Blea to Return As California Equine Medical Director Sept. 21

Jeff Blea, on administrative leave from his post as California Horse Racing Board (CHRB) equine medical director since early January after the California Veterinary Medical Board (VMB) successfully petitioned to have his license temporarily suspended, is set to officially return to the position Sept. 21 having reached a settlement with the VMB, according to Michael Casey, Blea's attorney.

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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Stay Denied on Interim Suspension of Blea’s Vet License

A hearing in the Los Angeles County Superior Court Wednesday morning resulted in a denial of sidelined California Horse Racing Board (CHRB) equine medical director Jeff Blea's request to stay the California Veterinary Medical Board's interim suspension of his veterinary license, meaning that the California horse racing industry continues to operate without its chief veterinarian at least for the near future.

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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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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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 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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