland Park

Racetrack, during which he discovered four bottles, two each labeled "Pitcher

Plant" and "Adenosine Monophosphate."

3.39

Mr. Bennett searched no other veterinarians at Sunland Park,

although several other mobile practice vehicles were present in the area where

Dr. Scott parked his vehicle . It is probable (a virtual certainty) that the six or more

other veterinarians at the racetrack that day would have been carrying Pitcher

Plant or Adenosine Monophosphate in their mobile practice vehicles.

3.40 Dr. Scott immediately informed Mr. Bennett that the medications

were intended exclusively for use on Quarter Horses.

3.41 Dr. Scott's explanation has remained consistent and unchanged from

the day of the search through the conclusion of this arbitration.

3.42 After the search, Dr. Scott treated a Quarter Horse with Lasix at the

Frontera Training Center. HIWU investigator Bennett mistakenly believed that the

horse was scheduled to race (which would make the treatment a violation). Dr.

Scott explained that the horse was scheduled to "work," not "race."

3.43 After completing the Lasix treatment, he called NMRC Equine Medical

Adviser, Dr. Joan D'Alonzo, who informed him that the NMRC had no rules

prohibiting the possession of substances by veterinarians.

3.44 Within hours, Dr. Scott confronted Mr. Bennett at the Sunland Park

Test Barn and requested he return the medication specifically so that he could

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render treatment to non-Covered Quarter Horses stabled at the racetrack.

3.45 Mr. Bennett refused to return the medications, thereby preventing

the treatments from occurring.

3.46

HIWU investigator Bennett admitted that he conducted no

investigation whatsoever into the circumstances of Dr. Scott's use of the

medications and had no evidence that Dr. Scott ever used either medication on a

Covered Horse.

3.47 Dr. Benson admitted that the identity of compounded substances can

be proved only through testing. Even so, HIWU never confirmed the identity of

the seized medications through testing.

3.48 HIWU never confirmed, or attempted to confirm, the contents of the

bottles with the manufacturer.

3.49 The labels on the seized medications incorporate by reference an

"accompanying insert." As a matter of routine, Dr. Scott discarded the package

insert when he discarded the boxes in which the Sara pin or AMP were shipped to

him.

3.50 To this day, HIWU has never asked Dr. Scott to produce the package

insert.

3.51 HIWU did not raise an issue with labelling in either its "EAD Notice" or

the "EAD Charge Letter." The first time HIWU raised a labelling issue was in early

August 2025 when HIWU submitted its pre-hearing brief.

3.52 By that time, Dr. Scott had stopped using both medications and, thus,

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did not have the insert available.

3.53 HIWU interviewed no knowledgeable w itnesses, including trainers,

staff, owners, or practicing racetrack veterinarians who would be familiar w ith the

use of AMP or Sarapin in New Mexico or in Dr. Scott's practice.

3.54 HIWU's " investigation" was comprised solely of an ex parte phone call

with Ismael Trejo. Mr. Trejo originally took a position of non-involvement in this

matter, but he changed that position at HIWU's request because he and HIWU

have a "partnership."

3.55 Mr. Trejo's opinion was drafted by HIWU prosecutor Allison Farrell.

Making only typographical edits, he signed a letter drafted by HIWU attorney

Allison Farrell taking the position that AMP and Sarapin were prohibited in New

Mexico.

3.56 By Mr. Trejo's admission, he was only "somewhat familiar" with NMRC

regulations.

3.57 Mr. Trejo did not seek Dr. Scott's input adopting HIWU's opinion as to

the applicability of NMRC regulations to compounded AMP or Sarapin.

3.58 The NMRC has taken no action against veterinarians - including Dr.

Scott - for the possession or use of compounded, injectable Sarapin or AMP, a

fact Mr. Trejo confirmed.

B. HISA's Lack of Guidance for Possession for a Non-Covered

Practice at a Racetrack

3.59 The ADMC Protocol provides no specific guidance for the Possession

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of an allegedly Banned Substance intended for use on non-Covered Quarter

Horses stabled at a Covered Racetrack.

3.60

Prior to the Search on February 13, 2025, HIWU's former Chief

Scientist, Dr. Mary Scollay, had issued the following guidance for veterinarians:

" . . . {l]f the veterinarians are practicing also on a

population of[N]on-Covered Horses, they're taking care

of quarter horses or they've got a country practice part­

time they are able to possess a Banned Substance

because we don't have control over those horses, and so

to the extent that they want to use bisphosphonates on

a Non-Covered Horse, we can't ban them from

possessing them... [W]e can't penalize people for

something that we don't have control over so, you know,

Jet's just say because we have the ability to investigate,

if the story starts to get a little weird or a little extreme,

you're going to get more than a raised eyebrow. But at

the end of the day if someone is practicing out in the

country, we don't have the authority to control the

medications they administer or carry for Non-Covered

Horses . . . [T]he regulation addresses if there is a

justification for them to be in Possession of a Banned

Substance and certainly a practice that incorporates

Non-Cov ered horses."

Hf WU v. Shell, JAMS Case No. 1501000653, ,i 2.23.

3.61 Prior to the Search on February 13, 2025, HISA's Regulatory Veterinarian

Handbook described the ADMC Protocol as a "horse-centric approach to

regulation" with "a set of rules that follow the Covered Horse," as opposed to a

set of rules that applies "to people and horses when they arrive[] at the racetrack

grounds."

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3.62 Prior to the Search on February 13, 2025, neither HISA nor HIWU had

issued any formal or informal guidance identifying specific actions a racetrack

veterinarian should take to comply with the Possession Rule if a Non-Covered

Practice at the racetrack includes the use of Banned Substances.

3.63 To this day, neither HISA nor HIWU has issued any formal or informal

guidance identifying specific actions a racetrack veterinarian should take to

comply with the Possession Rule if a Non-Covered Practice at the racetrack

includes the use of Banned Substances.

3.64 In July 2025, Dr. Scott was considering purchasing Sarapin for use in

Quarter Horses. Realizing that such act would constitute "Possession," he asked

for guidance from HIWU on the specific steps regarding how to conduct himself.

HIWU responded only that he would need to have a "compelling justification" for

possessing the substance.

C. Scope and Credibility of Witness Testimony

3.65 HIWU offered the following witnesses to give legal opinions:

a. HIWU offered the testimony of Ismael Trejo, Executive Director of the

NMRC, to speak to his understanding of NMRC regulations.

b. HIWU offered the testimony of Dr. Dionne Benson to speak to her

understanding of (1) the legal meaning of laws, including the ADMC

Protocol, AMDUCA, GFl#256, federal and state compounding

regulations, federal and state labelling regulations, NMRC's

"possession" regulations, federal and state "pharmacy" regulations,

and New Mexico's legal requirements for "medical records"; and (2)

whether Dr. Scott's conduct complied with these laws.

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3.66 A purported expert's legal opinion is not evidence and cannot be

considered as evidence of the correct meaning or the correct application of the

law.

3.67 Mr. Trejo's letter, though submitted on NMRC letterhead, was not the

product of an agency adjudication, rulemaking, or agency declaration under

NMAC 15.2.1.101.

3.68 Mr. Trejo's testimony is entitled to no weight.

3.69 Mr. Trejo demonstrated a complete lack of awareness about pertinent

facts.

3.70 Mr. Trejo ultimately testified to no factual issue in dispute, and he

expressly disclaimed any ability to do so.

3.71 The Arbitrato r finds that Dr. Benson did not testify as an independent

expert. Dr. Benson sat with HIWU's attorneys through the entire hearing, passed

notes to HIWU attorneys during examinations, and otherwise participated with

HIWU as part of their trial team througho ut the course of the hearing.

3.72 Dr. Benson openly admitted that she formed her opinions based on

incomplete facts and chose not to review relevant evidence, such as Dr. Scott's

detailed witness statement explaining his protocol.

3.73 Dr. Benson offered no testimony regarding the standard of care for

the pre-race treatmen t of Quarter Horses in New Mexico.

3.74 Dr. Benson agreed with Dr. Scott's experts on the following points:

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a. Dr. Benson admitted that "compou nding" a substance does not make

a substance a "prohibite d substance" as that term is defined by New

Mexico Racing Commission regulations.

b. Dr. Benson admitted that there was no evidence that AMP can create

a change in the normal physiological performance of a racehorse.

c. She further admitted that AMP is "obviously not" a substance that is

"prohibite d in a horse on a race day" for purposes of the possession

rule.

d. Dr. Benson admitted that Sara pin is not a substance that can affect the

performance of a racehorse.

e. Dr. Benson agreed that at the time of the search in this case, AMP was

a substance that could legally be compounded under GFI #256. Dr.

Benson agreed that the AMP formulati on Dr. Scott allegedly

possessed has regulatory approval in Australia.

3.75

Dr. Benson expressly withdrew the following opinions after cross­

examination :

a. Dr. Benson conceded that the treatmen t records were reliable

evidence.

b. Dr. Benson conceded that she could discern from the billing records

that AMP and Sarapin were used as part of a routine, pre-race

treatmen t.

c. She withdrew her opinion that "dantrolene" could be an alternative

to AMP after she admitted that doing so would be an anti-doping

violation .

d. She also withdrew her opinion that the substances violated GFI #256

after she conceded that she could not form an opinion on that matter

without reviewing the entire label. "I can't make that determin ation

without seeing the rest of the label.").]

3.76

Dr. Benson admitted that her opinions were not based on any

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personal or professional experience or training; heronlybasisforinterpretingand

applying the rules was that she "just read them."

3.77 HIWU failed to demonstrate that Dr. Dionne Benson has the necessary

training, education, or experience to offer any opinions about the "regulatory

framework, terminology, purposes, and background" regarding any of the laws

for which she was called to testify. Tang Cap. Partners✓ LP v. BRC Inc., 757 F. Supp.

3d 363, 392 {S.D.N.Y. 2024).

a. HIWU called Dr. Benson to testify about medical alternatives. Yet at no

point when she was licensed by any racing commission has Dr.

Benson ever been an attending veterinarian for a racehorse. In her

entire career as a licensed veterinarian, she has never been asked to

develop and implement a prophylactic pre-race treatment protocol

for a racehorse in training. She has never provided prophylactic

treatment to a racehorse.

b. HIWU called Dr. Benson to testify to whether billing records qualify

as "medical records" under the New Mexico Veterinary Practice Act.

Yet Dr. Benson has never had a mobile practice and, thus, has no

experience generating records in a mobile practice. She has also

never billed a client for veterinary treatment and thus, has never

generated a billing record.

c. HIWU called Dr. Benson to testify about regulations applicable to

compounded medications. Dr. Benson has never compounded a

medication from bulk substances or labeled a medication

compounded from bulk substances. Dr. Benson has never been

retained by anyone to give legal advice about compliance with FDA

legal requirements. Benson has never given input to the FDA prior to

finalizing GFI #256. Dr. Benson has never been a member of any

committee that gave input to the FDA prior to finalizing GFI #256.

Her only experience in the field is comprised of authoring two, single­

page opinion pieces that were neither peer reviewed nor

represented as guidance documents.

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3.78

Dr. Scott produced opinion evidence that not a single practicing

racetrack veterinarian would consult Dr. Benson for advice regarding how to treat

a racehorse in training. Dr. Fenger testified that she would not seek Dr. Benson's

advice regarding how to treat a racehorse in training. She knows of no practicing

racetrack veterinarian who would ever seek Dr. Benson's advice regarding how to

treat a racehorse in training. Dr. Pickard testified similarly.

3.79

Dr. Fenger recounted an event in which she "came very close to

submitting a complaint to the Vet Medical Board

11

against Dr. Benson.

She

recounted that Dr. Benson, while working as a regulatory veterinarian, and

without consulting the trainer, consulting the horse's nearby attending

veterinarian, doing a physical examination, or taking a history to determine

potential allergies to the medication, administered 11emergency 11 detomidine to

the horse intravenously because it was a hot day, all without any valid client­

patient relationship. The medication is contraindicated in the absence of seizures

(there were none) because it reduces the horse's ability to dissipate heat, so its

use put the horse in unnecessary danger.

3.80 Dr. Scott's experts, Dr. Clara Fenger and Dr. Tony Pickard, both have

decades of experience as practicing racetrack veterinarians and must conduct

themselves, on a day-to-day basis, in a manner that comports with the laws

discussed in this case.

3.81 Dr. Fenger's qualifications are:

a. Dr. Fenger is a founding member of the North American Association

of Racetrack Veterinarians; is a member of the American Academy of

Veterinary Pharmacology and Therapeutics; is a diplomate of the

American College of Veterinary Medicine, the AVMA, the KVMA and

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the KAEP; and is a board member of the Equine Health and Welfare

Alliance.

b. Dr. Fenger has been retained by Lisa Lazarus, now the CEO of HISA, as

an expert on two separate cases.

c. Dr. Fenger has published approximately 45 peer-reviewed scientific

articles and chapters in veterinary textbooks about the medical

treatment of active racehorses. These articles have appeared in the

Equine Veterinary Journal, the Journal of Comparative Exercise

Physiology, and others.

d. Unlike Dr. Benson, Dr. Fenger has extensive experience with

compounded medications and with ensuring compliance with

regulations governing compounded medications.

e. Unlike Dr. Benson, Dr. Fenger provided input to the FDA for the

development of GFI #256 in her personal capacity and as a member

of committees fo r industry organizations that put together

recommendations for the FDA.

f.

Un like Dr. Benson, Dr. Fenger has been received as an expert in state

and federal court in criminal cases and veterinary ma lpractice cases,

and in administrative cases before racing commissions.

g. Unlike Dr. Benson, Dr. Fenger has published several scientific papers

on rhabdomyolysis.

3.82 The Arbitrator finds Dr. Fenger's testimony to be cred ible. Of note,

every single one of the facts HIWU claimed demonstrated Dr. Fenger's bias was

equally true - if not more true - for Dr. Benson.

3.83 Dr. Tony Pickard has been a practicing, mobi le racetrack veterinarian

in New Mexico for over four decades. He explained that the community of

racetrack veterinarians in New Mexico was very small, with only a handful of

practicing veterinarians. He is fam iliar with the standard of care for treating

racehorses in training.

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3.84 Dr. Pickard testified that AMP and Sarapin have been used in Quarter

Horses in New Mexico since before he started practicing over forty years ago. Dr.

Pickard explained that over 99% of racetrack veterinarians in New Mexico would

have these medications on their truck for Quarter Horses, and that if the

Possession Rule was applied to possession of these medications for Quarter

Horses, there would be no practicing racetrack veterinarians in New Mexico and,

consequently, no racing.

3.85

Dr. Pickard testified that both medications are considered by

practicing veterinarians to be safe, prophylactic medications for common

conditions that occur during racing, including rhabdomyolysis. Their use before a

race is considered the standard of care in New Mexico. Dr. Pickard testified that

their use was well known to the New Mexico Racing Commission and has never

been considered illegal.

3.86 Dr. Pickard testified that he has been searched numerous times by

NMRC investigators while in possession of these medications at the racetrack, and

NMRC investigators never took the position that AMP or Sarapin were illegal to

possess. Mr. Trejo's letter was the first time anyone at the NMRC took the position

that the medications were illegal.

3.87

Dr. Pickard explained that HIWU's reading of NMRC rules was

nonsensical because it would ban every injectable compounded medication,

regardless whether it contained a prohibited substance. That reading would, for

example, ban the use of diluted vitamins and oral electrolytes, which are

compounded injectable substances that are routinely administered by every

veterinarian to horses in every barn, including at racetracks, and have never been

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considered "prohibited substances."

3.88

He explained that the rule is more reasonably understood as

articulating the requirements for "dispensing" non-injectable substances (like an

oral medication or ointment) to trainers for later use on a racehorse. The rule does

not address dispensing injectable substances because, Dr. Pickard explained, only

a veterinarian can administer an injectable substance to a racehorse (i.e., a trainer

cannot possess an injectable substance). Dr. Pickard ultimately concluded that the

rule most likely clarified the procedure for dispensing non-injectable substances

to non-veterinarians, rather than proh ibited the use of all compounded injectable

substances.

4. EXHIBITS

HIWU submitted 16 exhibits which were admitted into evidence.

Dr. Scott submitted 25 exhibits which were also admitted into evidence

5. WITNESSES

HIWU called the following witnesses who testified concerning the facts and

the evidence: Brian Bennett, Ismael Trejo and Dr. Dionne Benson.

Dr. Scott called the following witnesses who testified concerning the facts and

the evidence: Dr. Clara Fenger, Dr. Tony Piccard and Dr. Jason Scott.

6. ANALYSIS

The facts in this case were thoroughly presented by both parties. On the

morning of February 13, 2025, HIWU Investigators Brian Bennett, Lane Ruddick and

Brett Smith conducted a search of Dr. Scott's veterinary truck at Sunland Park, New

Mexico. The search began at approximately 7:30 a.m ., as HIWU Investigators did

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not want to delay veterinarians like Dr. Scott on a race day.

On this day, only

Covered Horses were racing at Sunland Park.

Dr. Scott told Investigator Brian Bennett (''Bennett") that he had to give Lasix

to a horse that was racing that day. When Bennett mentioned that no horse was

racing until 12:20 p.m. (and thus the earliest Lasix could be given was 8:20 a.m.),

Dr. Scott stated that the horse needing Lasix was housed at the Frontera Training

Center. Bennett became suspicious of this reasoning, because Lasix administration

for a horse racing at Sunland Park is not permitted off-track at Frontera. Investigator

Bennett assured Dr. Scott that the search should only take 15 - 20 minutes.

Although there were at least seven other vans parked along the fence and

located in New Mexico or Texas, only one van was stopped and searched -- the one

belonging to Dr. Scott.

During the search of Dr. Scott's truck, Investigator Bennett found two bottles

clearly labeled as Pitcher Plant, also known as Sarapin, and placed them in evidence

as 88-1 and 88-2.

a.

88-1 was found in the top left drawer of Dr. Scott's veterinary cabinet.

b.

88-2 was found inside a blue plastic tote, which also included

hypodermic needles and other medications.

Dr. Scott admitted to possessing and using the Pitcher Plant, but stated to

Investigator Bennett that he only used it on non-Covered Quarter Horses for the

treatment of "sacroiliac issues."

Investigator Bennett also found two bottles of Adenosine Monophosphate,

also known as AMP, in the top middle drawer of Dr. Scott's veterinary cabinet and

placed them in evidence as BB-3 and B8-4. Each AMP bottle stated : "Each ml.

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contains: 200 mg of Adenosoine-5-Monophosphoric acid and Benzyl Alcohol 1.5%

as preservative." Dr. Scott admitted to possessing and using the AMP, but he told

Investigator Bennett that he used AMP only on Quarter Horses for treatment of

issues associated with tying-up.

Dr. Scott had previously sent a written request to HIWU for an interpretation

of the Rules and received a courteous reply. He had also testified as an expert

witness in a case where the HIWA sought to, and did, prove previous violations of

the code by a trainer who trained Thoroughbreds and Quarter Horses in Texas and

New Mexico.

Dr. Benson, HIWU's expert on veterinary medicine regulations, testified that

Pitcher Plant and AMP must be controlled by possession rules because neither

substance can be successfully identified in post-race anti-doping testing.

Pitcher Plant is explicitly banned at all times under ADMC Program Rule 4117.

Thus, Dr. Scott had two prohibited substances at a Covered Racetrack on a day

covered Thoroughbreds were running.

He also had inconsistencies in his billing records which he said were mistakes

made by his administrative staff. He testified that he had never knowingly violated

any rules of the HISA and had committed no known violations of the New Mexico

Racing Commission ("NMRC") rules and regulations.

The evidence also shows that Dr. Scott's van was selectively identified for a

search by Investigator Bennett out of the seven or eight vans parked along the fence

in either New Mexico or Texas that day. The evidence further demonstrates that

Dr. Scott had requested information from HISA's general counsel's office concerning

what substances were covered in the treatment of Quarter Horses. He testified he

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had previously served as an expert witness adverse to HIWU in at least one case

involving a New Mexico veterinarian.

In his more than two decades as a veterinarian treating Thoroughbreds and

Quarter Horses, Dr. Scott had only one reported violation, and that was a violation

he self-reported . He did not use Pitcher Plant or AMP on any Thoroughbreds on

the day of the inspection, and he stated that he only intended to use the substances

on Quarter Horses.

He followed the standard practices of the veternarians in New Mexico at that

time, and it was unclear, at best, if the NMRC was following the rules set out for

enforcement at HIWU. In fact, the commissioner of the NMRC was somewhat

confused about what was covered before the investigation of Dr. Scott's truck.

Dr. Scott admitted to having both AMP and Pitcher Plant in his van and was

generally cooperative throughout the investigation. He turned over his AMP and

Pitcher Plant bottles when requested to do so.

Dr. Scott is a widely recognized veterinarian who routinely treats horses

trained by noted, reputable trainers in New Mexico and Texas, and by many national

and international trainers as well.

He is recognized as a leader in veterinarian

organizations and has served on boards and committees at the local and national

levels as well.

The parties elicited both general and technical expertise from numerous

witnesses and produced exhibits, including correspondence, emails, scientific and

technical information from experts in the field of medication and treatment of

racehorses, test results, and various reports and selections of literature related to

this matter. They also cited relevant cases and statutes.

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The pleadings and briefs submitted and reviewed demonstrated outstanding

advocacy by the parties' respective counsel in their Pre-Hearing Briefs and Rebuttal

Briefs; Findings of Fact and Conclusions of Law; Post-Hearing and Rebuttal Briefs,

and in their detailed analysis of the law and appropriate standards of conduct. The

parties agreed that the site of the arbitration was Sunland Park, New Mexico, to

avoid any jurisdictional disputes. Each and every fact in evidence, and the cases

cited, are analyzed and discussed in their extensive briefing and analysis.

The basic facts are not in dispute, but the basis for the selection of Dr. Scott's

van by Investigator Bennett remains questionable.

FINAL AWARD

Therefore, based upon everything previously discussed and presented in this

matter, I hereby Award and Rule as to Dr. Scott:

A period of ineligibility of eighteen (18} months from the date of the initial

inspection (February 13, 2025} for possession of two prohibited substances. The

18 month period of ineligibility will expire on August 13, 2026.

A fine of $25,000 and a payment of $5,000 in adjudication costs based upon

all of the facts and evidence presented.

No other remedies are appropriate.

Dated: February --1h._, 2026

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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