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.