While most of those who testified agreed adopting a national set of standards for performance-enhancing medications is a step
in the right direction, different solutions were proposed. "The thing that would help us the most if the federal government
got involved would be to establish a couple of super labs," said Jeffrey Gural, chairman, Newmark Grubb Knight Frank, and
chairman and managing partner of American Racing and Entertainment. "What we do now is foolish because every state has its
own lab, so the resources are being spread out too thin." To combat this, Gural proposed a super lab on both coasts, each
having a higher proportion of money channeled to them so that they can operate more effectively.
Others would like to see more traditional policing and investigating. "What we need to do is to get the FBI or the DEA involved
so they can do some good old-fashioned police work, find out what some of these drugs are that are being used, and then test
for them," Stirling said.
A nationwide ban from the sport for repeat offenders is also a popular solution. "When somebody is caught that should be the
end of it," Gural said. "And frankly, the best thing would be if we took some of these trainers out in handcuffs. That would
be the end of drugging if we walked offenders out of the barn in handcuffs. Would anybody do it if they thought they could
go to jail?"
Not everyone who testified for the committee was on board with the idea of a federal law. Matthew Whitman, national director
of the American Quarter Horse Association (AQHA) recognizes that animal welfare is the single most important issue facing
the equine industry. However, the AQHA does not support federal intervention. Instead, the organization wants the industry
to come together to regulate itself. The AQHA is urging states to adopt stricter guidelines on permitted medications and stronger
penalties for individuals who use performance-enhancing drugs. "Clearly, more must be done and is being done, not just because
we have the public trust at stake, but because it is the right thing to do for our horses," Whitman said. The AQHA encourages
state racing authorities in every jurisdiction to levy the maximum penalties allowable against people who are doping horses,
endangering horse's lives and the lives of jockeys and horsemen.
Sheila Lyons, DVM, founder and director of the American College of Veterinary Sports Medicine and Rehabilitation, said the
industry needs the proposed legislation in order to compel compliance with board regulations. She said the key to responsible
drug use and the safety and integrity of horse racing has escaped many recent discussions. "It's the context in which a drug
is used that determines its fate as either appropriate therapy or to enable recovery, or as injury-masking, or as a performance-enhancing
agent," she said. "The authority and privilege that veterinarians have to administer, prescribe, and dispense drugs is granted
not through racing commissions, but through licensure by veterinary boards."
Veterinarians are required to strictly adhere to the standards of practice that regulate the profession. This means keeping
comprehensive patient records."We must make these records available to our clients upon request," Lyons said. "But, this is
not what is happening at these racetracks. This is the real drug problem that underlies the intolerable rate of permanent
injury and death of race horses and their riders."
Lyons said if horses are acutely unwell and in need of drug therapy, they should not be allowed to race. "If they are not
unwell, they cannot be given medication under the law which regulates this profession," she said. "Racehorse" is not a diagnosis,
and a veterinarian must meet a higher standard of care in practice before administering medication.
She said if the committee expands its view to include the government oversight that licensing boards are designed to provide,
it will find a partner in the power it lacks to end this practice by enforcing the regulations that govern veterinary practice
and change the industry as it must. "I hope," Lyons said, "that this committee will help us through its power to create an
effective national system of regulation and enforcement so that the horses and the general public can be assured of its integrity."
The last word
Ultimately, what the committee hopes to do is set a national standard, and then put the responsibility back on the racing
commissions and on the states to do the right thing. "We want to try to move forward to put a good, solid piece of legislation
in place and send a strong signal and then let your regulators who have been doing it for a long time take it seriously and
actually get it done," Sen. Udnall said. "I think if we start with those principles of the Horse Racing Improvement Act: banning
race day meds, three-strikes-and-you're-out, and making sure that we had horses tested—that we would really come a long way
towards moving down the road of cleaning up the industry and getting us back to the glory days of racing."