CHRB Meeting: HISA, Accident Taskforce, Betting Option Menu

Newly minted California Horse Racing Board (CHRB) member, Thomas Hudnot–an education consultant and a former racehorse owner–enjoyed a relatively smooth landing on his first public day on the job, with few of the highly combustible topics on the monthly commission meeting agenda that have lit the touch paper during any number of board meetings these past few years.

The meeting, however, did signal a potential brewing storm in the shape of the Horseracing Integrity and Safety Act's scheduled implementation of its racetrack safety rules July 1.

CHRB executive director, Scott Chaney, pointed out that HISA's crop rules–which allow for overhand use of the whip–are more permissive than those currently in place in California, which prohibits use of the whip above the shoulder.

Furthermore, HISA's Anti-Doping and Medication Control program, which is set to go into effect early next year, currently restricts the administration of pre-race mediations to 24 hours, in contrast to the CHRB's 48-hour cut-off.

These two areas give Chaney cause for “concern,” he said, adding that he is in frequent communication with the new CEO of the Horseracing Integrity and Safety Authority–the broad non-profit umbrella established by HISA and commonly referred to as just the “Authority”–to find a solution to these issues “which are frankly non-starters for California.”

“I am hopeful that we can reach a resolution in which there will not be any loosening of the rules already in place here,” said Chaney.

Chaney also broached the prickly issue of HISA's cost, saying that “the current reg's require that they provide the amount of California's contribution by Apr. 1.” Before then, he added, the CHRB will begin negotiations with the Authority to conduct as many of the functions under the new federal rules as the law permits.

Needless to say, Chaney said, “this implementation is very fluid, and will require both the Authority and the CHRB to be flexible as we both seek to promote human and animal welfare.”

Earlier in the meeting, California Thoroughbred Trainers (CTT) executive director, Alan Balch, provided a status update on the accident prevention taskforce created late last year to systematically study the myriad factors behind fatal equine injury.

The key component of Balch's presentation concerned shoulder fractures–a common cause of catastrophic injury in racehorses.

These types of injuries have long bedeviled veterinarians and trainers due to their subtlety of visible symptoms, and the sheer difficulty of diagnosing them prior to a catastrophic breakdown occurring.

“As you know, if we could eliminate shoulder fractures, our safety record would improve even more significantly,” said Balch.

One especially high-risk group of horses said Balch–floating the findings of a nationwide statistical survey performed by The Stronach Group chief veterinarian, Dionne Benson–are those returning to training from lay-offs.

“Generally, the factors are lay-offs of 90-days or more,” said Balch, “and possibly a premature return to serious training once they've returned to the track or an auxiliary facility.”

In short, explained Balch, the general understanding in the equine medical world is that in horses returning to training after a break, the musculature develops faster than the bone can remodel, and that horses can appear outwardly fit enough to handle a degree of exercise greater than the bone is able to withstand.

And so, what's to be done?

California trainers are required to routinely complete continuing education courses, covering a variety of topics from track surfaces to pre-race examinations, as well as those on shoulder fractures.

Most California trainers have completed the shoulder-related module, but not all, admitted Balch. In response, the CHRB discussed a variety of amendments to the rules to potentially mandate completion of the module, including making it a prerequisite for re-licensing.

In the meantime, the CTT will contact over the next 30 days all trainers who have skipped the online course to encourage them to complete it, said Balch.

More broadly, the aim of the accident taskforce “is to provide a statistically sound guide, perhaps even by way of a rule based on verified evidence, of steps which must be taken before a horse returning from a lay-off of a specified period can gallop or work at speed,” Balch explained.

During a report about the prior day's pari-mutuel and wagering committee meeting, commissioner Dennis Alfieri explained how the Xpressbet wagering platform has developed a technology allowing gamblers to select an alternative primary selection in multi-race wagers–such as a pick four, pick five, or pick six–in the event their primary pick is a late scratch.

The new feature was launched to online customers in mid-February, said Alfieri.

The technology was developed in response to the Modern Games debacle at last November's Breeders' Cup Juvenile Turf, when a veterinarian prematurely scratched the horse, only for the Godolphin runner to be reinstated into the race for purse-money only.

Modern Games ultimately won the race, with winning returns going to the second-place finisher, Tiz the Bomb. And while many multi-race gamblers who selected Modern Games automatically received the eventual favorite, Dakota Gold, instead, that horse eventually finished out of the frame in fifth.

Alfieri explained that Chaney had suggested at the pari-mutuel and wagering committee meeting that the CHRB make this wagering option a condition of licensure for other betting platforms when their licenses are up for renewal.

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Amended Accusations Set Ball Rolling Towards Blea Hearing

In an amended accusation, the California Veterinary Medical Board has revised its original set of complaints leveled against California Horse Racing Board (CHRB) equine medical director, Jeff Blea.

The additional information, however, mostly “fine-tunes” what was included in the original accusation against Blea and doesn't change the “big picture,” said George Wallace, Blea's attorney.

According to various leading veterinary medical experts, that big picture is one largely of lax record keeping.

What the amended accusation does, however, is set the ball rolling on a rough time-table leading to a full hearing, giving Blea 15 days with which to file a notice of defense.

Once Blea's notice of defense has been filed, the formal hearing is required to be scheduled within 30 days, said Wallace. But due to the complicated nature of the case, it will likely take longer, he said.

“We expect to oppose and refute most everything here when the appropriate time comes. It remains the case that the allegations of the Accusation are disputed, and will be either refuted altogether or shown to be consistent with the professional and legal obligations of equine veterinarians generally, and particularly of equine veterinarians at California race tracks,” Wallace wrote in an email, regarding the amended accusation.

Blea was put on administrative leave from his position as California horse racing's head veterinarian by UC Davis in January. As per an administrative law judge ruling from earlier this month, Blea's veterinary license is also temporarily suspended pending a formal hearing.

In the interim, Blea might still seek injunctive relief in the California Superior Court to lift the temporary block on his veterinary license due to the fact the suspension has “serious problems in terms of a lack of an evidentiary basis,” Wallace said. A decision on such a move could arrive by next week, he said.

After the administrative law judge's ruling earlier in February, CHRB executive director, Scott Chaney, explained that the agency was contemplating similar legal intervention in the Superior Court on behalf of Blea.

According to a CHRB spokesperson Wednesday, no decision had yet been made on the agency's legal approach in the case.

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 typically result in punitive actions less severe than a suspended license.

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

In its original 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 GI Kentucky Derby winner who collapsed and died after a scheduled workout Dec. 6 at Santa Anita.

The final results of that necropsy were issued to the public last week, with Medina Spirit's cause of death ultimately “undetermined.”

According to UC Davis, Blea remains on administrative leave, despite completion of the necropsy.

“The conclusion of the Medina Spirit necropsy does not affect the status of the equine medical director position. Dr. Blea's administrative leave continues. In the meantime, school personnel continue to fulfill the duties of the equine medical director for the California Horse Racing Board,” wrote a UC Davis spokesperson, in an email.

The amended accusation includes details that weren't included in the original complaint.

It states, for example, that Blea's veterinarian confidential reports revealed “clusters of equine patients were administered identical medications and treatments, at the same time, at the request of their trainers without medical necessity.”

Listed in explanation are the following substances that are commonly found along the racetrack backstretch: Adequan, Gastrogard, Aspirin powder, Acepromazine pills, Uniprim, Otomax, Legend (a hyaluronic acid), and Tucoprim powder.

The amended accusation also adds additional substances to those that Blea reportedly possessed or used that have not been approved by the FDA.

But as Bryan Langlois, former president of the Pennsylvania Veterinary Medical Association, had previously told the TDN, just because certain drugs don't have FDA approval for use in horses doesn't mean veterinarians are prohibited from prescribing them.

“A lot of drugs that are out there, they're FDA approved but only in certain species or only in humans. The companies never did the trials to test them in animals to get the FDA certification. So, a lot of times, we prescribe these drugs as off-label use,” Langlois had told the TDN.

“Usually, what that means is that there is no FDA approved equivalent out there for that species. The research has been done and the drug dosage has been worked out so that it can be used safely in animals, you just have to make the owner aware of the fact that you're using it off-label,” he had said.

Among the punitive outcomes the veterinary medical board is seeking against Blea is full revocation or suspension of his license.

The TDN asked Langlois to review the amended accusation. In a text, he explained that the nature of the allegations still don't rise to the level requiring immediate license suspension.

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Dr. Jeff Blea Has ‘Full Support’ Of California Horse Racing Board

The commissioners of the California Horse Racing Board (CHRB) unanimously agreed in closed session Jan. 20 on their support and confidence in Dr. Jeff Blea to continue in his role as the CHRB's Equine Medical Director (EMD) as he deals with the accusation filed against him by the California Veterinary Medical Board (CVMB), which has resulted in an emergency temporary suspension of his veterinary license.

The commissioners and Executive Director Scott Chaney are optimistic that the interim suspension hearing held on Jan. 21 will overturn this initial decision. However, 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 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, which appointed Dr. Blea as the Equine Medical Director for the CHRB.

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CHRB Backs Blea Ahead of ‘Dangerousness’ Hearing

Three members of the California Horse Racing Board (CHRB), plus the agency's executive director, on Thursday advocated for the reinstatement of temporarily suspended CHRB equine medical director Jeff Blea on the eve of his hearing before the California Veterinary Medical Board (VMB) to rule on a list of allegations that include administering “dangerous drugs” to racehorses without examination or medical necessity.

“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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