California Veterinary Medical Board Taking Aim At Three Northern California Track Vets For Prescription Practices

It seems the accusations filed by the California Veterinary Medical Board against Drs. Vince Baker, Jeff Blea and Sarah Graybill Jones were not the first the board made in 2021 based on racetrack practice. In February, the board filed accusation documents against a trio of veterinarians associated with San Francisco Equine. The board claimed it received a complaint in 2017 from the CHRB about Drs. Kim Lewis Kuhlmann, Steven Lee Boyer, and Kenneth Carl Allison prescribing medications to equine patients “per the trainer's instructions, without an examination or medical necessity.”

“The complaint alleged the SFE veterinarians prescribed the medications because the equine patients were entered to race – not to treat any specific condition diagnosed by the veterinarians,” read one accusation document. “The complaint included CHRB veterinarian reports completed by the SFE veterinarians, dated June 2017 through August 2017. The reports showed that the trainers of SFE's equine patients, rather than the SFE veterinarians, made the decisions to prescribe and administer the medications.”

Boyer is accused by the board of negligence, dispensing dangerous drugs without medical necessity, failure to establish a veterinarian-client-patient relationship, failure to keep adequate written records, failure to maintain a prescriber's record in the case of controlled medication, and prohibited veterinary practices. Allison is facing similar charges, with the exception of the controlled medication violation.

Kuhlmann's causes for discipline include negligence, dispensing dangerous drugs without medical necessity, failure to establish a veterinarian-client-patient relationship, prohibited veterinary practices, and purchasing or transferring expired drugs.

Kuhlmann is also alleged to have “manufactured, sold, delivered, held, or offered for sale, drugs that were imitations of commercially available drugs, and therefore misbranded.”

“An extremely large number of compounded drugs were found during the Board inspection,” the document read. “Many of the compounded drugs were commercially obtainable at the same concentrations as ketoprofen, glycopyrrolate, and others.” Kuhlmann also had misbranded drugs and expired drugs, many of which were compounded, according to the board. Those compounds came from Buy-Rite Drugs, Wedgewood Pharmacy, Precision Compounding, US Compounding, Pharmacy Resources Inc., UC Davis, and others.

She's also accused of failing to maintain adequate records for Schedule IV drugs, keeping adequate drug logs, ensuring drugs and biologics were maintained and dispensed legally, or insuring standards for medical waste. Kuhlmann is listed as the licensee manager for the practice, and as such is on the hook for additional requirements regarding overseeing recordkeeping for patients in the practice's care.

The names of the equine patients or human clients were not revealed in the public-facing accusation documents, as is typical in the case of veterinary medical board disciplinary actions.

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While many drugs named in the documents were commonly-recognized, legal therapeutic medication, the documents also called into question the legality of some of the substances the veterinarians allegedly administered or prescribed. Some were not FDA-approved, while others are marketed as supplements but considered by California legal definition to be “dangerous drugs.”

Kuhlmann's document also mentioned the use of Stanozolol, an anabolic steroid sold under the brand name of Winstrol. Unlike testosterone, boldenone, and nandrolone, stanozolol does not naturally occur in horses. Stanozolol is not permitted in a horse's system on race day at any level. At the time of the alleged violations, reported stanozolol administration resulted in a horse being placed on the veterinarian's list for 60 days before being permitted to enter races.

All three could face suspension or revocation of their license, requirement to pay the board's expenses for investigation, and fines of not more than $5,000 per violation.

Settlement conferences are on the books for all three veterinarians for April 29, with pre-hearing conference and hearing dates scheduled afterwards.

According to a spokesman for California's Department of Consumer Affairs, hearing dates for Baker and Graybill Jones have not yet been scheduled.

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CHRB Removes Blea From Medina Spirit Investigation, Asks Vet Board To Withdraw Request For His Temporary Suspension

The California Horse Racing Board (CHRB) respects the mission of the California Veterinary Medical Board (VMB) to enforce the professional standards of its practice and passionately shares its commitment to animal safety. CHRB is equally respectful of the role of due process, which provides all California licensees the opportunity to be heard and defend their livelihood when accusations are brought against their license. In response to the actions brought by the VMB against Dr. Blea, Equine Medical Director (EMD), the CHRB respectfully disagrees with its pursuit of an emergency interim suspension order of his license, alleging he is an imminent danger to the public, citing specifically his role in the Medina Spirit investigation.

However, given the sensitive and very public nature of the necropsy and resulting investigation into the death of Medina Spirit, and in keeping with the CHRB's commitment to integrity and transparency, the CHRB has asked the Executive Associate Dean of UC Davis' School of Veterinary Medicine to oversee the necropsy and forensic examination of Medina Spirit.  The CHRB believes this also satisfies the VMB's stated reason for filing the temporary suspension petition and therefore requires it to consider its withdrawal.

The CHRB is capable and specifically vested with the regulatory authority to ensure that all investigations, including necropsy reviews, are performed accurately and with the utmost diligence and transparency. This is a responsibility of the CHRB, not the VMB, and its emergency actions are unnecessary and outside the scope of its authority. This point was confirmed in the emergency petition decision stating, “There was, however, no evidence presented at hearing that would suggest that the Board (VMB) has the authority to invalidate Respondent's appointment or otherwise interfere with his duties as the Equine Medical Director.” That its emergency actions nevertheless seek to exclude Dr. Blea from contributing as the EMD to the critical and valuable work done through the necropsy program is unfortunate, and an improper application of its oversight and regulatory authority.

“In my view, the allegations against Dr. Blea have yet to be proven, and as such, he should be able to serve as the EMD until the final outcome of the accusation filed against his license can be fully adjudicated through the administrative process,” said CHRB Chairman Dr. Greg Ferraro, who previously served on the VMB. “At that point, the CHRB would be in a better position to determine any appropriate actions to take considering the final outcome and its full context in application and relationship to Dr. Blea's role as EMD.”

CHRB Executive Director Scott Chaney added, “Dr. Blea has done excellent work for the CHRB since he began his employment at UC Davis on July 1 and accepted the position of EMD.  My concern is that not relying on his expertise, advice, and work in the role of EMD would diminish the CHRB's ability to effectively promote animal welfare and, in a very real way, make horses less safe in California. Of course, the full Board has the ultimate authority to determine its course of action, and the next opportunity for the Board to discuss the matter will be in closed session on January 20 following the regularly scheduled Board meeting.”

Read a report of the veterinary medical board's petition for temporary suspension of Blea's license here.

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CHRB Responds to VMB Suspension of Dr. Blea

In response to the actions brought by the California Veterinary Medical Board (VMB) against Dr. Jeff Blea, Equine Medical Director, the California Horse Racing Board (CHRB) issued a statement Thursday morning regarding the interim suspension order of his license.

The investigation into the death of GI Kentucky Derby winner Medina Spirit (Protonico) will now be headed by the executive associate dean of UC Davis' School of Veterinary Medicine.

“Given the sensitive and very public nature of the necropsy and resulting investigation into the death of Medina Spirit, and in keeping with the CHRB's commitment to integrity and transparency, the CHRB has asked the executive associate dean of UC Davis' School of Veterinary Medicine to oversee the necropsy and forensic examination of Medina Spirit,” the release read. “The CHRB believes this also satisfies the VMB's stated reason for filing the temporary suspension petition and therefore requires it to consider its withdrawal.

The CHRB is capable and specifically vested with the regulatory authority to ensure that all investigations, including necropsy reviews, are performed accurately and with the utmost diligence and transparency. This is a responsibility of the CHRB, not the VMB, and its emergency actions are unnecessary and outside the scope of its authority.”

The release continues, “This point was confirmed in the emergency petition decision stating, 'There was, however, no evidence presented at hearing that would suggest that the Board (VMB) has the authority to invalidate Respondent's appointment or otherwise interfere with his duties as the Equine Medical Director.

That its emergency actions nevertheless seek to exclude Dr. Blea from contributing as the EMD to the critical and valuable work done through the necropsy program is unfortunate, and an improper application of its oversight and regulatory authority.'”

CHRB Chairman Dr. Greg Ferraro said, “In my view, the allegations against Dr. Blea have yet to be proven, and as such, he should be able to serve as the EMD until the final outcome of the accusation filed against his license can be fully adjudicated through the administrative process. At that point, the CHRB would be in a better position to determine any appropriate actions to take considering the final outcome and its full context in application and relationship to Dr. Blea's role as EMD.”

CHRB Executive Director Scott Chaney added, “Dr. Blea has done excellent work for the CHRB since he began his employment at UC Davis on July 1 and accepted the position of EMD. My concern is that not relying on his expertise, advice, and work in the role of EMD would diminish the CHRB's ability to effectively promote animal welfare and, in a very real way, make horses less safe in California. Of course, the full Board has the ultimate authority to determine its course of action, and the next opportunity for the Board to discuss the matter will be in closed session on Jan. 20 following the regularly scheduled Board meeting.”

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‘Public Trust Will Diminish’: CHRB Equine Medical Director’s License Temporarily Suspended, But He Remains In Post

According to the Los Angeles Times, California Horse Racing Board equine medical director Dr. Jeff Blea has had his veterinary license temporarily suspended after an emergency hearing requested by the state's veterinary medical board. The vet board issued accusation documents (akin to charging documents) against Blea and two other Southern California racetrack veterinarians last month. An emergency hearing was held on the morning of Christmas Eve to determine whether a temporary suspension was appropriate for Blea, and according to the LA Times' John Cherwa, Administrative Law Judge Nana Chin signed the temporary suspension order on Jan. 3.

Chief among the concerns of the veterinary medical board was Blea's ability to remain impartial in his capacity at the CHRB, given the nature of the accusations against him. Blea is accused of violating several components of the state's veterinary practice act by administering medications to racehorses without documentation of complete medical examinations or medical necessity.

“The Board cannot fulfill its mission of protecting equine patients while Respondent Blea continues to be primarily responsible for the enforcement of violations that harm the health and safety of racehorses,” the petition states. “Respondent Blea currently oversees the UC Davis Kenneth L. Maddy Equine Analytical Chemistry Laboratory drug-testing program, works with CHRB investigators to investigate potential medication violations, liaises with peers directing programs at UC Davis, including the UC Davis-CHRB necropsy program, and works with Official Veterinarians in their oversight of practicing veterinarians. This gives Respondent Blea control or influence over the drugs administered to racehorses, drug detection, and the investigations of medication violations and racehorse deaths, including the direction of the investigation, the necropsies, and their results. The UC Davis Equine Medical Director has historically held immense authority and influence over the operations and procedures within CHRB on matters related to equine health and welfare.

“The Board alleges that Respondent Blea administered medically unnecessary and non-FDA approved drugs to numerous racehorses. The Board's findings and allegations established that racehorses are administered legal and illegal drugs to enhance performance in racing. Racing is not a medical condition or diagnosis. If Respondent Blea is allowed to continue his role in enforcement and investigations, his involvement alone will raise questions and will compromise the integrity of the drug testing program, the investigations, their findings, and their results due to the unquestionable conflict of interest. Public trust will diminish. Without a trusted drug testing system and without impartial, complete, and accurate investigations, the Board will be prevented from learning the true causes of horse death and injury, from enforcing the Practice Act, and from instituting remedial action or regulations to curb unnecessary deaths of racehorses. Because the protection of the public, especially the health and safety of equine patients, are paramount, the requested interim suspension order is proper.”

Thyroxine was a particular focus in the board's petition for temporary suspension. There is no FDA-approved, mass-manufactured form of thyroxine in the United States for racehorses.

“Veterinarians are prohibited from possessing or using any drug, substance, or medication that has not been approved by the FDA on the premises of a facility under the jurisdiction of CHRB,” the petition read. “As an experienced veterinarian who has treated racehorses for over a decade, Respondent Blea should know and understand this regulation. Yet, on December 15, 2021, Respondent Blea announced that CHRB will begin a strict regulation of thyroxine, a thyroid medication, on January 1, 2022. Thyroxine, as stated above, is not approved by the FDA, can cause cardiac arrhythmias, and squarely falls under the category of drugs prohibited by section 1867. Respondent Blea's approval of prohibited veterinary practices proves that he cannot be trusted to be involved in any medication violation or death investigations.”

The petition specifically cited the ongoing investigation into the sudden death of Medina Spirit as a reason for the veterinary medical board's concern for swift action. It also alleges that in a two-month span, Blea administered medications to 3,225 horses in 67 working days, for an average of 48 horses per day.

“The records show Respondent Blea administered the same drugs for multiple horses with the same trainer consecutively at approximately the same time,” read the petition. “Respondent Blea provided drugs to a large number of horses not based on a documented examination, diagnosis or medical necessity, but instead based on what the trainer requests.”

According to the LA Times though, the CHRB has previously stated it intends to let Blea remain in the job with the belief that state regulation does not require the equine medical director to hold an active veterinary license. Both boards fall under the umbrella of California's Business, Consumer Services and Housing Agency.

Blea's position is expected to be part of a closed session of the CHRB meeting scheduled for Jan. 20. The veterinary medical board will hold a formal hearing the following day to determine whether Blea's license will be suspended on a non-temporary basis. A formal adjudication of the charges against him may take up to a year.

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