Chapter 3772-12 Voluntary Exclusion and Compulsive and Problem Gambling Plan Compliance Procedures

3772-12-01 Scope and purpose of the Ohio voluntary exclusion program.

(A) The purpose of this chapter is to help curtail compulsive and problem gambling in the state of Ohio by combining the voluntary exclusion program operated by the casino control commission, created pursuant to section 3772.03 of the Revised Code, with the voluntary exclusion program operated by the lottery commission, created pursuant to section 3770.03 of the Revised Code. As used in this chapter, the combined voluntary exclusion programs shall be referred to as the "Ohio voluntary exclusion program" or "Ohio VEP." This chapter is to be read in tandem with Chapter 3770:2-8 of the Administrative Code.

(B) Participants in the Ohio VEP agree to exclude themselves from all casino facilities and all video lottery terminal facilities in the state of Ohio, collectively known as "excluded facilities." Except as described in rule 3772-12-07 of the Administrative Code, no person shall be able to voluntarily exclude themselves from solely either the casino facilities or the video lottery terminal facilities.

(C) Nothing in this chapter shall prohibit participants in the Ohio VEP from entering an excluded facility for the purpose of carrying out the duties of their employment. Any such individual must submit notification of their employment in accordance with the procedure described on a prescribed form.

Replaces: 3772-12-01

Effective: 3/1/2019
Five Year Review (FYR) Dates: 03/01/2024
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.01, 3772.18, 3772.03
Prior Effective Dates: 04/01/2012, 01/01/2017

3772-12-02 Application for Ohio voluntary exclusion.

(A) An application to participate in the Ohio VEP is available for completion at all Ohio casino facilities and video lottery terminal facilities. If an individual is unable to appear in person at any of these facilities to complete an application, the individual may contact staff from the lottery commission or the casino control commission during regular business hours to make alternative arrangements to complete the application.

(B) All applications to join the Ohio VEP must be completed in the presence of either commission's staff on a prescribed form. No application will be accepted if it was not completed in the presence of either commission's staff.

(C) As part of the request for voluntary exclusion, the individual must select the duration of their participation in the Ohio VEP. An individual may select any of the following time periods as a length of exclusion:

(1) A minimum of one year;

(2) A minimum of five years; or

(3) Lifetime, subject to paragraph (D) of rule 3772-12-05 of the Administrative Code.

(D) After receipt of a completed and unaltered application for the Ohio voluntary exclusion program, either commission's staff shall ensure the individual is:

(1) Voluntarily applying for exclusion;

(2) Fully informed of the consequences of participation in the Ohio VEP; and

(3) Able to confirm the information provided in the application.

(E) If, at any time while an individual is completing an application to join the Ohio VEP, they appear to be doing so involuntarily or while impaired, their application shall be rejected.

(F) After an individual's request for voluntary exclusion has been processed, delivery of written confirmation of their participation in the Ohio VEP will be attempted in the manner they requested on their application. Failure of delivery of the notification does not negate the individual's participation in the Ohio VEP.

Replaces: 3772-12-02

Effective: 3/1/2019
Five Year Review (FYR) Dates: 03/01/2024
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.01, 3772.18, 3772.03
Prior Effective Dates: 04/01/2012, 06/01/2014, 01/01/2017

3772-12-03 Responsibilities of voluntarily excluded individuals.

(A) Participants in the Ohio VEP agree to abide by all terms listed in the application for the Ohio voluntary exclusion program described in paragraph (B) of rule 3772-12-02 of the Administrative Code, including refraining from entering an excluded facility or otherwise participating or attempting to participate in any wagering activity offered at any of those facilities.

(B) Participants in the Ohio VEP who violate the terms of the VEP at a casino facility shall agree to surrender to the casino control commission any money or thing of value the individual has converted or attempted to convert into a wagering instrument for deposit in the state problem gambling and addictions fund.

(C) Participants in the Ohio VEP shall agree to forfeit all points or complimentaries earned by the individual on or before the date the individual completed their application for the Ohio voluntary exclusion program. However, if at the time the individual completed the application, the individual is owed a cash amount from an excluded facility, the individual still has the right to receive that amount from the facility, even after placement on the voluntary exclusion program. To the extent that complimentaries or points described above may be redeemed for cash under the facility's marketing program, the individual is entitled to receive that amount.

(D) A voluntarily excluded individual who violates the terms of the Ohio VEP by entering any of the excluded facilities may face charges for criminal trespass.

(E) The individual must remain a participant in the Ohio VEP for at least the minimum duration of their selected length of exclusion before they may request to be removed, subject to paragraph (D) rule 3772-12-05 of the Administrative Code.

(F) An Ohio VEP participant may always request to increase their length of exclusion.

Replaces: 3772-12-03

Effective: 3/1/2019
Five Year Review (FYR) Dates: 03/01/2024
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.01, 3772.18, 3772.03
Prior Effective Dates: 04/01/2012, 06/01/2014, 01/01/2017

3772-12-04 Responsibilities of excluded facilities.

(A) This rule shall only apply to excluded facilities under the jurisdiction of the casino control commission. Each excluded facility shall maintain a system for indicating whether an individual is in the Ohio VEP and shall have approved procedures to update the system with changes in the enrollment status of those individuals at least once every seven days.

(B) The excluded facility shall immediately notify commission staff if an Ohio VEP participant is found on the premises of the facility. Within seventy-two hours of the incident, the facility shall provide to the applicable commission, in writing, the following:

(1) The individual's name;

(2) The individual's date of birth;

(3) The circumstances of discovery of the individual's presence at the facility; and

(4) The individual's gaming activity, if any.

(C) Each excluded facility shall comply with the compulsive and problem gambling plan established under rule 3772-12-06 of the Administrative Code.

(D) Nothing in this chapter shall prohibit an excluded facility or its employees and agents from seeking payment of a debt from an Ohio VEP participant if the debt was accrued prior to their placement in the Ohio VEP.

Replaces: 3772-12-04

Effective: 3/1/2019
Five Year Review (FYR) Dates: 03/01/2024
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.01, 3772.18, 3772.03
Prior Effective Dates: 04/01/2012, 01/01/2017

3772-12-05 Removal from the Ohio voluntary exclusion program.

(A) A participant in the Ohio VEP is not automatically removed from the program at the end of the applicable exclusion period.

(B) Upon reaching the selected minimum length of voluntary exclusion, an individual may request removal from the Ohio VEP.

(C) An individual may be removed from the one-year or five-year exclusion by requesting and completing an unaltered application for removal.

(D) An individual may be removed from the lifetime exclusion, if the individual has:

(1) Remained in the Ohio VEP for at least five years;

(2) Completed the Ohio VEP education program on problem gambling awareness;

(3) Once the program described in paragraph (D)(2) of this rule is completed, undergo a problem gambling assessment with a medical or clinical professional qualified to treat gambling disorder. Such professional must have received problem gambling-specific training, undergone voluntary exclusion training offered by the state of Ohio at least once in the last twenty-four months, and include problem gambling in the scope of the professional's practice; and

(4) Requested and completed an unaltered application for removal.

Replaces: 3772-12-05

Effective: 3/1/2019
Five Year Review (FYR) Dates: 03/01/2024
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.01, 3772.18, 3772.03
Prior Effective Dates: 04/01/2012

3772-12-06 Compulsive and problem gambling plan.

(A) Each casino operator shall provide to the casino control commission a compulsive and problem gambling plan for approval. Each plan shall, at minimum, include the following:

(1) The goals of the plan and procedures and timetables to implement the plan;

(2) The identification of the position responsible for the implementation and maintenance of the plan;

(3) Policies and procedures, including the following:

(a) Procedures for compliance with the Ohio VEP including, at a minimum:

(i) Procedures preventing employees from permitting an individual in the Ohio VEP from entering the facility;

(ii) Procedures identifying and removing individuals in the Ohio VEP from the facility;

(iii) Procedures for preventing dissemination of any advertisement, promotion, or other direct marketing mailing fifteen days after the individual has been placed in the Ohio VEP;

(iv) Procedures for preventing an Ohio VEP participant from having access to credit or from receiving complimentary services, check-cashing services, junket participation, and other benefits;

(v) Procedures for ensuring the confidentiality of the identity and the information of the Ohio VEP participants; and

(vi) Any other procedure required by the commission, executive director, or designee thereof.

(b) The duties and responsibilities of the employees designated to implement or participate in the plan;

(c) The responsibility of patrons with respect to responsible gambling;

(d) Procedures to identify patrons and employees with suspected or known compulsive and problem gambling behavior, including procedures specific to loyalty and other rewards and marketing programs;

(e) Procedures for providing information to individuals regarding the Ohio VEP and community, public and private treatment services, gamblers anonymous programs, and similar treatment or addiction therapy programs designed to prevent, treat, or monitor compulsive and problem gamblers and to counsel family members, including for providing the information upon the request of a patron or employee;

(f) The provision of printed material to educate patrons and employees about compulsive and problem gambling and to inform them about the Ohio VEP and treatment services available to compulsive and problem gamblers and their families. The casino operator shall provide casino control commission staff examples of the materials to be used, including, brochures and other printed material and a description of how the material will be disseminated;

(g) Advertising and other marketing and outreach to educate the general public about the Ohio VEP and compulsive and problem gambling;

(h) An employee training program, including training materials to be utilized and a plan for periodic reinforcement training and a certification process established by the applicant to verify that each employee has completed the training required by the plan;

(i) Procedures to prevent underage gambling;

(j) Procedures to prevent patrons impaired by drugs or alcohol, or both, from gambling; and

(k) The plan for posting signs within the casino facility, containing information on gambling treatment and on the Ohio VEP, including examples of the language and graphics to be used on the signs;

(4) A list of community, public, and private treatment services, gamblers anonymous programs, and similar treatment or addiction therapy programs designed to prevent, treat, or monitor compulsive and problem gamblers and to counsel family members; and

(5) Any other information, documents, and policies and procedures that the casino control commission requires.

(B) Each casino operator shall submit quarterly updates and an annual report to the casino control commission of its adherence to the plans and goals submitted under this rule, including any information that the casino operator has received related to bankruptcy, divorce, crime, and attempted suicide related to gambling at a casino facility.

Replaces: 3772-12-06

Effective: 3/1/2019
Five Year Review (FYR) Dates: 03/01/2024
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.01, 3772.18, 3772.03
Prior Effective Dates: 04/01/2012, 01/01/2017

3772-12-07 Voluntary exclusions prior to the effective date of this rule.

(A) This rule applies only to those individuals who submitted their application to join the casino control commission's voluntary exclusion program prior to the effective date of this rule and have not yet sought removal from the program.

(B) These individuals may continue their participation and voluntary exclusion from the four casino facilities in the state of Ohio. The application for voluntary exclusion signed by the individual at the time of enrollment shall govern participation.

(C) These individuals may submit an application to join the Ohio VEP, pursuant to rule 3772-12-02 of the Administrative Code. The individual's selected length of exclusion on this application will supersede their previously selected length of exclusion and will expand to all excluded properties.

(D) Notwithstanding any rules to the contrary or the terms of the application to join the voluntary exclusion program prior to the effective date of this rule, those individuals who selected the lifetime exclusion are permitted to seek removal from the voluntary exclusion program if they comply with all of the requirements set forth in paragraph (D) of rule 3772-12-05 of the Administrative Code.

Effective: 3/1/2019
Five Year Review (FYR) Dates: 03/01/2024
Promulgated Under: 119.03
Statutory Authority: 3772.03
Rule Amplifies: 3772.01, 3772.18, 3772.03