Ohio Casino Control Commission Meeting

John Izzo attended the Ohio Casino Control Commission Meeting on Wednesday, October 15, 2014.  Tracy Plouck, Director of the Ohio Department of Mental Health and Addiction Services provided a report to the Commission as well as the 2015 plan for problem gambling services.  There was discussion concerning the renewal of licenses that are coming to the Commission.  There have been over 1,800 thus far.  Internal controls were amended for all four casinos.  One case came before the commission, an individual who was not forthcoming about his past criminal convictions.  His application for a license was denied.  Tama Davis, the Director of Communications, is leaving to accept a position in the public sector.  The date of the next monthly meeting was not mentioned.

State Medical Board of Ohio Meeting - October 8, 2014

John Izzo attended the State Medical Board of Ohio meeting on October 8, 2014.  He was present for the Board’s consideration of several Reports and Recommendations.  Of note, the Board approved the license of a massage therapist who’s license lapsed three years ago but continued to practice.  Mr. Giacalone, Board Member, stated that the applicant mitigated her situation by ceasing practice upon learning she was not licensed and notifying the board.  It was agreed that she would receive a reprimand, but would be allowed a license.  In a separate massage therapist case, the Board decided to permanently deny an individual who had three DUI’s prior to her application, and one afterwards that she did not inform the Board of.  A key point in the Board’s determination appeared to be the applicant’s statement that she did not believe Alcoholics Anonymous would work for her, and that she continued to work as a bartender pending the outcome of her application.

The Equine Immunity Statute

The Ninth District Court of Appeals recently reviewed a case where it compared the Equine Immunity Statute (R.C. 2305.321) with the statutory cause of action for injuries sustained as a result of another person’s dog (R.C. 955.28).  In Graham v. Shamrock Stables (9^th Dist.), 2014-Ohio-3977, Graham was at Shamrock Stables looking at a horse to adopt.  A dog harbored on Shamrock Stables’ property allegedly barked and jumped at the horse’s back legs.  The horse in question became spooked, swung around and knocked Graham to the ground.  As a result of the fall, Graham seriously injured two of her fingers.

Graham argued that the Equine Immunity Statute did not apply because her injuries were the proximate result of the dog; therefore, the injuries are compensable under R.C. 955.28.  The Court disagreed.

To prove a statutory cause of action pursuant to R.C. 955.28, the plaintiff must prove ownership or keepership of the dog, that the dog’s actions were the proximate cause of the injury, and damages.  However, the Equine Immunity Statute provides immunity from liability for harm sustained by an equine activity participant allegedly from the inherent risk of equine activity. 

Graham was an equine activity participant.  The “inherent risks” include the unpredictability of an equine’s action to other animals.  Graham concede that immunity would exits if she were bringing suit against Shamrock Stables as a sponsor or an equine activity.  Graham stated there was no immunity because her suit arose from the injuries she received as a proximate result of the dog, not that the horse reacted to the dog. 

The Court looked at the plain language of the Equine Liability Statute.  Since the General Assembly did not exempt an equine’s reaction to dogs, the horse’s reaction to the dog would qualify as an inherent risk of equine activity.  Therefore, Shamrock Stables was entitled to immunity.

Judge Carr dissented, stating that the general immunity provision in the Equine Immunity Statute must yield to the exception created by the special provision in R.C. 955.28 for injuries occasioned by dogs.  

John Izzo, Esq.

Ohio Veterinary Medical Licensing Board Update

John Izzo attended the Veterinary Medical Licensing Board meeting on October 8, 2014.  The Board is still one veterinarian short.  There was some discussion about what to do with veterinary clinics that do not provide two weeks notice of their hours.  It was decided to remind the clinic the first time they are late.  It appears there will be a penalty if the paperwork is received late a second time.  It was determined that the Ohio Department of Health and local health departments must comply with the Veterinary Medical Practice Act and the rules promulgated thereunder.  Several complaints were reviewed by the Board.  It appears that at least two Notices of Opportunity for Hearing will be issued.  The next Board meeting is November 12, 2014.

Racing Commission Meeting

John Izzo attended the Ohio State Racing Commission Meeting on September 30, 2014.  No days were approved for live racing in 2015.  At this time, it looks like Dayton will race 75 days, Miami Valley will race 89 days, Northfield Park will race 214 days, Scioto Downs will race 100 days, Belterra will race 93 days, Mahoning Valley will race 100 days, and Thistledown will race 100 days.  

The Chairman talked about the Best of Ohio and the five races that will go with purses of $150,000 each.  The Chairman also talked about the nine Standardbred races that went this past Saturday at Scioto Downs, each with $200,000 purses.  Neither Northfield Park nor Betlerra have reached agreements with their respective horsemen’s groups as to VLT revenue.  Although agreements were to be in place no later than six months after the VLT’s began at their racetracks, the Commission has continued to give Northfield Park additional time to work with the Ohio Harness Horsemen’s Association.  

The next Commission meeting will be held on October 23, 2014.

Veterinary Medical Licensing Board Update

John Izzo attended the September 17, 2014, monthly meeting for the Ohio Veterinary Medical Licensing Board.  The Board is still one member short, one of the veterinarian appointments.  Dr. Kidd, Dr. Kolb, and Dr. Redman continue to be active in the AAVSB.  Jack Advent from the Ohio Veterinary Medical Association addressed the Board with his concerns about a new Ohio Department of Health rule regarding radiographs.  There was a healthy discussion about an RVT applicant with a criminal history, who received her certificate of registration under a 4-1 vote.  The Board reviewed new complaints and responses received to old complaints.  In one case, the Board discussed its ability to take an action against a veterinarian who did not know that his staff provided unnecessary medication to a patient.  In this case, the Board decided not to take any disciplinary action because of the veterinarian’s lack of knowledge.

Ohio State Racing Committee Meeting

John Izzo attended the Ohio State Racing Committee Meeting on August 27, 2014.  All five Commissioners were present.  Officials were approved for Dayton Raceway, although they have yet to name all officials.  Scioto Downs cancelled racing on August 21 due to inclement weather and track conditions and will make it up on September 9.  The wagering pool manipulation at Thistledown was discussed, with the executive director assuring that the participants will not be allowed to use the same ADW again.  Another two million dollars from casino taxes were distributed.  Rule review was discussed and referenced the Rules Committee Meeting that was held last month.  Resolutions were passed to allow amendments to some rules and no changes to most.  Over one million dollars was released from the escrow account for purses on Super Night and Aged races at Dayton Raceway.  The OHHA and Northfield Park have not reached an agreement on VLT funds; neither has the HBPA and Belterra.  Chairman Schmitz stated he wanted to have circuit racing next year and did not want live days to overlap.  2015 live race dates will be discussed at a future meeting.  Additional money will be spent in the Thoroughbred Race Fund for overnights and for supplements.  

Failing to Cooperate, Worse Than Underlying Conduct - State Medical Board of Ohio Board Meeting

Failing to Cooperate, Worse Than Underlying Conduct

On August 13, 2014, the State Medical Board of Ohio reaffirmed a long standing policy when ordering an indefinite suspension to a physician who failed to cooperate with a Board investigation.

The underlying issue in the case involved a single patient simultaneously obtaining prescriptions from multiple providers. "Dr. T.” was one of the providers duped by the drug seeking patient. From the hearing record, Dr. T. had significant exculpatory and mitigating evidence in support of his clinical care to the patient. However, when contacted by Board investigators, Dr. T. repeatedly ignored requests for information. It is possible that Dr. T. would have an unrestricted license today if he had only demonstrated compliance with the Board.

Often, medical professionals find the prospect of speaking with Board investigators intimidating and daunting. These feelings are not unjustified. However, doing nothing has the potential of bringing an even greater negative impact on the medical professional’s ability to practice.

            

Most law firms, including Graff & McGovern, L.P.A., provide free initial consultations. The advice and assistance of experienced legal counsel can potentially save medical professionals hundreds of thousands of dollars in lost revenues relating to formal Board proceedings. (Including the adverse impact from suspension of professional licenses, loss of staff or admitting privileges, exclusion from participation in third-party reimbursement programs, etc.) But the embarrassment and stigmatism of a formal disciplinary action accompany all cases even when lost revenue is minimal.

            

Speaking to Board investigators without first consulting competent legal counsel is unadvisable, but ignoring a Board investigation can potentially be much worse to the licensee or applicant, as Dr. T. now knows. If you have specific questions, or if you have been contacted by a Board investigator and desire a free consultation, please call Graff & McGovern, L.P.A., today at (614) 228-5800.

Ohio Casino Control Commission Meeting

John Izzo attended the Ohio Casino Control Commission Meeting on Wednesday, August 20, 2014.  The meeting started off with Executive Director Matt Schuler informing the Commission that Scientific Games was going through yet another merger.  Attorney Matt Oyster addressed the Commission, explaining that the Commission’s jurisdiction includes illegal casinos, which would be establishments that illegally house gaming other than the four allowed by the Ohio Constitution, certain charitable gaming, games of skill, and games regulated by the Lottery Commission.  Rock Ohio Caesars entered into a settlement agreement in which it agreed to pay a $200,000.00 fine.  Two report and recommendations were before the Commission, with each licensee having their license revoked.  One report and recommendation was modified by the Commission; the Commission disagreed with the hearing examiners determination that a OMVI--which did not affect an applicant’s suitability for a license--should be considered to affect suitability as a licensee.

Ohio Veterinary Medical Licensing Board Meeting

John Izzo attended the August 13, 2014, Ohio Veterinary Medical Licensing Board Meeting.  The Board is still one member short, as Dr. Dass’ term expired at the end of last year.  The Board reviewed three new complaints, as well as the responses to ten other complaints.  During the Executive Director’s Report, Ms. Stir informed the Board that she is seeking to receive an additional $100,000 per year in the next biennium’s budget.  This would then allow the Board to conduct one hundred compliance inspections in each of the next two fiscal years, starting July 1, 2015.  The Assistant Attorney General addressed the Board about expert opinions and what evidence is necessary to prove a minimum standards violation.

June 26, 2014 Ohio State Racing Commission Meeting

John Izzo attended the June 26, 2014, Ohio State Racing Commission Meeting.  The Commission announced it is looking for input regarding no-change rules to be filed in 2014.  Video Lottery Terminals (VLT) revenue was approved for distribution upon request of the Ohio Harness Horsemen’s Association (OHHA) and the Ohio Horsemen’s Benevolent and Protective Association.  Chairman Schmitz expressed his displeasure with Northfield Park and the OHHA for not yet reaching an agreement with the VLT revenue.  

Five items were brought up that were addressed recently by auditors: 

1. The Commission must do a better job explaining why it is going into executive session.
2. The Commission must timely make all deposits.
3. An additional set of eyes, other than the Executive Secretary’s, must review the simulcast purse fund.
4. There must be a policy and procedure manual.
5. The Executive Secretary must properly approve payroll expenditures.  

Two settlement agreements were approved.  The next Commission will likely be August 27, unless a special meeting is called by the Commission in July.

Ohio Veterinary Medical Licensing Board Meeting

John Izzo attended the Ohio Veterinary Medical Licensing Board’s monthly meeting on June 11, 2014.  The Board reviewed responses from complaints that were received and reviewed compliance inspection reports.  The next Veterinary Board meeting is July 9, 2014.  

Nursing Board Update - What you need to know about the harsher sanctions

The Ohio Board of Nursing met on May 15-16, 2014.  The Board voted to approve Consent Agreements to resolve the charges pending against numerous nursing clients of Graff & McGovern.  Most of those Consent Agreements were hard fought and took 4-6 months to negotiate the reasonable outcomes.   In some of the Immediate Suspension cases, the Board’s staff worked hard to try to have Consent Agreement ready for vote by the full Board within 2 months of the issuance of the charges.  The Board also deliberated upon numerous Reports and Recommendations to resolve charges against nursing clients of Graff & McGovern whose cases went to hearing instead of having the charges resolved through a Consent Agreement. 

Given that the Board has now completed 3 of its 6 Board Meetings for 2014, I believe it is fair to conclude that a firm pattern is in place whereby the Board is imposing harsher sanctions than in years past.  That has been the case both when charges are resolved through a Consent Agreements and  when charges are resolved through Adjudication Orders.  Furthermore, slightly less than half of my nursing clients who elected to take their cases to hearing  received a more lenient sanction compared to what they were being offered through proposed Consent Agreement. 

At the May 2014 Board Meeting, the Board also voted to issue a Notice of Opportunity for Hearing to 99 nurses.  Those Notices were 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.

As we move into the second half of the 2014 Board Meeting calendar, I am convinced that this version of the Board is stricter than any version of the Board that I have seen since I started representing nurses in 1999.  The proof is in the relatively harsh Consent Agreements and Adjudication Orders adopted by the Board during 2013 and 2014, along with the increased reluctance of the Board to settle cases using terms and conditions that were common prior to 2013.  Therefore, nurses who are being investigated by the Ohio Board of Nursing and/or who are facing pending disciplinary charges brought by the Board must be prepared to fight for fair and reasonable settlement terms.  Regardless of their efforts, some of those nurses may eventually find themselves in a position where they are forced to either accept the harsher settlement terms being insisted upon by the Board’s Secretary or take their case to hearing so that the full Board can consider the defense and/or mitigation evidence being presented.

For nurses who are being investigated by the Ohio Board of Nursing and/or who face pending disciplinary charges by the Board, this means you will be engaged in a struggle with the Board to obtain the most lenient sanction possible through a Consent Agreement and you may be forced to take your case to hearing to try to obtain a better outcome than is being offered through Consent Agreement.  To make it through that struggle and obtain a positive outcome for your nursing license, you will need to know who to communicate with, who to avoid communicating, what information to share and how to leverage positive facts in presenting your defense to the Board.   You will also need to be patient in negotiating the terms of a Consent Agreement with the Board, since the Board’s first offer is usually not its best offer.  Finally, you need to be willing, if necessary, to take your case to hearing if the Board is being unreasonable in negotiating a Consent Agreement. 

Ohio Veterinary Medical Licensing Board Update

John Izzo attended the Ohio Veterinary Medical Licensing Board meeting on Wednesday, May 14, 2014.  A member of the public addressed the Board on Senate Bill 217, which would drastically change the way the Board conducts business.  Complainants would have to  meet face to face with the Board, and random unannounced inspections would be conducted on all places of veterinary businesses in Ohio at least once every five years.  Although the Bill calls for a $200 fee for the inspection, the proposed process and the personnel needed to be added (for the Board to comply with the Bill in regards to both inspections and face to face meetings) appears to be an unfunded mandate.  The Board reiterated it is attempting to improve its current practices, but the rules process takes time and it is limited as to what it can accomplish because of the costs associated with regulation.  The Board agrees that there is more regulation to be done and continues to work out how that can be accomplished. 

Nurses Still Face Strict Board; March Board Update and Keys to Saving Your License

The Ohio Board of Nursing met on March 19-21, 2014.  The Board voted to approve Consent Agreements to resolve the charges pending against numerous nursing clients of Graff & McGovern.  Most of those Consent Agreements were hard fought and took 3-6 months to negotiate the reasonable outcomes.   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 most of those cases stuck with the recent trend of imposing harsher sanctions than in years past and illustrated the fact that the Board is not obligated to follow the Hearing Examiner’s Recommendations. 

At the March 2014 Board Meeting, the Board also voted to issue a Notice of Opportunity for Hearing to 99 nurses.  Those Notices were 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.

As we move past the second Nursing Board Meeting for 2014, I feel very confident in stating that this version of the Board is stricter than any version of the Board that I have seen since I started representing nurses in 1999.  The proof is in the relatively harsh Consent Agreements and Adjudication Orders adopted by the Board during 2013 and early 2014, along with the increased reluctance of the Board to settle cases using terms and conditions that were common prior to 2013.  Therefore, nurses who are being investigated by the Ohio Board of Nursing and/or who are facing pending disciplinary charges brought by the Board must be prepared to fight for fair and reasonable settlement terms.  However, those nurses may eventually find themselves in a position where they are forced to either accept the harsher settlement terms being insisted upon by the Board’s Secretary or take their case to hearing so that the full Board can consider the defense and/or mitigation evidence being presented.

For nurses who are being investigated by the Ohio Board of Nursing and/or who face pending disciplinary charges by the Board, this means you will be engaged in a struggle with the Board to obtain the most lenient sanction possible through a Consent Agreement and you may be forced to take your case to hearing to try to obtain a better outcome than is being offered through Consent Agreement.  To make it through that struggle and obtain a positive outcome for your nursing license, you will need to know who to communicate with, who to avoid communicating with and how to leverage positive facts in presenting your defense to the Board.   You will also need to be patient in negotiating the terms of a Consent Agreement with the Board, since the Board’s first offer is usually not its best offer.  Finally, you need to be willing, if necessary, to take your case to hearing if the Board is being unreasonable in negotiating a Consent Agreement. 

Ohio Veterinary Medical Licensing Board Meeting

John Izzo attended the monthly meeting for the Ohio Veterinary Medical Licensing Board on March 12, 2013.  Roger Redman, D.V.M., was reappointed to the Board.  Jack Advent, Executive Director of the Ohio Veterinary Medicine, talked to the Board Members about bills pending in the legislature that affect veterinarians.  The Board also discussed a letter it received inquiring about veterinary consultations.

A veterinary consultant is a veterinarian who is not licensed in this state and who provides advice and counsel to a requesting veterinarian licensed in this state in regard to the treatment, diagnosis, or health care of an animal or animals in a specific case.  The Veterinary Practice Act does not apply to veterinary consultants when consulting with a licensed veterinarian, on the condition that the service performed by the veterinary consultant is limited to the consultation and under all circumstances, the responsibility for the care and treatment of the patient remains with the veterinarian who holds a current license in this state and who is providing treatment, or consultation as to treatment, to the patient.  A veterinary consultant may apply for a temporary license.  Under any circumstances, when using the services of a veterinary consultant, the responsibility for the care and treatment of the patient remains with the veterinarian who holds a current license in this state and who is providing treatment, or consultation as to treatment, to the patient.

The Board was concerned about someone providing on-site consultation, yet not being a licensed veterinarian in the state.  Rule 4741-2-03(C)(2) deals with limited licenses, and states in part that “On-site consultation outside the institution is prohibited.”  However, a similar provision was not found anywhere else in the law.  The Board may be pursing rules to clarify their position.

Ohio Nurses Face Strict Board – Keys to Saving Your License and January 2014 Meeting Update

As we enter 2014, nurses who are being investigated by the Ohio Board of Nursing and/or who are facing pending disciplinary charges brought by the Board must know that this version of the Board is stricter than any version of the Board I have seen since I started representing nurses in 1999.  The proof is in the relatively harsh Consent Agreements and Adjudication Orders adopted by the Board during 2013 and the increased reluctance of the Board to settle cases using terms and conditions that were common prior to 2013.  The proof is also in the fact that the Board currently takes more cases to hearing when nurses will not accept the harsher settlement terms that the Board has recently been insisting upon in its proposed Consent Agreements. 

Instead of having 1 full time Hearing Examiner and using 1-2 contract Hearing Examiner’s as needed, the Board now has 3 full time Hearing Examiner’s and consistently uses 3 contract Hearing Examiners in an attempt to keep up with what seems to be an ever increasing number of cases that go to hearing instead of settling through a Consent Agreement. 

What does this mean for nurses who are being investigated by the Ohio Board of Nursing and/or who face pending disciplinary charges by the Board?  Quite simply, you will be engaged in a struggle with the Board to obtain the most lenient sanction possible through a Consent Agreement and you may be forced to take your case to hearing to try to obtain a better outcome than is being offered through Consent Agreement.  To make it through that struggle and obtain a positive outcome for your nursing license, you will need to know who to communicate with, who to avoid communicating with and how to leverage positive facts in presenting your defense to the Board.   You will also need to be patient in negotiating the terms of a Consent Agreement with the Board (the Board’s first offer is not usually its best offer) and you will need to be willing, if necessary, to take your case to hearing if the Board is being unreasonable in negotiating a Consent Agreement. 

The Ohio Board of Nursing met on January 16-17, 2014.  The Board voted to approve Consent Agreements to resolve the charges pending against numerous nursing clients of Graff & McGovern.  Most of those Consent Agreements were hard fought and took 3-6 months to negotiate the reasonable outcomes.   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 stuck with the recent trend of imposing harsher sanctions than in years past and illustrated the fact that the Board is not obligated to follow the Hearing Examiner’s Recommendations. 

At the January 2014 Board Meeting, the Board also voted to issue a Notice of Opportunity for Hearing to 77 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.

State Medical Board of Ohio Update

The State Medical Board of Ohio begins 2014 with a new emphasis on cost savings and internal process improvement. Reduction of over-head was the resounding theme during the first Board meeting of the year held January 10, 2014. The results of Board efforts will first appear in reducing the time for many license applications. The new Expedited Licensure process applies to physicians currently licensed and actively practicing in another state. But the Board is also working to improve the renewal process for current licensees as well. Additional information regarding its licensure process is available at the Board’s website. (http://www.med.ohio.gov/practitioner.htm). 

Animal Law Committee Meeting

John Izzo attended the Ohio State Bar Association’s Animal Law Committee Meeting on January 17, 2014.  At the meeting, the Committee decided to ask the Bar Association to support HB 243.  HB 243 is in the House Judiciary Committee.  It would require a child who is adjudicated a delinquent child for cruelty to a companion animal to undergo a psychological evaluation and, if recommended, counseling, to require the court to sentence other offenders who commit that offense to probation supervision, and to include the protection of companion animals in temporary protection orders, domestic violence protections orders, anti-stalking protection orders, and related protection orders.

Agriculture Law Committee Meeting

John Izzo attended the Ohio State Bar Association’s Agriculture Law Committee Meeting on January 17, 2014.  One of the discussions during the meeting was about an OSHA (Occupational Safety and Health Administration) inspection that took place at an Ohio farm.  Generally, farms that employ less than ten non-immediate family members are exempt from OSHA regulations.  However, there is an Opinion Letter from June 2011 that may give OSHA jurisdiction over farms that have grain storage facilities and have post-harvest activity with respect to grain.  A similar inspection may have occurred in Nebraska as well.  

Casino Commission Meeting

John A. Izzo attended the Casino Control Commission Meeting on January 15, 2014.  Staff presented fifteen new and/or rule changes to be filed.  This includes minimum licensure requirements, personal check cashing, and counterfeit chips.  Hollywood Casino Columbus, Hollywood Casino Toledo, and Horseshoe Casino Cincinnati had internal control amendments approved.  Three more individuals were placed on the involuntary exclusion list, raising the total number on that list to seven.

Standardbred Development Commission

Levi Tkach and John Izzo attended the Ohio Standardbred Development Commission meeting on January 14, 2014.  During the meeting there was a lot of discussion about the Ohio Harness Horsemen Association’s proposal for Ohio Breeder Awards.  The consensus of those present supports the creation and implementation of awards for qualifying Ohio breeders and a draft proposal was circulated for comment.  While the Ohio Racing Commission joined the consensus to move forward with breeder awards, Racing Commission Chairman Schmitz said that other breeders needed to be consulted. Chairman Schmitz further expressed doubts about get a formal proposal to the Ohio legislature this year.  

In other business, the 2014 budget and conditions for the 2014 program were  approved.  During discussion Stacey Cahill suggested changing all finals to nine horses, to give another horseman the opportunity to run for the big money.  Although the Commission approved increasing the number of horses in the 4-year old class to 9 in the championship race, Steve McCoy of the OHHA disagreed with adding a ninth horse to the 2-3 year old championship race and thought there needed to be more discussion.  By a 2 to 1 vote, there will now be nine horses in all finals.  Sixteen fairs have agreed to work with the OHHA regarding their circuits.  Three more fairs may agree by next week.

Thoroughbred Racing Advisory Committee Meeting

John Izzo attended the Ohio Thoroughbred Racing Advisory Committee Meeting held on January 8, 2014.  The Committee approved a budget for 2014.  It also approved a stakes schedule for 2014, with eight more stakes races than were run last year.  The stakes season begins April 5^th at Beulah Park and is expected to end December 20 at Mahoning Valley Race Course.  Purses range from $50,000 for most stakes to $150,000 for the Best of Ohio series to be run at Belterra Park in October.  Stallion registration is up but staff was still unable to tell Racing Commission Chairman Schmitz how many active broodmares are in Ohio.  Chairman Schmitz told the Committee to request $50,000 for promotions and they will get it.  The Committee needs to advertise its program.

 

John Izzo is a featured presenter at the upcoming Equine Law CLE on March 27.  Expand your practice to advise on horse related legal issues.  

Program Description

Learn the Unique Complexities of Equine Law

With the industry steadily growing, the need for solid equine related legal advice is growing as well. The horse business is full of specific contracts, agreements and liability concerns. Enhance your skills and expand your practice by learning how to handle these issues. Register today!

• Know what the best business entity formation strategy is for your clients.
• Learn how to draft solid equine contracts and agreements.
• Understand the ins and outs of stablemen's lien laws.
• Explore the various types of equine related insurance.
• Discover how to handle common equine related litigation matters.

Who Should Attend

This basic-to-intermediate level course is designed for attorneys. It may also benefit insurance professionals, paralegals and horse business professionals.

Course Content

1. Mastering the Horse Business Basics
2. Drafting Contracts and Agreements
3. Advising Your Client on Equine-Related Insurance
4. Legal Issues Related to Stables and Boarding
5. Equine Litigation and Recent Case Law
6. Ethics in Equine Law
7. Special Topics in Equine Law
8. Horse Racing in Ohio

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 *

* denotes specialty credits

JOHN IZZO is an attorney at Graff & McGovern LPA. He joined Graff & McGovern LPA in 2011, where his practice is focused on representing licensed individuals in the gaming industry in Ohio and representing clients before various licensing agencies, including the Racing Commission and Veterinary Medical Licensing Board. Mr. Izzo earned his undergraduate degree from the University of Illinois Urbana-Champaign in 1990 and his law degree from the University of Akron School of Law in 1993. He began his legal career with the Champaign County Child Support Enforcement Agency in Urbana, Ohio. Mr. Izzo then spent three years as an enforcement coordinator for the State Medical Board of Ohio. He spent the next three years as an assistant Ohio attorney general, during which he represented numerous agencies; including the Ohio State Racing Commission, the Ohio Veterinary Medical Licensing Board, the Motor Vehicle Salvage Dealer Licensing Board, the Bureau of Motor Vehicles, and the Division of Securities and Division of Financial Institutions at the Department of Commerce. After a short time as chief counsel for the Division of Financial Institutions, Mr. Izzo became the deputy director and legal counsel for the Ohio State Racing Commission, the agency that regulates horse racing in Ohio at seven commercial racetracks and over 60 county fairs. He is admitted to practice before the U.S. District Court for the Southern District of Ohio, the U.S. Court of Appeals for the Sixth Circuit, and all state courts in Ohio. Mr. Izzo is a member of the Ohio State Bar Association, and a member of the Administrative Law, Agricultural Law, Family Law and Juvenile Law committees.

Find out more in the link below.

http://www.nbi-sems.com/Details.aspx/Equine-Law/Live-Seminar/R-65178ER%7C?NavigationDataSource1=Rpp:20,Nra:pEventDate%2bpEventStartTime%2bCredit+Hours%2bpCreditRecordCreditHours%2bCredit_C2%2bpStandardPrice%2bSeminar+Location%2bScope+of+Content%2bpLocationCity%2bpDescription%2bpDivision%2bpProductId%2bpProductDescription%2bProductCode+(HIDDEN)%2bpAdditionalFormats%2bpEventId%2bpAltSpaceDesc%2bpEventIndicator,N:63943,Nf:pLocationLatLong%7cGCLT+41.39%2c-81.66+80

John Izzo attended the Ohio Veterinary Medical Licensing Board meeting on January 8, 2014.  The Board discussed the possibility of raising fees from $150 to $200 for veterinarians and from $30 to $45 for veterinary technicians.  This would give the Board in excess of $200,000 for ongoing programs.  The Board continued its discussion on the rules relating to Vaccination Clinics.  More changes were made to paragraph (A).  After over a half hour of discussion, the Board determined a vaccination clinic is a temporary clinic where a veterinarian performs vaccinations and/or immunizations against disease on multiple companion animals and where the veterinarian may diagnose and perform preventive procedures for heartworm and prevention and treatment of intestinal  parasites and fleas and ticks.  The next Board meeting will be in March.