This situation is just too damn complicated for me. Either that or I'm too high to completely understand at the moment.
It is a bit complicated. Let me try to simplify it.
Releasing medical records without consent is a HIPAA violation, very serious. When you apply to be licensed you have to sign and agree to testing and agree to those test results being made public. It is that agreement that allows the test results to be known.
Vitor was not yet sanctioned, he had not applied for his license. But, he was scheduled to fight. So the NSAC tested him the day before they voted to ban TRT or not ban TRT. They were able to get the test, because he was set to fight. Unfortunately since he was not licensed, he had never given consent to release them.
After seeing Vitor's test results, the NSAC banned TRT. Now the situation is screwed up, because he was tested, but never gave consent to have the results released. Had Vitor asked to be licensed to fight Weidman the standard waiver he signs would give them permission to release all tests conducted on that specific fight, so even though he was not yet licensed, the results would still become public if he became licensed to fight Weidman.
If Vitor chooses not to fight Weidman, and fights Sonnen, then that is now a DIFFERENT fight, so the standard waiver they sign would not include his random test. This would make the random test forever private.
I think this is a big reason Vitor is choosing to fight before his title shot, he is using a loophole. If he fights Weidman the NSAC might say he got tested for the Weidman fight, so it's not public. By fighting Chael instead it removes all doubt that the fight he was tested for never happened.