RegImpact
ftcproposed· Published 1/26/2023· Effective 3/27/2023

HISA Anti-Doping and Medication Control Rule

The Horseracing Integrity and Safety Act of 2020 recognizes a self-regulatory nonprofit organization, the Horseracing Integrity and Safety Authority, which is charged with developing proposed rules on a variety of subjects. Those proposed rules and later proposed rule modifications take effect only if approved by the Federal Trade Commission. The proposed rules and rule modifications must be published in the Federal Register for public comment. Thereafter, the Commission has 60 days from the date of publication to approve or disapprove the proposed rule or rule modification. The Authority submitted to the Commission a proposed rule on Anti-Doping and Medication Control on December 30, 2022. The Office of the Secretary of the Commission determined that the proposal complied with the Commission's rule governing such submissions. This document publicizes the Authority's proposed rule's text and explanation, and it seeks public comment on whether the Commission should approve or disapprove the proposed rule. This document is substantially similar to the document published on October 28, 2022, as corrected on November 4, 2022, and the Commission will consider all comments filed in response to that document as well as all comments filed in response to this document.

What this rule actually says

This rule sets anti-doping and medication control standards for horse racing—specifically, it defines which drugs horses can and cannot receive, how to test for them, and what happens when violations occur. It's about keeping performance-enhancing substances out of competitive horse racing. Nothing here is about AI, medical data, or software.

Who it applies to

  • If building an AI medical scribe, hiring assistant, or support chatbot: this does not apply to you. Period.
  • If you operate a horse racing track, stable, or racing organization: this applies to you, but you're not the indie AI founder this guide is written for.
  • Jurisdiction: United States only (this is a U.S. Federal Trade Commission rule).
  • AI use cases: None. This rule predates and makes no mention of artificial intelligence.
  • User data: Not relevant to this rule.

What founders need to do

  1. Read no further on this rule. (Effort: 0 minutes. You're done.)
  1. If you're somehow involved in horse racing operations, consult a compliance professional about the full text once it's finalized—this is currently a *proposed* rule pending FTC approval. (Effort: varies, but hire a lawyer.)
  1. Check your actual regulatory exposure. If you're building healthcare AI, look into FDA guidance, state medical board rules, and HIPAA instead. If you're hiring software, check employment law and wage-and-hour rules. If you're building chatbots, review FTC guidance on consumer protection and AI disclosures. (Effort: 2-4 hours per category.)
  1. Set up a compliance monitoring system for regulations that *actually* affect your business. Tools like RegFi, Comply, or even a simple Google Alert for your industry + "FTC" or "FDA" costs far less than a compliance disaster. (Effort: 1-2 days setup, 1-2 hours monthly.)

Bottom line

Ignore this rule—it's about horse racing drug testing, not AI—and redirect your compliance energy toward regulations that actually govern your product and users.