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CHRB Elaborates on Specifics of Baffert Suspension

Earlier this week, a Kentucky judge denied trainer Bob Baffert's attempts to stay a 90-day suspension related to Medina Spirit's betamethasone-positive disqualification from the 2021 GI Kentucky Derby by the Kentucky Horse Racing Commission (KHRC).

While the appeals process plays out, the question now is: What will happen to the nearly 100-horses in Baffert's California-based stable if the suspension goes into effect on April 4.

As the TDN previously reported, the California Horse Racing Board (CHRB) will honor the 90-day suspension metered down to Baffert through a system of reciprocity between jurisdictions.

That honor system is laid out in CHRB rule 1484: “If any applicant for a license or any licensee is under suspension, set down, ruled off, excluded from the inclosure, or otherwise barred from any racing occupation or activity requiring a license, it is prima facie evidence that he or she is unfit to be granted a license or unfit to hold a license or participate in racing in this State as a licensee during the term of any suspension or exclusion from racing imposed by any competent racing jurisdiction.”

On Tuesday afternoon, the CHRB elaborated further on the specifics of any such suspension.

Citing CHRB rule 1843.3 which deals with disciplinary actions stemming from medication violations, licensed trainers suspended for 60 days or more shall be banned from all CHRB licensed facilities.

“In addition, during the period of suspension, such trainer shall forfeit all assigned stall space and shall remove from the inclosures all signage, colors, advertisements, training-related equipment, tack, office equipment, and any other property,” the rule states.

The CHRB also prohibits a trainer suspended for more than 30-days from transferring the horses to any licensed family member, or to any other licensee employed by the suspended licensee within the previous year.

“'Licensed family members' means any person who holds an occupational license issued by the CHRB and who is related to the suspended licensee, or the licensee whose license is revoked, by blood, or by marriage or domestic partnership, or who is related by blood to the spouse or domestic partner of such licensee,” the rule adds.

As written, the rules do not preclude a licensed trainer with no immediate ties to Baffert from assuming the running of his stable in whole or in part, including employees, should the relevant owners in Baffert's barn agree to such a replacement, explained an expert on these matters who asked to remain anonymous.

There would, however, be a set of strict stipulations governing such a scenario, the expert explained.

Baffert would not be allowed to directly contact that trainer for the period of the suspension, for example. And all financial duties of the day-to-day running of the barn—such as payroll and other routine stable costs—would also be the replacement trainer's sole responsibility.

The KHRC has yet to weigh in officially on this particular matter. In its original ruling, the KHRC ruling states that, “Entry of all horses owned or trained by Mr. Baffert is denied pending transfer to persons acceptable to the stewards.”

The TDN emailed the KHRC for clarification on who the Kentucky stewards deem acceptable but has not yet received a response.

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Wednesday Hearing on Stay of Blea Suspension

California Horse Racing Board (CHRB) equine medical director Jeff Blea, sidelined from that role since early January, is headed to Los Angeles County Superior Court Wednesday, seeking a stay on the California Veterinary Medical Board's interim suspension of his veterinary license.

If the court doesn't grant a stay on the interim suspension–pending a formal hearing on the merits of the veterinary board's accusations against him–Blea asks the court to determine whether in the interim he can resume his duties as equine medical director and as a member of the Anti-Doping and Medication Committee under the Horseracing Integrity and Safety Act, according to an ex parte application filed Monday.

Late last month, Blea filed a writ of mandate with the LA County Superior Court seeking to formally lift the veterinary board's interim suspension. Blea's attorney, George Wallace, explained that another purpose of the legal action was to potentially delay a formal hearing on the merits of the veterinary board's accusations against Blea to allow the LA County Superior Court to weigh in first.

The February court filing also sought declarative and injunctive relief, arguing that the position of equine medical director does not require an active license, and that Blea, UC Davis and the CHRB will continue to suffer “irreparable harm” if California horse racing's head veterinarian remains unable to fulfil his duties. That LA County Superior Court hearing has yet to be scheduled.

UC Davis placed Blea on administrative leave from his role as equine medical director Jan 12. That position is first appointed by the dean of UC Davis, which then contracts with the CHRB for the appointee's services.

Since then, UC Davis has used various school personnel to fulfil the equine medical director's duties for the CHRB.

Early this year, the veterinary board successfully sought an interim suspension of Blea's veterinary license for a number of alleged offenses, including purportedly administering medications to racehorses without a prior examination, without forming a diagnosis and without medical necessity.

The veterinary board also claimed that Blea presents a “danger to public health, safety and welfare,” due to his oversight as equine medical director of the high-profile investigation into the death of the Bob Baffert-trained Medina Spirit (Protonico), the Kentucky Derby winner who collapsed and died after a scheduled workout Dec. 6 at Santa Anita.

The necropsy and postmortem review of Medina Spirit's death is now complete, with the cause of death undetermined. The executive associate dean of UC Davis's School of Veterinary Medicine ultimately oversaw the necropsy examination.

According to various leading veterinary medical experts, the veterinary board's accusations leveled against Blea consist largely of lax record keeping.

They also suggest that the veterinary board's investigation potentially failed to account for the unusual nature of veterinary practice on the backstretch, where veterinarians–even those with multiple barns under their care–can build the sort of daily relationship with their animals absent from traditional small animal practice.

The formal hearing on the merits of the veterinary board's accusations has not yet been scheduled.

Monday's court filing emphasizes the highly unusual nature of the interim suspension against Blea, who hasn't practiced private veterinary medicine since assuming the equine medical director position in June of last year.

“Dr. Blea is the only veterinarian since at least 2019 that the Veterinary Medical Board has deemed to be such a threat to public safety and well-being that it has sought to suspend his license to practice without proceeding to a full hearing on the merits of its Accusation case,” the filing states.

The ex parte application also delves into the jurisdictional turf war that has emerged between the veterinary board and the CHRB. Both wield regulatory oversight of backstretch veterinarians. The question of each is: How much?

“The Veterinary Medical Board is seeking to discipline Dr. Blea for practices and procedures that all fall within the bounds of known, settled, and accepted practices within the zones that fall within the jurisdiction of the CHRB, and under which racetrack veterinarians have been operating for years with no notice from the Veterinary Medical Board that it has other, conflicting ideas about appropriate practice,” the filing states.

According to the filing, CHRB chair Greg Ferraro, who formerly served on the Veterinary Medical Board, has issued a joint declaration explaining that the veterinary board is basing the bulk of its accusation “on misconceptions of how veterinary medicine is practiced in the racetrack environment (which is more analogous to an agricultural or herd practice in many cases than it is to a general small animal practice) and misinterpretation of the governing statutes.”

Even if Blea is successful on Wednesday, however, it's unclear how UC Davis will act. The TDN asked the university if it would permit Blea to resume his equine medical director duties if a stay is issued.

A UC Davis spokesperson responded in an email that, “At this point, he remains on administrative leave. No decision beyond that can be made until we know more specifics.”

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No Penalties in Breeders’ Cup Scratch Fiasco

A four-month investigation into the dysfunction at Del Mar Thoroughbred Club that led to the winner of last year's GI Breeders' Cup Juvenile Turf having to race for purse money only will not result in any complaints being filed against anyone in the chain of command now that “inconsistent radio communication” has been identified as a key contributing factor.

“Various witnesses indicated that they made calls over the radio that were not heard or received by the intended recipients,” stated a California Horse Racing Board (CHRB) summary report issued Thursday that cited findings from supervising investigator Michael Barker. “At some points witnesses resorted to cell phone communication to ensure their messages were relayed.”

The stylish win by Modern Games (Ire) (Dubawi {Ire}) in the Juvenile Turf was overshadowed by the 12-minute fiasco at the starting gate that preceded the running of the race. Modern Games had to compete for purse money only because of a series of miscommunications that involved the Del Mar stewards, the veterinary team at the gate, and the track's mutuels and tote departments.

It was a disconcerting optic to witness on-track patrons letting loose a chorus of boos as Modern Games crossed the finish wire first. But it was apparent that no one at Del Mar that day was deriding the horse, but rather the bewildering series of blunders that led to the colt being removed from the wagering pools, reinstated in the betting, and then finally being deemed good to start while running as a non-betting entity.

The error was costly in terms of lost betting handle, customer ill will, needless confusion, and the erosion of confidence in the officials responsible for overseeing and regulating the Breeders' Cup races at Del Mar.

Yet the CHRB report did not directly address any of those broader issues in its three-page summary of the report.

Here's how the CHRB described what transpired in the Mar. 3 report summary (the timeline does not differ substantially from how the CHRB explained it back on Nov. 6, 2021):

“Albahr (GB) (Dubawi {Ire}) was in the number two stall. Albahr reared up over the starting gate, then fell back on to his side, with his legs caught under the number three stall. During this time, the horse in the number one stall, Modern Games, went through the front gate after the gate was opened by starting gate personnel and was uninjured. The veterinarians on scene initially believed that Modern Games had forced his way through the starting gate, and they made the decision to scratch him.

“When informed by gate personnel that Modern Games did not force the gate doors open, the veterinarians inspected him and advised the stewards that Modern Games was fit to run.

“Concurrently, the stewards were advised of the scratch of both Albahr and Modern Games by the veterinarians. The stewards called the scratch into the tote room and both Modern Games and Albahr were removed from wagering. The stewards were then informed that Modern Games was not injured and was fit to race. The stewards called the tote room to inform them what was occurring and requested that the tote room hold off on the scratch of Modern Games, who has already been removed from the wagering pools.

“Modern Games was then placed back into the pari-mutuel pool. Subsequently, the stewards determined that pursuant to CHRB Rule 1974, Modern Games would be required to run for purse money only. The tote room was then informed of the decision and Modern Games was again removed from the pari-mutuel pool.”

The investigation noted that “the regulatory veterinarians' hurried recommendation to scratch Modern Games could potentially have been avoided if a protocol requiring one person on the veterinary staff and one person in the pari-mutuel department be in charge of scratches had been in place.”

The CHRB report stated that the board “considered the merit of applying CHRB Rule 1697 to the recommended scratch by the regulatory veterinarians.”

That rule reads in its entirety, “After entering the racecourse track for the post, a horse shall only be declared by the stewards when they consider such horse unfit to run in the race. No horse determined to be a starter shall be excused or declared from the race. Any horse which breaks through the gate or runs off without effective control shall be examined by the racing veterinarian and determined to befit to compete before being permitted to start.

But, the report noted, the CHRB didn't apply that rule because: “1) The difficulty of proving a violation given that a condition precedent to a violation of this rule is that a horse actually broke through the gate; and (2) more importantly, animal welfare is of paramount importance in the CHRB's application of rules and creation of protocols.”

So instead of penalties or sanctions, the CHRB report came up with the following recommendations:

1) There is one designated Racing Veterinarian and he or she is the only person who can recommend a scratch to the Stewards and the only person who can communicate a scratch to the Stewards.

2) The tote company and the pari-mutuel department must each designate one person who can effectuate a scratch or purse money only designation by the Stewards. Both must agree before either action can take place.

3) A horse cannot be placed back into the mutuel pools after it has been scratched without approval of all three Stewards.

4) A Pari-mutuel Committee meeting should be held to consider changes to pari-mutuel regulations. Issues that may be considered include but are not limited to: (a) advisability of a purse-money-only designation and (b) requiring ADW companies to follow the example of brick-and-mortar wagering facilities in California by providing bettors with the opportunity to name alternate selections for scratched horses in Pick “n” wagers involving four or more races.

5) Associations, particularly on days when there are large crowds and competing bandwidth, must provide an adequate communication system for racing officials.”

The report stated that, “While the CHRB does not typically release an investigation report, especially when it does not result in a complaint, given the widespread public interest, a summary of the investigation is provided.”

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Blea Seeks California Superior Court Relief From Suspension

Sidelined California Horse Racing Board (CHRB) equine medical director Jeff Blea has filed a writ of mandate with the California Superior Court for the County of Los Angeles seeking to lift the California Veterinary Medical Board's interim suspension on his veterinary license.

The court filing, dated Feb. 24, also seeks declarative and injunctive relief, arguing that the position of equine medical director does not require an active license, and that Blea, UC Davis and the CHRB will continue to suffer “irreparable harm” if California horse racing's head veterinarian remains unable to fulfill his duties.

UC Davis placed Blea on administrative leave from his role as equine medical director in January. That position is first appointed by the dean of UC Davis, which then contracts with the CHRB for the appointee's services.

In the interim, UC Davis has used “school personnel” to fulfill the duties of the equine medical director for the CHRB.

Monday, Blea also set the ball officially rolling towards a formal hearing on the veterinary board's accusations against him, filing a notice of defense.

In the meantime, Blea will also likely seek to stay the interim suspension of his veterinary license until the Superior Court can officially hear the matter, explained his attorney, George Wallace.

Another purpose of the stay would be to potentially delay the formal hearing on the accusations against Blea so that the veterinary board receives guidance from the Superior Court “on what the law is,” said Wallace.

At the start of the year, the veterinary board announced that an emergency hearing had resulted in an interim suspension of Blea's veterinary license for a number of alleged offenses, including purportedly administering medications to racehorses without a prior examination, without forming a diagnosis and without medical necessity.

The necropsy and postmortem review of Medina Spirit's death is now complete, with the cause of death undetermined. John Pascoe, the executive associate dean of UC Davis's School of Veterinary Medicine, ultimately oversaw the necropsy examination.

According to various leading veterinary medical experts, the veterinary board's accusations levelled against Blea—including amended accusations from earlier this month—consist largely of lax record keeping.

Veterinary experts also suggest that the veterinary board's investigation potentially failed to account for the unusual nature of veterinary practice on the backstretch, where veterinarians–even those with multiple barns under their care–can build the sort of daily relationship with their animals absent from traditional small animal practice.

In his filing with the Superior Court, Blea argues that the interim suspension of his veterinary license is invalid for several reasons, including how the administrative law judge who issued the suspension used a “preponderance of evidence” to support her decision, instead of the legally required higher standard based on “clear and convincing proof to a reasonable certainty.”

The judge's findings “are not supported by the weight of the evidence, or by any substantial evidence, or at all,” the filing states.

Furthermore, even though Blea retired from medical practice in June of last year–to assume the role of equine medical director–there is “no substantial evidence” to suggest that even if he were still practicing, he poses a “danger” to anyone, the filing states.

“The Accusation is devoid of any assertion, or suggestion, that any equine patient of Dr. Blea was harmed in any way, or that any of Dr. Blea's clients (the owners and trainers of those horses, the “consumers” of veterinary services whose interests are to be protected by the Veterinary Medical Board) have the slightest complaint about his professional practices in the care of those patients,” the filing adds.

The veterinary board has also argued that the statutory definition of the equine medical director position means that Blea is actively engaging in veterinary medicine by conducting his duties.

In his Superior Court filing, Blea takes issue with that assessment, arguing that the veterinary board's reading of the state's Business and Professions Code is “overbroad and unreasonable,” and is incorrect “as a matter of law.”

The CHRB has thrown its weight behind Blea. Earlier this month, senior CHRB officials said that the agency was contemplating a similar legal intervention in the Superior Court on Blea's behalf.

Monday, CHRB executive director, Scott Chaney, explained the agency is still in the process of finalizing that strategy.

The TDN also asked UC Davis if Blea would resume his equine medical director duties if California Superior Court grants a stay on his interim suspension. UC Davis has yet to respond.

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