Blea, Baker Among California Veterinarians Hit With Accusations From Veterinary Medical Board

Three racetrack veterinarians in Southern California are the subjects of formal “accusation” documents from the state's veterinary medical board saying they violated a series of regulations governing their jobs. Dr. Jeff Blea, longtime racetrack practitioner and equine medical director for the California Horse Racing Board, is facing eight causes for discipline; Dr. Vince Baker, practitioner and managing licensee of Equine Medical Center in Cypress, Calif., faces 15 causes for discipline; Dr. Sarah Graybill Jones, a practitioner who works for Equine Medical Center, faces seven causes for discipline.

All three could see their veterinary licenses revoked or suspended, may be required to pay the Board back for reasonable costs of investigation, and/or be ordered to pay fines not exceeding $5,000.

The accusation documents represent the charges filed by the veterinary board. Hearings have yet to be held to determine whether and what disciplinary action may be taken.

The primary focus for much of the accusation documents involves record-keeping, both records of examination and diagnosis ahead of treatment and records of drugs dispensed, including controlled substances in some instances. In several cases, the veterinary medical board accuses the veterinarians of failing to establish a valid veterinary-client-patient relationship (VCPR) per state regulations because it's not clear from existing records that the veterinarians examined horses prior to dispensing medications.

The accusations outline the treatment of racehorses identified only by their initials and in large part, without trainer or owner names attached. The exception seems to be in the accusation document for Baker. As managing licensee of Equine Medical Center, he is considered to have some responsibility for the record-keeping of veterinarians working at the practice. A portion of the accusation document detailed records from other veterinarians at the clinic that seemed to similarly be missing identifying information, examination records, or treatment plans as required by law. In these cases, specific clients (trainers) were mentioned and included Carla Gaines, Doug O'Neill, and Bob Baffert. Baker has long been a key part of the veterinary team treating Baffert's horses, although in the accusation documents the medical board noted it was Jones who administered treatments to two unidentified Baffert horses and later billed the treatments under Baker's name.

The majority of substances listed in the documents are routine and legal therapeutic medications. By the veterinary medical board's legal definition, however, some were considered “dangerous” if they bore the phrase “RX only” on the label. Many, like Lasix, aren't considered by a layperson's definition to be inherently dangerous or exotic. Some of the drugs mentioned however, were also considered by the state to be misbranded because they were produced outside of federal oversight. Thyro-L, the trade name for levothyroxine powder, falls into this category as it is not FDA-approved and was allegedly dispensed by both Baker and Blea. Baker is also accused of using compounded substances from Buy Rite Drugs which were missing best usage dates, as well as Stop Two and EMP Drench, which the board also says fit the state's definition of misbranded drugs.

Some of the records the board considered to be inadequate from Baker's practice were for more tightly-regulated substances like Euthasol and ketamine.

An anonymous tip earlier this year prompted the investigation by the medical board into Blea in February. Blea took over his current role as CHRB equine medical director in June. In Baker's case, the medical board had performed a routine inspection of EMC's mobile unit in August 2019 and noted deficiencies in medical records and drug logs. The board visited the clinic's base in May 2020 and also received an anonymous complaint about Baker and others in February 2021.

Although identifying horse information was excluded in the documents, treatment dates were included. For Blea, they ranged from early 2020 to February 2021. For Baker, the dates ranged from January 2019 to August 2020. For Jones, the dates were concentrated in March 2020.

According to a report from the Los Angeles Times Dec. 23, an emergency hearing in Blea's case is scheduled for Dec. 24. The Times also notes that the position of equine medical director does not require an active veterinary license.

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Medina Spirit’s Necropsy ‘Currently Underway’

Medina Spirit's necropsy is “currently underway” and a report on last week's sudden death of the GI Kentucky Derby winner is expected to be publicly released by mid-February, California Horse Racing Board (CHRB) equine medical director Dr. Jeff Blea said Wednesday.

“Completion of sudden death case file reports takes weeks and months to complete due to the in-depth level of analysis involved, and we fully expect a final report in this case in approximately two months,” Blea told commissioners at the Dec. 15 CHRB meeting.

“Tissue samples and specimens will be stored for further testing should the need arise,” Blea said.

Medina Spirit appeared sluggish then collapsed at Santa Anita Park after finishing a five-furlong workout Dec. 6.

The colt's admirable, overachieving career arc of going from a $1,000 yearling buy at a public auction to winning America's most important horse race only glowed for about a week before it was overshadowed by news that the Bob Baffert trainee had tested positive for an overage of betamethasone after winning the May 1 Derby.

No ruling has been issued for that 2021 Derby drug positive, although it has sparked a firestorm of controversy for occurring on the heels of four other Baffert horses testing positive for medication overages within the previous year, two of them in Grade I stakes.

“A sudden death in racing is defined as acute collapse and death in a closely observed and previously determined healthy Thoroughbred racehorse during or within one hour after exercise,” Blea said.

Like with all fatalities that occur on licensed CHRB premises necropsy, the regulatory agency is obligated to perform a necropsy and investigation.

Medina Spirit's necropsy is being carried out by pathologists at the California Animal Health and Food Safety Laboratory, which works in conjunction with the University of California (Davis) veterinary school.

That particular lab, Blea said, is “arguably one of the best in the country, if not the world.”

Blea explained that “Additional tissue specimens and samples will be shared with other departments at UC Davis, including toxicology, analytical chemistry, and genetics, as well as other university laboratories in the country to help determine the cause of death.”

But a definitive cause might never be known.

Blea called sudden death circumstances “frustrating,” and cited a published study that concluded only 53% of sudden equine deaths eventually turn up a definitive diagnosis. A presumptive cause of death is given 25% of the time, with the remaining 22% “unexplained,” he said.

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They Ran a Lasix Free Breeders’ Cup…And Nothing Happened

The biggest story when it comes to the ban of Lasix in the Breeders' Cup is that there was no story. It was, simply, a non-factor.

A total of 148 horses competed in this year's Breeders' Cup, all of them running Lasix-free. There were no reports of any horses being in distress or bleeding from the nostrils. I did not hear of one trainer blaming a defeat on the ban of the diuretic. Nor did I hear of or read about any trainers saying they were passing the Breeders' Cup because Lasix wasn't being allowed.

And there was a record handle, so, clearly the bettors weren't reluctant to play races without Lasix.

Dr. Jeff Blea, the equine medical director for the California Horse Racing Board, said that he hadn't seen any signs of serious or obvious problems.

“There was no informal data collected to evaluate EIPH in horses that ran on Friday and Saturday,” he said in an email.  “Anecdotally, I had surveyed several of the local attending veterinarians to get an understanding of what they were seeing endoscopically, specifically horses that bled a grade 3 or 4. I'm still waiting on responses from two practitioners, but it doesn't appear that it was a significant problem.

“One practitioner commented that grade 3/4 was noted in less than 10% of the horses he scoped. That said, I don't know his denominator. Others commented that they were surprised that they didn't observe severe episodes of EIPH. Furthermore, to my knowledge, I am not aware of any incidents of epistaxis on those two days.”

What happened to all the dire prognostications, that horsemen would suffer irreparable injury if the drug were taken away from them? That innumerable horses would no longer be able to race without it? That horses would bleed through the nostrils in full view of a horrified public? That it is inhumane to force horses to race without Lasix?

None of that has been proven to be true.

Lasix was banned on 2-year-olds in many jurisdictions in 2020. This year, it was also banned in graded stakes races at most of the top tier tracks. This year's Triple Crown was also contested Lasix-free, also without any problems. There is not much available so far in the way of data regarding how horses fared without Lasix, but, just as was the case with the Breeders' Cup, the number of serious problems appear to have been minimal. The sport simply adjusted and moved on.

By the time we got to the Breeders' Cup, the Lasix debate, once among the most controversial subjects in the game, had turned into a non-issue. Probably a lot of you never even took it into account that this Breeders' Cup would be contested without the diuretic. That's because the results of this year's Lasix-free races have proved that taking it away is, well, no big deal.

That's just it. Is Lasix really necessary? Trainers no longer give it just to bleeders but to every horse in their barn. It became a matter of not preventing bleeding but not allowing the competition to have an edge on you.

Racing is conducted everywhere else in the world without it and American racing had done just fine without it for one-hundred-plus years before its use became widespread in the 80s.

So why allow it? It's been evident for a long time that U.S. racing is too dependant on drugs, which has created an image problem for an industry that keeps on having to prove that it is on the level and that it is safe.

But my biggest problem with Lasix is that there is credible evidence that it is a major factor when it comes to why horses race so infrequently these days. In 1970, before Lasix had permeated racing's landscape, the average number of starts per runner per year was 10.22. It's now down to about 6.15.

The slide in the number of average starters per year began just about the same time that Lasix started being legalized across the country. That's not surprising since Lasix's is a diuretic that acts to dehydrate horses. When dehydrated, a race takes something extra out of a horse and they need more time to recover. That's just common sense.

That's anecdotal evidence that Lasix has contributed to a situation where we have the most unhealthy, least durable collection of horses ever seen in modern times.

The good news is that there are more changes on the horizon. When the Horseracing Safety and Integrity Act (HISA) goes into effect, the clock will start ticking on the drug. Under HISA, a racing commission that wants to prolong Lasix use can do so for three years. After the three-year period, a unanimous vote from HISA would be needed to continue the legal use of the drug. It's on its way out.

Yes, the sport has many problems that are a lot more serious than the use of Lasix. We've seen that with the rash of breakdowns at Santa Anita in 2019 and the 2020 indictments of trainers Jason Servis, Jorge Navarro and others on charges that they were using performance-enhancing drugs. That doesn't mean that the sport can't assess each issue independently and act. Getting rid of Lasix won't solve all the drug issues, but it's a step in the right direction and the right thing to do.

And horsemen, those who were predicting doomsday scenarios, can relax. They will do just fine without the drug. This year's Breeders' Cup proved just that.

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Additional Testing, Surveillance Among Breeders’ Cup’s Health And Safety Protocols

The Breeders' Cup will once again conduct the 2021 World Championships under industry-leading equine safety and integrity protocols. Breeders' Cup always strives to conduct best-in-class racing under the safest possible conditions to the benefit of horses, riders, participants, fans and bettors. Additionally, health and safety protocols will be in place to mitigate the risks associated with COVID-19 during the World Championships taking place Nov. 5 and 6 at Del Mar.

Additional resources detailing Breeders' Cup's health and safety protocols for the 2021 World Championships can be found here.

EQUINE SAFETY, TESTING AND SECURITY

Breeders' Cup observes the most stringent medication practices and restrictions, pre- and post-race testing protocols, equine security and surveillance measures, veterinary exam requirements, injury management protocols and racing surface testing in the industry.

All Breeders' Cup runners are subject to:

  • Randomized out-of-competition (OOC) testing, which began around the world in June and concluded on Monday, November 1, resulting in the collection of over 300 blood and hair samples;
  • Expanded veterinary scrutiny in-stall and during training at Del Mar, Santa Anita and San Luis Rey Training Center;
  • Mandatory trot up observations of every horse prior to being permitted to enter a racing surface;
  • Comprehensive veterinary exams including diagnostics, if required, beginning Monday, October 25;
  • Surveillance following a mandatory equine security check-in on Tuesday, November 2;
  • An additional round of testing for performance enhancing medications and prohibited substances on all horses entered in a Championship race starting Tuesday, November 2, along with additional randomized onsite testing over the following days for a total of approximately 500 blood, hair and urine samples collected from all Breeders' Cup runners prior to the World Championships; and
  • Extensive post-race testing of the first four finishers as well as any other runner that did not perform as expected and others designated by the Stewards.

The Breeders' Cup's world-class veterinary team led by Dr. Will Farmer and Dr. Deborah Lamparater will work in conjunction with CHRB Equine Medical Director Dr. Jeff Blea and other official veterinarians to oversee and implement the comprehensive veterinary exam protocols. These include observing all potential Breeders' Cup runners in the stabling area, on the track and in their stalls leading up to the event in addition to a mandatory pre-race evaluation on Tuesday, Nov. 2 to ensure every runner is fit to race.

Moving forward, Breeders' Cup eagerly awaits the full implementation of the Horseracing Integrity and Safety Act in July 2022. The new Horseracing Integrity and Safety Authority will ensure consistent, transparent and expeditious processes for testing, adjudication and the enforcement of uniform equine safety standards under the oversight of the Federal Trade Commission.

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TRACK SURFACE SAFETY

Breeders' Cup has once again retained world-renowned racing surface experts, including Racetrack Safety Program Director Mick Peterson, Del Mar turf course superintendent Leif Dickinson and Del Mar racetrack superintendent Dennis Moore, to oversee testing and track maintenance in conjunction with Del Mar's expert racing surface team. Together, they will ensure consistency in both surfaces, measuring moisture content and footing across the surfaces and providing participants with real-time updates on track and turf conditions.

COVID-19 MITIGATION

The Breeders' Cup and Del Mar Racetrack have worked closely with local public health officials and infectious disease experts to implement health and safety protocols that will be in place to mitigate the risk of COVID-19 during the World Championships. The health and safety of fans, participants, athletes and the local community is Breeders' Cup's top priority.

Breeders' Cup and Del Mar have consulted with top experts to ensure the protocols in place are effective in mitigating the risk of COVID-19. Breeders' Cup works closely with Dr. Richard Greenberg – former Chief of Infectious Disease of the University of Kentucky and former employee of the Center for Disease Control – and Del Mar has been working closely with its medical advisor – Scripps Health's Chief Medical Officer Dr. Ghazala Sharieff – and San Diego County public health officials, including Public Health Officer Dr. Wilma Wooten and Chief Resiliency Officer Gary Johnston.

Protocols for attending the 2021 World Championships include:

  • Unvaccinated individuals must wear face coverings indoors and outdoors when in close proximity to others. Face coverings should fully cover the mouth and nose and fit snugly against the sides of the face so there are no gaps.
  • Guests entering the facility or placing a bet are to practice physical distancing.
  • Guests are to refrain from congregating inside the grandstand and follow all posted signage and floor decals as well as any direction from Del Mar Thoroughbred Club & Breeders' Cup staff.
  • Del Mar Thoroughbred Club & Breeders' Cup staff have implemented enhanced cleaning and sanitization procedures throughout the facility.
  • Hand-sanitizing stations have been placed throughout the grandstand and additional staff will be on-site for cleaning high-touch areas.
  • Media and guests with tickets located on the 6th Floor (Il Palio Restaurant and Skyroom Suite Dining) will be required to show proof of full vaccination against COVID-19 or proof of a negative COVID-19 test taken within the previous 72 hours.

ABOUT BREEDERS' CUP

Breeders' Cup Limited administers the Breeders' Cup World Championships, Thoroughbred horse racing's year-end Championships, as well as the Breeders' Cup Challenge qualifying series, which provides automatic starting positions into the Championships races. The Breeders' Cup is also a founding member of the Thoroughbred Safety Coalition, an organization composed of industry leaders committed to advancing safety measures in Thoroughbred racing and improving the well-being of equine and human athletes.

The 2021 Breeders' Cup World Championships, consisting of 14 Championship races, is scheduled to be held on November 5-6 at Del Mar racetrack in Del Mar, California. The event will be televised live by the NBC Sports Group. Breeders' Cup press releases appear on the Breeders' Cup website, breederscup.com. You can also follow the Breeders' Cup on social media.

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