The last two dates that Santa Anita had raced, Apr. 8 and 9, a total of five turf races had to be swapped from the “firm” grass course to the “fast” main dirt track because of slippage problems on the far turn.

That Apr. 8 card was the meet's premier race date, featuring the GI Santa Anita Derby and its undercard stakes. But when Midnight Jostar (Midnight Lute) lost his footing and fell at the top of the stretch, unseating jockey Kent Desormeaux, one remaining late-card Grade III stakes and two allowance races got transferred to the main track.

The trouble spot was then aerated overnight and jockeys walked the course with track management on Sunday, Apr. 9. They rode four races over the “firm” course, but continued complaints slipping and bobbling necessitated the removal of two later races from the course.

Scott Chaney, the CHRB's executive director, said Apr. 20 both the fallen horse and jockey ended up being “perfectly fine” and that the removal of turf racing was “completely the right call” by track management.

But Chaney did add that from a standpoint of inconvenience, “it certainly wasn't a good look for [Santa Anita] and it was bad for the wagering public.” He termed the mid-card need to remove races from the turf on a cloudless, non-raining day to be “less than ideal, and frankly Santa Anita lost a fair amount of money because of it.”

Chaney continued: “The current explanation is that it was wet, therefore slippery, [and] that water was not draining well enough through the turf course. My understanding is that that's partly because they've changed the composition because of the inordinate amount of rain. So it can take more rain, but it doesn't drain quite as well.

“There was no racing this week. We've been getting daily reports from our safety stewards on the grounds there about the measures they've taken in terms of aeration and [the addition] a substance that promotes drainage on the turf course,” Chaney said. “I know they worked three horses [Wednesday] morning [and everybody] seemed happy with how that was supposed to go. ”

CHRB equine medical director Jeff Blea concurred with Chaney.

“It's frustrating for those owners. It's frustrating for the betting public, and those trainers as well. I heard a lot of those frustrations,” Blea said. “But, as Scott said, there were some issues with horses slipping on one area of the racetrack around that turn. The stewards decided, and I think they made a good decision, in the safety of the horses and riders, to take it off the turf.

“I know Santa Anita was affected paramountly with the loss of wagering,” Blea said. “[But] they've gone through, they've evaluated and looked at what the problem was [and concluded] that the turf was back to normal and safe.”

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So far, the state's VMB has flexed its primacy, issuing dozens of records requests and, in a number of instances, complaints against vets within this colony. The highest profile such case concerned a settlement last year with CHRB equine medical director, Jeff Blea.

In that settlement, the VMB issued Blea a fine of more than $130,000, required him to undergo continuing education classes and placed him on probation–this, for issues that a consensus of prominent equine veterinarians said amounted largely to relatively minor record keeping violations, those typically resulting in just fines.

At the crux of the interagency dispute is this question: To whose set of rules should California's racetrack vets adhere? The VMB's rules built around the California Veterinary Medicine Practice Act, or the CHRB's own set of regulations?

This is a crucial question for the vets with complaints issued against them as the VMB is often seeking punitive actions for veterinary practices that are permitted under the CHRB's rule book.

This means that if a veterinarian settles their case with the VMB and returns to work under a probation order, they face potentially serious consequences–the loss of a license even–for breaching the VMB's standards of equine care, all the while abiding by the CHRB's rule of law.

But given federal preemption of state law, does the advent of the Horseracing Integrity and Safety Act's (HISA) anti-doping and medication control program (ADMC)–now set for launch later this month–change the dynamic of this regulatory impasse by becoming the ultimate arbiter of backstretch veterinary practice?

The answer is not altogether clear.

According to wording of the act, “HISA rules preempt State laws or regulations with respect to matters within the jurisdiction of HISA,” wrote Monica Vargas, a spokesperson for the Department of Consumer Affairs, which oversees the VMB.

In other words, HISA preempts state law only to the rules written into its books. The HISA Authority–the broad non-profit umbrella established by the act–takes a similar stance.

“The Act states that HISA rules preempt state law and regulations on the particular matters that the HISA rules address. In other words, if no HISA rule has been promulgated on a particular matter, a State is free to continue regulating it,” wrote a HISA spokesperson.

Scott Chaney | CHRB Photo

According to CHRB executive director, Scott Chaney, the broader matter of racetrack veterinary oversight is therefore far from resolved, with the advent of HISA meaning that California's backstretch vets are now essentially subject to three main regulatory bodies–the CHRB's rules still applying when neither HISA nor the VMB's rules are applicable.

“To me, this is the worst of all worlds–some areas preempted by HISA and other areas not,” said Chaney.

Craig Robertson, outside counsel for the American Association of Equine Practitioners (AAEP), also views the issue through muddy legal waters.

“If HISA speaks on a subject, it's intended to be pre-emptive. But you're likely to get into arguments about whether a specific subject is one that HISA speaks on and then preempts or not,” Robertson said. “I just don't think it is going to be black and white.”

As such, Robertson said that he is gearing up for a slew of lawsuits around the country, seeking to define who has ultimate jurisdiction over what when it comes to backstretch veterinary practice.

“There's enough grey area and nuance that I think it's going to make for creative lawyering for people like me to be able to argue various sides of these particular issues,” Robertson added.

Among some of the areas of conflict between the VMB and the CHRB that HISA appears to have resolved concerns drug administration.

This includes the use of what the VMB terms “dangerous drugs”–like the ubiquitously administered sedative acepromazine–and the use of non-FDA approved compounded medications like dantrolene, used on horses that tie-up.

Though the use of compounded medications are a standard practice in veterinary medicine, the CHRB's own Rule 1867 (b) has long stated that “the possession and/or use on the premises of a facility under the jurisdiction of the Board of any drug, substance or medication that has not been approved by the United States Food and Drug Administration (FDA) for use in the United States.”

The medical board has interpreted that rule categorically, detailing in complaints how no compounded drugs are FDA approved for use on CHRB licensed grounds, even if compounded from FDA approved parent drugs.

This prompted a recent CHRB emergency rule modification changing the language of the rule to permit awfully prescribed, compounded medications manufactured to federal and state guidelines.

Furthermore, the Horseracing Integrity and Welfare Unit–the arm of HISA charged with rolling out its ADMC program–has issued its lists of controlled and banned substances, making clear which drugs are permitted for use in covered horses and when. HIWU's controlled substances list includes medications like dantrolene and acepromazine.

“HISA obviously talks about medications and the treatment of horses,” confirmed Robertson.

HISA also has a provision that says, “the administration of medications and treatment methods to covered horses should be based upon an examination and diagnosis,” Robertson added.

This leads onto another backbone of the VMB's complaints against California's backstretch veterinary community: Alleged problems with their record keeping and with their veterinarian-client-patient relationships (VCPR), which covers a vet's familiarity with an animal before diagnosing and treating a medical condition.

According to the VMB, multiple California veterinarians have allegedly failed to establish an appropriate VCPR before administering, prescribing, dispensing, or furnishing medications and other medical treatments to the horses in their care.

In this regard, several equine veterinary experts have argued that the VMB has misconstrued the basic nature of backstretch veterinary practice, mistakenly substituting common standards of care around small animal practice for that in large animal practice, including herd animals.

Once again, HISA law appears to preempt the state in these matters, with statutory language covering both veterinary record keeping and the VCPR.

Indeed, “Any HISA regulation that requires veterinary records to be provided to the Authority preempts any state law that would require client consent for the veterinary records to be provided,” confirmed a HISA spokesperson.

But grey areas remain. For one, HISA fails to establish a clear set of protocols around some of the more nuanced aspects of general equine veterinary care, such as the prophylactic administration of medications, along with the use of certain medical procedures like endoscopies (otherwise known as “scoping”), said Chaney.

“The harder cases are when it comes to standard of care and quote, un-quote negligence,” said Chaney. “I can imagine the vet' med' board still wanting or believing that they regulate in that space, and with good reason. But given how HISA is dancing around those issues, has that space been preempted? I think that's murky.”

Equally murky, it seems, is whether the California VMB will unilaterally pursue disciplinary actions against licensees who are sanctioned by HISA for HISA rule violations.

According to HISA, the VMB is prohibited from taking that course of action under specific circumstances.

“The Horseracing Integrity and Safety Act dictates that, now that HISA's Anti-Doping and Medication Control regulations have been approved by the FTC, HISA preempts any state agency from taking enforcement, investigation or disciplinary actions with respect to medication administration by a veterinarian regulated by the Authority in connection with a Covered Horse,” wrote a HISA spokesperson.

The VMB on the other hand appears to view that door as being much wider ajar.

Vargas wrote how under California's Business and Professions Code, the VMB may “discipline a Board licensee on the grounds of conviction of a charge of violating any federal statutes or rule regulating dangerous drugs or controlled substances or a violation of any federal statute, rule, or regulation regulating dangerous drugs or controlled substances.”

In addition, the same code authorizes the VMB “to take disciplinary action against a Board-licensee on the grounds of disciplinary action taken by any agency of the federal government for any act substantially related to the practice regulated by the Board. Each disciplinary matter involving a Board licensee would be reviewed on a case-by-case basis to determine whether formal disciplinary action should be taken,” Vargas added.

To help realign the regulatory disconnect between agencies overseeing backstretch vets, the VMB established last year an equine practice subcommittee.

Respected equine veterinarian, Barrie Grant, was also recently appointed to the VMB, remedying what had hitherto been a noticeable void of equine expertise on the board.

Still, the ongoing legal uncertainty surrounding backstretch veterinary practice in California is making it a shaky enterprise, said Chaney.

“How can one not be concerned given what's happened over the last year and a half and given overlapping jurisdiction,” said Chaney. “At the end of the day, your regulations and rules have to be clear.”

All this prognosticating on jurisdictional authority, however, might prove premature if HISA is quashed in the courts, warned Robertson.

“Obviously, there's a big question as to whether or not HISA will survive legal challenge,” Robertson said.

“And if you get past that, the next question would be: What form does HISA look like if it survives legal challenge?” Robertson added. “Is it in its current form, or will the courts say that certain parts of it are non-enforceable or somehow limited in some way?”

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In a 5-1 vote during Thursday's California Horse Racing Board (CHRB) meeting, the board decided that during the week running Aug. 23 to Aug. 29, Humboldt and GGF would field simultaneous race meets.

Ferndale will run the first of two scheduled weeks of racing this year, from Aug. 16 through Aug. 22, un-overlapped.

In what has been framed as a David versus Goliath fight, proponents of Ferndale had advocated for un-overlapped race dates as a financial lifeline for a small fair track that plays both a vital role in the local economy and provides a unique draw for new players into the sport.

GGF has had in its corner the likes of the Thoroughbred Owners of California (TOC) and the California Thoroughbred Trainers (CTT), who argued in support of the San Francisco facility's position as an important economic driver for the state's horse racing industry as a whole.

Given how this same debate has become something of an annual slugfest, CHRB vice chairman Oscar Gonzalez–the sole commissioner to vote in Ferndale's favor after a recent scouting trip to the town–proposed a compromise during the vote tally to help assuage ongoing uncertainty.

“What if we went to a rotation where one year is overlapped the second week, and the other year it goes un-overlapped,” said Gonzalez. “So, essentially, 2023 we would allow for two-weeks of un-overlap. 2024, we go back to the second week being overlapped.”

That proposal, however, garnered no traction–at least for now.

ADW Monies for 2023 HISA Payment

The CHRB voted to use in-state Advanced Deposit Wagering (ADW) monies otherwise earmarked for purses and commissions to cover California's 2023 fee assessment for the Horseracing Integrity and Safety Act (HISA), which amounts to roughly $1.6 million.

The assessment was originally supposed to be around $6.7 million for the year. But because California has agreed to continue performing many of the duties inherent in the law's drug control program–like the collection and testing of samples–HISA has offered California roughly $5.1 million in credits.

As it currently stands, the HISA law covers only Thoroughbreds and not Quarter Horses. CHRB executive director Scott Chaney confirmed when asked that mixed races at Los Alamitos Racetrack between Thoroughbreds and Quarter Horses will not fall under HISA's jurisdiction.

Inclement Weather Policy

The agenda item with arguably the most salience for the horsemen concerned the inclement weather policy the CHRB adopted a couple of years ago in the aftermath of the 2019 Santa Anita welfare crisis, when a rash of fatal breakdowns were attributed to an exceptionally rainy winter, necessitating the track to be frequently sealed.

In short, there remains a perception that horses that work or race immediately after a track is unsealed are at a higher risk of injury–a possible correlation currently being studied by researchers at U.C. Davis.

Right now, once a sealed surface has been opened up, the current policy permits no high-speed workouts for 24 hours, though does allow for everything up to a gallop.

During this winter's volley of storms that have lashed California, the CHRB's inclement weather policy has led to a highly disrupted training and racing schedule for trainers.

“I think it's fair to say that we've received an inordinate amount of rain this year, and so I think it has, shall we say, strained the limits of the inclement weather policy,” admitted Chaney.

According to CHRB equine medical director Jeff Blea, Thursday's meeting provided an opportunity to discuss possible modifications to the policy, with the idea of proposing more concrete rule changes in the future.

Blea outlined a bifurcated proposal whereby for the first 24 hours after a track has been opened up, horses are permitted to jog only.

“The reason for that is, we feel the track is safe for training, but we feel as a matter of safety to reduce the amount of concussion and bone remodeling events that would occur during galloping to limit it to jogging,” said Blea.

According to Blea, for the subsequent 24 hours of the 48-hour period following the opening of a sealed racetrack, horses could be permitted to gallop or breeze as per the discretion of the track superintendent, CTT representation and Blea himself.

“For the second 24 hour of the 48-hour period, we discussed leaving that to jogging only,” said Blea. “But we landed on the conclusion that the determination would be made at the recommendation of the track superintendent in conjunction with myself and the CTT to determine whether the second day after the opening of the seal, we allow jogging or whether we allow them to gallop or even possibly breeze.”

“The decision would depend upon how much water has accumulated in the previous rainstorm, correct?” asked CHRB chairman Greg Ferraro.

“That decision would depend upon how much water occurred during that event, when they were able to get the track sealed, what the track looks like when it's open, how deep they can cut it to ensure there's a safe and consistent base to it,” replied Blea.

Blea confirmed that this policy would apply to both the main track and the training track at Santa Anita. The proposed changes pertain only to training, with no possible modifications to the inclement weather policy proposed at this time for racing.

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A regulatory veterinarian is present to watch horses warm up on the level before they head up the hill—on which the Sweet Life S. was run—and then again when they get to the gate.

According to California Horse Racing Board (CHRB) equine medical director, Jeff Blea, the video appears to be from when Decorated My Life negotiated the incline on the way to post—a stage when a regulatory veterinarian can scrutinize individual horses on a TV monitor but not from the track itself.

“I spoke with the track vet and we're thinking of making a couple modifications, especially for horses that are warming up on the turf course—and the downhill turf course in particular—so maybe we can get an eye on these horses as they're going up the hill, not just on a flat surface,” said Blea, who followed-up the interview in an email with a study showing how even slight slopes can affect lameness exams in horses.

According to Blea, Decorated My Life passed multiple layers of veterinary oversight before Saturday's race, including an exam by the attending veterinarian prior to entry, another exam the morning of the race, along with regulatory scrutiny in the paddock, while warming up and behind the gate.

“She was evaluated when she got to the gate and there was no lameness present,” said Blea, about the daughter of Mehmas (Ire), trained by Simon Callaghan.

All horses entered to race must also pass the muster of a multi-person review panel who assess a horse's potential for catastrophic injury. “I was on this panel, and this horse did not present any what we consider at-risk factors,” he said.

But Blea doesn't deny the video appears to show Decorated My Life presents slight lameness in the video which was widely circulated on social media.

“What I saw is visual right front inconsistency or lameness,” said Blea, of the video. “It's a short window. It's there. You can't argue that. You can't deny that. Those are the facts.”

Dionne Benson, chief veterinary officer for 1/ST racing, said that “day-in, day-out” there are at minimum two regulatory veterinarians watching the horses on the track on race-day.

“Both vets go to the paddock. One vet then goes in the truck, follows the field. But because we realize that was a potential blind-spot, we had a camera system in the downstairs—below the winner's circle—that allows them to follow horses [on TV monitors]. But then, they could have been following a different horse when the horse was doing what is on this video. They could have been looking at a different view, a different angle,” said Benson.

Decorated My Life's jockey, Joe Bravo, was taken to hospital following the incident, and took off his mounts the following day as a precautionary measure.

“You're talking about a jockey who's not aggressive—by that, I mean he's not going to push a horse that he's not comfortable on,” said Benson. “If he didn't feel it and we didn't see in that moment what was going on—or what looked to be going on—it's very challenging to do better.”

Racing on the downhill turf course was temporarily halted in the spring of 2019, when Arms Runner suffered a catastrophic breakdown in the GIII San Simeon S. When asked if the track was considering another such moratorium, Benson pointed out that Decorated My Life was the first such injury on the course after four injury-free meets. The track also had no race-day main track fatalities last year.

“We have very strict protocols about which horses and which jockeys are allowed to go down the downhill,” said Benson. “We definitely do a good job of trying to remind the jockeys of the challenges of riding down the downhill, and that's something [ex-jockey] Aaron Gryder does very well.”

As happens with every horse that suffers a catastrophic injury in California, Decorated My Life will undergo a necropsy examination—this time at a UC Davis-affiliated facility in San Bernardino.

The CHRB will also conduct a mandatory mortality review into the incident, which includes the pulling of the horse's veterinary records and regulatory exam history, along with interviews with the attending veterinarians and other potentially involved parties.

“And then finally, the review is generally with the trainer,” said Blea. “We're taking this very seriously. One fatality is one too many. Period.”

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As a condition of the settlement, Blea is required to undergo continuing education classes in record keeping, Casey said. Blea will also be on a three-year probationary period.
“If you look at the disciplinary guidelines, probationary periods are required for record keeping or really any violation, so, it shouldn't be a surprise to anybody that there is a probationary period,” said Casey.

Casey was unable to offer any further information when pressed about the circumstances surrounding Blea's suspension.

In pushing for the interim suspension, the veterinary medical board had charged Blea with various alleged violations, including prescribing, dispensing, and administering medications without performing a proper examination and diagnosis.

The TDN conducted an investigation into the accusations against Blea and found a consensus among several prominent equine veterinarians around the country that the case amounted largely to relatively minor record keeping violations, those typically resulting in fines.

The settlement order has not yet been posted on the VMB's website. The TDN reached out to the California Department of Consumer Affairs for comment but didn't receive a response before deadline.

The CHRB also had no comment prior to publication, but it had hitherto thrown its support behind Blea, and had asked the VMB to withdraw its petition for the interim suspension.

The genesis of this story ostensibly traces back to February of 2021, when the veterinary medical board allegedly received an anonymous complaint concerning the “unsafe treatment of equine patients” by multiple Californian racetrack veterinarians.

On Dec. 17, the veterinary board lodged formal accusations against Blea, accusing him of several violations, including allegedly prescribing, dispensing, and administering medications to racehorses without establishing a veterinarian-client-patient relationship, without performing an examination, and without forming a diagnosis.

At an emergency hearing on Christmas Eve, the veterinary board successfully petitioned an interim suspension of Blea's veterinary license.

The medical board's action to temporarily suspend Blea's license was a rare move, typically reserved for veterinarians charged with some of the more egregious veterinary and professional offenses, and those deemed an imminent danger to the animals in their care.

Blea had not actively practiced veterinary medicine since July of 2021, when he assumed the role of equine medical director.

In arguing the suspension, the medical board also referenced the recent sudden death of the Bob Baffert-trained Kentucky Derby winner Medina Spirit on Dec. 6, and the horse's ongoing postmortem examination, arguing that Blea presented a danger to “public health, safety and welfare” were he to continue in his role as equine medical director.

The TDN conducted an investigation earlier this year into the board's accusations against Blea, asking whether other events that had occurred around that time–including Medina Spirit's sudden death–rendered the veterinary board's actions more political theater than medical necessity.

The investigation found a consensus among eight veterinary medical experts who described the accusations largely as matters that rarely, if ever, rise to the level of a suspended license, and that the board had misrepresented the unique nature of veterinary practice on the backstretch where veterinarians with multiple barns under their care can build the sort of daily relationship with their animals typically absent from traditional small animal practice.

“We might not even fine him for this,” said Eric Peterson, former member of the Kentucky Veterinary Medical Board, at the time.

Since Jan. 12 when UC Davis–which contracts out to the medical director position to the CHRB–officially placed Blea on administrative leave pending a formal review of his license, his professional status has essentially remained in limbo, having had to temporarily step away from his other professional affiliations, including his post on the Horseracing Integrity and Safety Act's committee on Anti-Doping and Medication Control.

Come Sept. 21, there will be “no restrictions on his involvement with any veterinary organization and I fully anticipate Jeff will be back serving the equine community in all capacities where his knowledge and skill will continue to focus on equine safety and welfare,” wrote Casey, in a follow-up text.

The settlement does not put an end to the veterinary medical board's scrutiny of veterinary practices across racetrack backstretches in California.

The VMB is involved in ongoing cases against veterinarians Kim Kuhlmann, Steven Boyer and Kenneth Allison in Northern California, and against veterinarians Sarah Graybill Jones and Vince Baker in Southern California.

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According to George Wallace, Blea's attorney, Judge James Chalfant was not persuaded by the argument that Blea and the California Horse Racing Board (CHRB) would suffer irreparable harm if the interim suspension remained in place, pending a formal hearing on the merits of the veterinary board's accusations against him.

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.

“Basically, [the judge] concluded on balance that the benefit of lifting the interim suspension order, even in part, was not outweighed by the harm that the interim suspension order is doing. And he seemed not to be really tuned in either to Jeff Blea's irreparable harm in not being able to do his job, or the public policy harm being caused by the CHRB having to function without its chosen equine medical director,” said Wallace.

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. 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.

According to Wallace, the judge set the next procedural hearing on the case for Apr. 7, at which point, the date of the formal hearing on the writ of mandate petition will likely be scheduled.

The full merits hearing on the veterinary board accusations against Blea–which will be conducted before an administrative law judge–has similarly yet to be set. Theoretically, this could occur before the writ of mandate petition hearing in the LA County Superior Court, said Wallace.

In the interim, the CHRB–which has thrown its public support behind Blea–could intervene in the matter with a legal challenge to the veterinary board's jurisdictional authority in the case, said Wallace.

Indeed, a court filing with the Superior Court Monday explained that CHRB chair Greg Ferraro, who formerly served on the California Veterinary Medical Board, had 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.”

According to CHRB executive director, Scott Chaney, the agency is weighing its legal options in light of Wednesday's ruling.

“We are obviously disappointed with the decision,” Chaney added, “but we are hopeful that justice will be done in the end.”

Early this year, an administrative law judge issued an interim suspension of Blea's veterinary license for a number of offenses alleged by the veterinary board, 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.

Blea hasn't practiced private veterinary medicine since assuming the equine medical director position in June of last year.

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 levelled 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.

Various legal and medical experts have described the veterinary board's case against Blea as something of a litmus test with potentially significant bearing not only on equine veterinary practice in California but on large animal practice in general.

Kathryn Papp is an East Coast-based veterinarian and vocal critic of the over-use of medication in horse racing, who has nonetheless described Blea's suspension as unjustified.

Papp told the TDN in January that if she were practicing in California, she would be “fearful” of having to second and triple guess “every diagnosis I made or procedure I performed.” She added that if “our livelihoods and very right to work are going to be threatened and, or punished unfairly,” then “I could not understand why anyone would want to continue being an equine practitioner in California at all.”

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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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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 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. 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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In a 15-page document dated Friday, Jan. 28 but posted to the Veterinary Medical Board's website Wednesday, Chin wrote that despite Blea not currently practicing veterinary medicine, this still “does not ensure” public safety.

“As long as Respondent's license to practice is active, he is free to return to the practice of veterinary medicine at any time. Permitting Respondent to practice and engage in veterinary medicine poses a risk of injury to the public health, safety, and welfare,” wrote Chin in the ruling.

According to a UC Davis spokesperson, Blea remains on administrative leave from his position as equine medical director.

At the start of the year, the California 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.

Chin presided over a formal hearing on that interim suspension on Jan. 21.

“I'm certainly disappointed,” said Blea's attorney, George Wallace. “But I don't know, given the players involved, that it really is a surprise.”

According to Wallace, the veterinary board has 30 days with which to schedule a full hearing on the merits of the case once a notice of defense has been filed, though he warned that the timeline will likely take longer.

Wallace also suggested that Blea might seek “intervention” from the Superior Court in the meantime. “Under the interim suspension statute, there is a right to seek review in the Superior Court,” Wallace said.

“I would expect that, by this time next week, we'll have a much clearer idea of where things are going to be steered,” said Wallace. “But at the moment, it's an ongoing process. There are a lot of people whose opinions get to be heard on it, on all sides.”

A timeline of events leading to the issuance of the charges against Blea can be read here.

A key wrinkle in the case concerns the question of whether or not the equine medical director position requires an active veterinary license.

The position is first appointed by the dean of UC Davis, and the university then contracts with the CHRB for the appointee's services.

Historically, the equine medical director has not required an active license.

But in its argument for an interim suspension, the veterinary board 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 on Dec. 6 at Santa Anita.

The CHRB responded to Blea's emergency interim suspension by bringing in the executive associate dean of UC Davis's School of Veterinary Medicine, John Pascoe, to oversee the necropsy of Medina Spirit.

UC Davis subsequently placed Blea on administrative leave on Jan. 12, however.

“The UC Davis School of Veterinary Medicine is aware the interim order of suspension of Dr. Jeff Blea's veterinary license has been upheld and is monitoring the situation as the legal process moves forward,” wrote a UC Davis spokesperson, in an email.

“The School of Veterinary Medicine continues to fulfill its duties to provide equine medical director services for the CHRB,” the spokesperson added.

The CHRB has thrown its weight behind Blea, voting unanimously in closed session on Jan. 20 on their “support and confidence in Blea to continue in his role,” according to a statement issued last week.

The commissioners are “further committed to pursue appropriate legal avenues to protect the authority of the board, as well as preserve the contract with UC Davis,” the CHRB wrote, adding that “regardless of the outcome, Dr. Blea has their full support and confidence to continue in his role as EMD throughout the full adjudication process.”

The TDN reached out to the CHRB for comment on the latest ruling but didn't receive a response before deadline.

The veterinary board accuses Blea of a number of offenses, including allegedly administering drugs to racehorses without a prior examination to form a diagnosis and determine medical necessity, failing to establish “any” veterinary-client-patient relationship, and of issuing drugs that are not FDA approved for equine administration.

A subsequent TDN investigation found a broad consensus among veterinary medical experts that the infractions are largely matters of poor record-keeping which rarely, if ever, rise to the level of a suspended license.

“When it comes to rising to the level of needing an immediate suspension, in my opinion, I don't think it reaches that level,” Bryan Langlois, former president of the Pennsylvania Veterinary Medical Association, told the TDN.

In her ruling, however, Chin suggests that the defense failed to provide at the administrative hearing an adequate rebuttal to the allegations, writing that while testimony from the veterinary board's investigator, James Howard, was given “significant merit,” the affidavits submitted by the defendant were afforded “little” weight.

“Though each affiant asserts that the allegations were without merit and claims the allegations are based on a misunderstanding of racetrack practice, they provide no factual grounds for their conclusions,” Chin wrote.

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“For my own two cents as chairman, I think that the issues surrounding Dr. Jeff Blea brought forth by the veterinary medical board are both ill-advised and slanderous,” said CHRB chair Gregory Ferraro, who is also a licensed veterinarian.

“Unfortunately, he has now become a pawn in a politically driven agenda to disparage horse racing in California,” Ferraro said. “The people behind this effort are willing to sully and besmirch Dr. Blea's reputation to achieve their ends. And while they are in the process of achieving these goals, the health and safety of racehorses are being compromised every day that Dr. Blea is not allowed to perform his duties.

“Personally, I am dismayed that no one in authority is willing to step forward and call out this ordeal for what it is–an unwarranted and unfair vendetta,” Ferraro summed up.

No members of the CHRB voiced criticisms of Blea. But when the topic was opened up to hear the opinions of nine members of the public who had requested commentary time, sentiment turned against Blea and the CHRB's backing of him by an 8-1 margin.

Among the public opinions voiced were some that advocated for letting the VMB process play out so Blea's allegedly “reckless” behavior could be properly adjudicated. One speaker also called for Ferraro to go on the record by naming the people or entities he believes are slandering Blea.

After the public portion of the Jan. 20 CHRB meeting, the board was scheduled to discuss the case in greater detail while operating in a closed executive session.

TDN reported last week how the VMB also claims that Blea presents a “danger to public health, safety and welfare” due to his oversight of the high-profile investigation into the death of the Bob Baffert-trained Medina Spirit, the GI Kentucky Derby winner who collapsed and died after a scheduled workout Dec. 6 at Santa Anita Park.

The alleged medication violations occurred before Blea's tenure began at the CHRB, when he was previously employed as an attending veterinarian who treated racehorses.

“Although I question the veracity of those allegations, what is particularly disturbing is the desire to suspend his veterinary license in advance of his hearing, and more to the point, prevent him from working in his role as equine medical director,” said Scott Chaney, the CHRB's executive director.

“I am sorry for Dr. Blea and his family. And although he has been professional and hopeful throughout this ordeal, it is not right that his excellent reputation be besmirched in this way,” Chaney said.

Chaney said the CHRB has hired outside legal counsel to represent its interests in the case and to “right this wrong.” He added that acting veterinary personnel have been appointed to ensure that the equine medical director's duties get covered, but that the CHRB is “less effective without him.”

CHRB vice chair Oscar Gonzales said, “In order for the CHRB to keep moving in the right direction, we need Dr. Blea as equine medical director.”

Commissioner Alex Solis also spoke out in defense of Blea's character and competence.

None of the four CHRB-affiliated speakers directly addressed the charges against Blea. They largely chose to cite declining equine fatality statistics at the state's racetracks, which they said underscored the importance of having their chosen equine medical director in place to further those efforts.

Gonzales cited “outdated standards and regulations” as a factor in Blea's case, and he implored the CHRB and VMB to meet “as soon as possible” to update such standards to prevent similar “unintended consequences.”

Public commenter Lynn Freudenberg, who signed up to speak as a member of an organization called “Kill Racing, Not Horses,” advocated for the CHRB to take an introspective look at its defense of Blea.

“I know you guys have a personal relationship with Dr. Blea. And I can see why you like him. He's your veterinarian–of course you like him,” Freudenberg said. “But you have to realize that the veterinary board has reason and they have evidence, and they're asking for this to be debated if [Blea's conduct] is wrong.

“Dr. Blea is being charged with negligence. He's administering drugs, medications [and applying] treatment to animals without performing an examination or performing a diagnosis. He's just blindly giving things out. There's six cases, and they have a list of drugs that go with it,” Freudenberg said.

“These are all recent [allegations]. This is nothing from the past,” Freudenberg said. “I don't know why you would stand behind somebody when his own veterinary board is going against him. I think you have to open your eyes and see what's going on and why this is happening.”

A Jan. 11 TDN investigation into the accusations against Blea found a broad consensus among veterinary medical experts that the alleged infractions are largely matters of poor record keeping that rarely, if ever, rise to the level of a suspended license.

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