Voided Claim Rule Discussed By KHRC Committee

Discussion on how to rectify what was described as a "virtually nonexistent" voided claim rule in the state dominated conversation during an Oct. 20 meeting of the Kentucky Horse Racing Commission Safety and Welfare Committee at Kentucky Horse Park.

All parties agreed on the need for practical, but strict language to move foward with stronger regulations.

Under the current rule, the only basis for voiding a claim in Kentucky is based on either a positive post-race drug test, a Class A, B, or C violation, or paperwork that is filled out incorrectly. Kentucky is considering the approach of states like California, which allows claims to be voided should a horse suffer a fatality during the race, dies or is euthanized before leaving the track, or gets put on vet's list after the race in which it is claimed. KHRC medical director Dr. Mary Scollay proposed similar language that is expected to be put before the committee by this December.

Scollay supported the idea of the vet's list being part of the criteria by which to void claims while also giving horsemen the option to follow through with the claim if they view the condition by which the horse lands on the vet's list—i.e. bleeding, heat exhaustion, grabbed heel, is acceptable.

Among the issues raised, however, was the scenario of trainers who may not be in attendance at the track and hence, could not view said horse's condition for themselves. After much cordial back and forth, Scollay said the next step would be to craft language that would address an automatic void if a horse sustains a fatal injury, while giving horsemen the abilty to declare they will accept a horse which has sustained a non-fatal injury.

"I think the feeling in the room is we want to get it done," said Safety and Welfare Committee member Bret Jones. "But when there is silence in the room, we need to think about it and ... come up with some exact recommendations. There are some little vulnerabilities but we have to draw a line in the sand, and we're ultimately doing what is best for the horses."

Shoring up regulations on shockwave therapy, which uses high-energy sound waves to increase blood flow as a way of speeding repair and healing of soft tissues and stress fractures but is a concern if used to close to race day because it can numb pain, was another issue deemed a "must-tackle" during committee discussions. Scollay stated that the current vulnerabiltiy is that treatment is currently only reported after it has been performed. 

While acknowlegding that the biggest issue with shockwave treatment is "finding a way to allow its use, but regulate it so that it can be used safely," Scollay recommends that veterinarians submit an 'intent to treat' in advance of using the therapy.

"Beyond that, other states have rules where it has to be performed in a specific location on the track, that it has to be observed by regulatory personnel or security officers," Scollay said. "And quite frankly, I don't see how we can apply that here because so many of our horses are housed off site or at dark racetracks. To require it be observed on the grounds at Churchill (Downs) but not a nearby training faclity, I think we've actually incentivized people to go off the grounds to have horses shock waved, which would not be our goal."