An arbitration panel has sanctioned a veterinarian based at Los Alamitos Race Course over a pair of anti-doping violations for possession of two banned substances in July 2024, suspending Dr. Larry Overly for nearly two years.
In a decision posted Aug. 26 to the Horseracing Integrity and Welfare Unit website, Overly was issued a 23-month suspension that began Aug. 21, was fined $25,000 to be paid to HIWU by the end of the period of ineligibility, and is required to pay $15,000 toward HIWU's share of arbitration costs.
The final decision was handed down by the Horseracing Integrity and Safety Authority's Anti-Doping and Medication Control Program Arbitration Panel.
That panel determined Overly committed two anti-doping rule violations for possession of the banned substances testosterone and isoxsuprine. According to uncontested facts of the case, those substances were found in a July 23, 2024, search of Overly's veterinary truck by HISA investigators. Dr. Overly and his veterinary technician, Jessica Ingram, were present during the search.
(In the arbitrator's "award" decision announcing the sanctions as posted to the HIWU site as of Aug. 26, the date that the isoxsuprine was found is listed as "July 23, 2014," but this is believed to be a typo as it's referenced as July 23, 2024 elsewhere in the final decision of the arbitral body.)
Testosterone is an anabolic steroid while isoxsuprine is a vasodilator that lacks FDA approval. Both are banned substances under HISA's Anti-Doping and Medication Control Program.
The decision noted that Overly is a vet who cares for and treats both Thoroughbreds and Quarter Horses at Los Alamitos in Cypress, Calif. While Quarter Horses are not covered by HISA regulations, Thoroughbreds are covered under HISA.
Represented by Andrew Mollica, Overly had argued that he was in possession of testosterone and isoxsuprine for treatment of other horses in his practice—not the Thoroughbreds covered by HISA rules. He said this group of non-covered horses makes up more than two-thirds of his practice, and in preparation of the HISA ADMC Program, he read everything put out by HISA and HIWU and thought he was allowed to possess the substances for treatment of non-covered horses. He said reported statements on these issues from former HIWU chief of science, Dr. Mary Scollay, had fortified this belief.
HISA argued that having these substances in a veterinary truck at Los Alamitos amounted to a violation and that Overly failed to prove any compelling justification for being in possession of either substance.
HISA said that during the search in July 2024, investigators found one jar of isoxsuprine powder located inside a large plastic box containing various medications on the vehicle's passenger side, rear seat. Investigators noted that the powder had an Equine Sports Medicine prescription label affixed to the jar; however, the label lacked any date prescribed, horse, or trainer information. The label also listed an expired "use by" date of July 9, 2023.
Investigators said they found four injectable vials of testosterone located inside the left top drawer of the medication cabinet located in the rear cargo area of Dr. Overly's veterinary truck. Investigators noted that the vials lacked any prescription information and one vial had been opened and was nearly empty.
Mollica submitted a written response that the testosterone was obtained from Victor Medical Company on Feb. 28, March 4, and July 23, 2024, for treatment of a non-covered horse "Cosmo," who, Overly said, was treated free of charge for a valued member of his practice.
The lack of prescriptions and information associated with the substances would prove important in the arbitrator's decision. Ahead of its final decision, the arbitrator said Overly should have known better than to bring such substances onto the track property.
"A reasonable veterinarian in Dr. Overly 's position would not have assumed he or she had a right to carry banned substances at Los Alamitos without a specific need for those substances in his or her non-covered practice simply based on the Dr. Scollay statement," the arbitrator said. "Instead, a reasonable veterinarian would have perceived risk in carrying banned substances at Los Alamitos (as Dr. Overly acknowledges he did) and would have taken steps to mitigate that risk—including reaching out to HIWU and/or Dr. Scollay.
"Based on all the evidence in the record, the arbitrator finds Dr. Overly did not take sufficient steps to mitigate that reasonably perceived risk and the (violations) are the direct result of his failure to do so. The arbitrator thus finds that Dr. Overly's objective fault is considerable, putting him in the uppermost range of objective fault."
The final decision of the arbitral body notes that the parties had reached a settlement of the case in February, but that fell through in April. An evidentiary hearing was conducted in late May, and on July 1,4 the arbitrator closed the hearing. The final 44-page report was posted Tuesday.
