By Bryan Langlois
The recent reveal of racing past performances with information about treatments a horse received from a veterinarian has created quite a lot of kerfuffle (to put it mildly) in the industry. While many questions remain (including mine of whether anyone has truly confirmed this info as accurate or just an elaborately AI created document) unanswered, there is one that has repeatedly come up.
Why aren't all vet records on racehorses available for anyone to view in a public database??
The answer to this question is kind of multifaceted, but making one small change would alleviate any legal hurdles.
What most people don't know is that there really is no HIPPA equivalent in the veterinary care world. Problem solved right? If there is no HIPPA, then show me the records! Not so fast. Each state does have a Veterinary Practice Act that dictates how veterinary records are handled. Through specific regulations and rules governing ethical conduct of veterinarians, veterinary records cannot be released to anyone without the owner's consent. The only exception to these rules is usually when an animal cruelty investigation is conducted or if the State Board is investigating a specific complaint against the vet.
This creates multiple issues in making records public. An owner would have to ensure they would be following the rules of each state Vet Board that the horse was racing in. In the case of partnerships, how does one handle it if one partner does not want the records released, but others do? What if an owner only wants certain information released? Finally, it is also important to remember that vet records are only as accurate as a vet makes them. We must be able to trust that the treatment the veterinarian puts on the record is the one that was actually given.
Another thing to consider is what database stores it and who would be paying for it? We are talking about massive amounts of data that would have to be stored. Also, how long would the records be required to be stored for. Most Veterinary Practice Acts require records on an animal to be held for three to five years and then they can be disposed of. Would the industry want the data held for decades if, say, breeders also wanted access to the info to make mating decisions?
When watching the Royal Ascot meeting last week on the GB1 feed, I was pleasantly surprised how many times I heard the commentator say a particular horse seemed to do much better after “getting an air/wind surgery.” This most likely implies the correction of an entrapped epiglottis, tie back, or soft palate surgery to allow the horse to breathe easier when racing. Why is it so hard for that information to be given about horses in the U.S.? Why is announcing a horse was gelded considered crucial information to be reported, but not a surgery that improves airflow?
This brings me to the easy solution. All that would be needed is minor change to all state racing commission owner license applications to state something to the effect, “by applying for and being granted this license as an owner, I hereby approve and or allow any veterinary records on any horse I own to be released for public inspection when requested.”
I know the immediate push back on something like this would include, “no one will understand what these medications are or what they do or why we did a surgery or not. They will just use it as something to further their agenda of claiming we are doping up all our horses.” I understand that concern, but it can be alleviated by having a simple education program with it that explains what these medications do and why they are used when they are.
I fail to understand why there is such resistance to this, and am genuinely curious to hear back from owners, trainers, vets, or anyone else who opposes the idea of the release of vet records as to why they would oppose it? Could a compromise be reached where only certain aspects of the records, such as major surgeries, are available for public knowledge?
This issue is not going to go away. Proper transparency of vet records (with the education for the public behind them) is needed to help bring back the integrity of the sport that everyone is clamoring for.
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