Nursing Board Update

The Ohio Board of Nursing met November 20-22, 2014.  The Board voted to approve favorable Consent Agreements to resolve the charges pending against numerous nursing clients of Graff & McGovern.  The Board also deliberated upon numerous Reports and Recommendations to resolve charges against nurses whose cases went to hearing instead of having the charges resolved through a Consent Agreement.  The Board’s Adjudication Orders in those cases illustrated the fact that the Board is not obligated to follow the Hearing Examiner’s Recommendations, which explains why the hearing option can often be an emotional roller coaster ride for nurses who are unable to settle the charges against them through a Consent Agreement.

At the November 2014 Board Meeting, the Board also voted to issue a Notice of Opportunity for Hearing to 97 nurses.  Those Notices will be mailed to the respective nurses via certified mail this week.  Any nurses receiving a Notice of Opportunity for Hearing  from the Board should strongly consider consulting with experienced legal counsel to protect their interests and they should be mindful of the need to submit a written hearing request to the Board no later than 30 days from the date the Board mailed the Notice.  The failure to comply with the 30-day deadline will leave a nurse with none of the rights afforded by Ohio Revised Code Chapter 119 and it will enable the Board to sanction the nurse’s license without obtaining any input and/or agreement from the nurse.

Douglas Graff in the OSBF Annual Report

Mr. Graff was quoted and pictured in the Ohio State Bar Foundation 2013 Annual Report for his volunteer efforts as a Fellow of the Class of 2013.

“OSBF allows me to serve as a community volunteer while enjoying the pride, awareness, and gratitude of those we mentor, educate and support. Foundation activities teach understanding of the law, respect for the profession, and provide protection to those who need it most." Said Mr. Graff.

Thoroughbred Racing Advisory Committee Update

John Izzo attended a meeting of the Ohio Thoroughbred Racing Advisory Committee.  Over half of the Racing Commission’s office staff was present (Executive Director Bill Crawford, Investigator Joe Crugnale, Thoroughbred Fund Registrar Greg Veit, and Lisa Monteleone), along with interested members of the public, the race secretaries from Belterra Park, Beulah Park, and Thistledown.  Much discussion was held about the proposed conditions for the 2014 Race Fund season.  It was pointed out to staff that the conditions cannot contradict the Commission’s rules.  Chairman Schmitz pointed out to the staff that this Committee recommends a program to the Commission and that staff must let them do so.  Chairman Schmitz also chastised staff for holding this meeting without discussing the proposed conditions with the Committee members prior to the meeting.  Proposed condition changes include changing the scratch time; entry into only one stakes race per day; and mandating that a horse must have published works, a gate card, and a tattoo prior to being entered into a race.  Another meeting will be held once the Committee has had the opportunity to review staff’s recommendations and discuss it with them.  

Casino Control Commission Update

John Izzo attended the Casino Control Commission Meeting on November 20, 2013.  Ernst and Young were approved to conduct Penn National’s 2013 audit.  Changes to internal controls at the casinos were approved.  Four disciplinary matters were brought before the Commission.  There were two cases where a hearing was not requested; one applicant’s request for a license was denied a and a licensee’s license was revoked.  The Commission adopted a Report and Recommendation that recommended denying an applicant’s request for a license.  The Commission, for the first time Mr. Izzo can remember, issued a penalty that was neither a revocation nor a denial of a license.  Deputy Executive Director John Baron explained that a hearing examiner was thinking out of the box, and issued a stayed revocation with a review at the next renewal of the license.  The Commission unanimously approved this.

Best Attorneys in Central Ohio!

Congratulations to Douglas Graff who has been honored this November with the "Best Attorneys in Central Ohio" award as published in Columbus Business First.

Veterinary Board Update

John Izzo attended the Ohio Veterinary Medical Licensing Board’s monthly meeting on November 13, 2013.  The Board continued its discussion on rule changes and additions.  Representatives from VIP PetCare testified in favor of minimum standards at vaccine clinics.  The vaccine clinic rules were held back to be discussed next month.  The Board is concerned that some may try to hide behind the proposed vaccine clinic rule and really be operating a full-time hospital.  VIP PetCare will be assisting the Board in drafting an appropriate rule.

Ohio State Racing Commission Meeting

John Izzo attended the Ohio State Racing Commission meeting on Thursday, October 24.  River Downs, in Cincinnati, will now be known as Belterra Park.  Kevin Kaufman, General Manager of Belterra Park, gave a Power Point presentation on how nice Belterra Park will look when completed.  They thanked everyone for their help for making the new track a safe place, including Jeff Johnston from the Jockeys’ Guild.  

Penn National addressed the commissioners and stated they will proceed with building 760 stalls at the Mahoning Valley Race Course.  Chairman Schmitz was upset that there are not more stalls, and he and the other commissioners understood that there would be more.  River Downs and Thistledown each have in excess of 1000 stalls.  The Chairman does not think this should be a money issue.  He wants to have a phone conversation with folks higher up the ladder than Mark Lowe to discuss this.  Thistledown was approved for 122 live race days in 2014, and Dayton Raceway was approved for 56.  Days for the remaining five tracks will be discussed at upcoming meetings. 

The Commission is beginning the rule-making process with amending two existing rules.  The first will require Ohio-registered broodmares to be in the state no later than August 15^th of the year of foaling.  The other rule change will allow the Commission more flexibility in deciding the proper number of living quarters at each track.  The Commission distributed another $2.1 million of casino tax money to breeding programs, purses, expenses at the race tracks, and the Commission’s operating fund.  Total distributions in 2013 was in excess of $9 million.  The next distribution is expected in January.

Chairman Schmitz addressed the difference that the USTA has with the RMTC and emphasized his belief that there is a difference between Standardbred horses and Thoroughbred horses.  He had Joe Crugnale state that the lab will be ready to conduct post race drawn blood samples for TCO2 beginning 1/1/14.  During public comments, a member of the Quarter Horse Racing Association briefly addressed the Commission about quarter horse racing.  A Standardbred horseman addressed the Commission about the condition of fairgrounds during fair racing.  The next Commission meeting will be November 21, 2013, at 10:00 am.  

Ohio Thoroughbred Racing Advisory Committee Meeting

John Izzo attended the Ohio Thoroughbred Racing Advisory Committee Meeting on October 23, 2013.  The Committee wants to change the rules to require mares in foal to be in Ohio no later than October 15^th before it foals; the Committee is in favor of this rule change.  

The Committee discussed changes to Race Rules and Conditions for stakes races, including gate cards, scratch times, and tattoos.  There will be further discussion about this at the next meeting.  

The Chairman of the Racing Commission discussed having the Best of Ohio at Riverdowns in 2014.  There were concerns about whether the purse pool at Riverdowns could handle these races, so no decision was made.  

A proposed budget was presented to the Committee by Greg Veit.  No vote was taken.  Mr. Veit also presented the Committee with the number of notifications he has received this year, the number of foals registered this year, the number of new broodmare registrations received this year, and the number of new and renewed stallions for this year.

Ohio Veterinary Medical Licensing Board Meeting on October 9, 2013

John Izzo attended the Ohio Veterinary Medical Licensing Board Meeting on October 9, 2013.  The Board was busy with disciplinary actions; it approved six Settlement Agreements and issued four Notices of Opportunity for Hearing.  The Board continued to talk about possible rule changes.  

Last month, Dr. Salinger stated the reason for the time and frequency limitations on vaccination clinics in the draft rule was to limit bad practitioners from practicing bad veterinary medicine.  Towards the end of the October Meeting, the Board decided it should proceed without the time and frequency limitations in the vaccination clinic draft rule.

Casino Control Commission Meeting on October 16, 2013

John Izzo attended the Casino Control Commission Meeting on October 16, 2013.  Standard business was before the Commission, including consideration of licensure for a gaming related vendor and key employees.  The Commission also considered amendments to internal controls for all four casinos.  Three final orders were issued, and all three licensees had their licenses revoked.  Dan Harkenrider of ESPN Cleveland addressed the Commission regarding poker and poker tournaments.

Attorney, John Izzo attended the September 2013 Racing Commission meeting and this is what he had to say... The Commission did not approve live race dates for 2014 calendar year. The Commission discussed making changes to the living quarters and tack room rules. An Ohio Thoroughbred Race Fund meeting will be held next month to discuss changes to its program. The Commission addressed staff’s rescinding of thirteen Rulings that were issued in error against standard-bred horsemen this year. The Commission ratified staff’s action but took no other action concerning the rulings that were wrongfully issued.

Are you a Physician who would be interested in having your application fast tracked?

The State Medical Board of Ohio plans on beginning an Expedited Licensure Program in the near future. Check back with us each month and we will keep you posted on the details.

Douglas E. Graff Selected For "Best Attorneys In Ohio"

Columbus, OH (PR Newswire) June 25, 2013 - Douglas E. Graff of Columbus, OH has been honored with a recognition by Woodward/White Inc in its selection of "Best Attorneys In Ohio." in the May, 2013 issue .
Mr. Graff commented on the recognition: "This is quite an honor for me. The fact that I have been included me in the selection of "Best Attorneys In Ohio," signals that my constant effort to deliver excellent work has paid off. It is gratifying to be recognized in this way."

Following the publication of Mr. Graff's selection the American Registry seconded the honor and added Mr. Graff to the "Registry of Business Excellence™".

Sending in Your Application to the State Medical Board of Ohio?

Are you a Physician in the process of sending in your application to the State Medical Board of Ohio? The State of Ohio Medical Board members suggest that applicants be more than honest in their submissions. Example: You have a previous charge from your teenage years that is not off of your record, but you find it to be a minor lapse in judgment and do not feel it is important to include in your licensure application. However, when it’s time for your background check and a violation is shown, it slows down the process of your licensure versus just stating on your application the small charge that is on your record. So keep this in mind when applying for your Medical License in the State of Ohio.

Ohio Eyes Changes in Racehorse Drug Policy and Testing

On August 22, 2013, The Medication Committee met for the first time since May 24, 2012. Attorney John Izzo attended this meeting and this is what he had to say... The first item on the agenda was therapeutic medication thresholds adopted by the Association of Racing Commissioners International in April of 2013. The medication list was provided and the public was given ten days to comment on it. There was no further discussion, other than the Commission’s unwillingness to provide withdrawal times for the medications listed. The next item on the agenda was TCO2 testing. Effective January 1, 2014, the Commission will no longer test for TCO2 pre-race. Instead, post-race testing will be done at the standardbred and thoroughbred tracks. The winner and others tested will remain in the test barn for ninety minutes after the race have blood drawn to be tested at the official laboratory. The consensus appeared to be that there were too many problems with the Radiometers at the tracks, and it would be better to have certified technicians conducting the tests. At the end of the meeting, Chairman of the Committee was asked about the status of the ruled change submitted by the Jockeys’ Guild last year concerning shock wave therapy. There was no update. In addition, when asked about pre-race examinations required by the Rules, Investigator Joe Crugnale said he didn’t know what was being done, so he would look into it. For more detail about this new change in Drug Policy and Testing for the Ohio State Racing Commission, take a look at the attached article.http://www.thehorse.com/articles/32448/ohio-eyes-changes-in-racehorse-drug-policy-and-testing

August Medical Board Meeting Update

On Wednesday, August 14, 2013, Attorney Levi Tkach attended the monthly State Medical Board of Ohio

board meeting. During this month's meeting, the State Medical Board of Ohio (“Board”), Board Members unanimously approved the creation of a panel of experts to review Board Rules regarding Suboxone. In a proactive approach to regulation, the Board intends to identify areas of change before Ohio experiences another potential prescription drug epidemic. While the Board did not set a precise objective for the expert panel, broad goals were discussed. A main area of focus is creating a foundation for future regulatory processes, similar to the Washington State Medical Board. If the expert panel is successful in its recommendations for proper Suboxone use, regulation of the medication Buprenorphine will follow. Although the expert panel meetings will not be public hearings, periodic updates and reports during other regular Board Meetings will occur.

The Board also took another set towards formal adoption of new rules regarding the discharge of patients. The Board received a large number of public comments from both physicians and patient rights advocates regarding the proposed rule amendments. While the initial goal of protecting patients remains a primary objective, practitioner’s complaisance requirements (specifically the prohibition against patient abandonment, see O.A.C. 4731-27-01) has garnered serious Board attention. The proposed rule amendments were approved for transmission to the Joint Committee on Administrative Rule Review for review and comment. Additional information in available on the Board’s website at http://www.med.ohio.gov/professional-rules_homepage.htm.