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Pennsylvania Code



CHAPTER 814. COMPULSIVE AND PROBLEM GAMBLING REQUIREMENTS—TEMPORARY REGULATIONS

Sec.


814.1.    General requirements.
814.2.    Responsible gaming self-limits.
814.3.    Compulsive and problem gambling plan.
814.4.    Employee training program.
814.5.    Reports.
814.6.    Website requirements.

Authority

   The temporary provisions of this Chpater 814 issued under 4 Pa.C.S. § §  1202(b)(30) and 13B03(b), unless otherwise noted.

Source

   The temporary provisions of this Chapter 814 adopted May 4, 2018, effective May 5, 2018, expire May 5, 2020, 48 Pa.B. 2631, unless otherwise noted.

Cross References

   This chapter cited in 58 Pa. Code §  830.10 (relating to compulsive and problem gaming; self-exclusion).

§ 814.1. General requirements.

 (a)  Interactive gaming shall only be engaged in by registered players who have established an interactive gaming account for interactive gaming.

 (b)  The message ‘‘IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP IS AVAILABLE, CALL 1-800-GAMBLER,’’ or comparable language approved the Board, must be prominently displayed to a person visiting or logging onto and logging off of the interactive gaming certificate holder or interactive gaming operator licensee’s interactive gaming skin.

 (c)  When a registered player logs on to an interactive gaming system, the system must display the date and time of the registered player’s previous log on.

 (d)  If a registered player has suspended his account, an interactive gaming certificate holder or interactive gaming operator licensee may not send gaming-related electronic or direct postal mail to that player while the account is suspended.

 (e)  Software utilized for interactive gaming must display the all of following information, in addition to the minimum display standards in this subpart:

   (1)  The current time in the time zone where the registered player is physically located and the time elapsed while in the current registered player session.

   (2)  Cause a pop-up notification, at least every hour, to be prominently displayed on the interactive gaming device advising the registered player of the amount of time elapsed since his log on, and the amount of money wagered since his log on.

   (3)  Offer the registered player the option to select a pop-notification, in 15-minute and 30-minute increments, advising the registered player of the amount of money wagered since his log on.

   (4)  Offer the option to activate self-imposed limits during the player account registration process.

 (f)  An interactive gaming certificate holder or interactive gaming operator licensee offering interactive gaming shall have a dedicated employee responsible for notifying the Board upon detecting a person participating in interactive gaming who is required to be excluded under Board regulations or any person who is otherwise prohibited from engaging in interactive gaming. This employee shall be licensed as a key employee.

 (g)  All terms and conditions for interactive gaming must be included as an appendix to the internal controls or, when specified, as part of the interactive gaming compulsive and problem gambling plan of the interactive gaming certificate holder or interactive gaming operator licensee addressing all aspects of the operation, including all of the following:

   (1)  Registered player’s right to set responsible gaming limits and to self-exclude.

   (2)  Registered player’s right to suspend his account for any selected period of time.

   (3)  Information to be displayed on a registered player protection page, which shall be accessible to a registered player during a registered player session. The registered player protection page must contain, at a minimum, all of the following:

     (i)   A prominent message, which states ‘‘If you or someone you know has a gambling problem, help is available. Call 1-800-Gambler’’ in a size and font as approved the Director of the Office of Compulsive and Problem Gaming (OCPG).

     (ii)   A direct link to all of the following:

       (A)   The Council on Compulsive Gambling of Pennsylvania’s web site.

       (B)   The Department of Drug and Alcohol Programs’ (or successor agency) gambling addiction participating provider list webpage.

       (C)   The OCPG webpage.

     (iii)   All of the following responsible gaming information that shall be approved by the Board’s Director of the OCPG:

       (A)   A clear statement of the interactive gaming certificate holder or interactive gaming operator licensee’s policy and commitment to responsible gaming.

       (B)   Informational documents, which shall be reviewed and updated annually by the interactive gaming certificate holder or interactive gaming operator licensee, regarding all of the following subjects, or a direct link to information regarding all of the following subjects, if available, from an organization based in this Commonwealth or the United States dedicated to helping people with potential gambling disorders and labeled as:

         (I)   Rules of responsible gambling.

         (II)   Myths about gambling.

         (III)   Risks associated with gambling.

         (IV)   Signs and symptoms of gambling disorders.

         (V)   The Board’s self-exclusion brochure.

       (C)   Rules governing self-imposed responsible gaming limits, including all of the following:

         (I)   List of each type of self-imposed limit.

         (II)   How to enroll in each type of self-imposed limit.

     (iv)   The following statement: ‘‘A person who has enrolled in interactive gaming self-exclusion or has otherwise been excluded from interactive gaming activities, and individuals who are under the age of 21, shall not participate in interactive gaming or interactive gaming activities and will have their winnings forfeited and interactive gaming accounts suspended upon violation.’’ The text and font size of the notices shall be submitted for approval to the Director of the OCPG.

 (h)  An interactive gaming system must comport with all requirements regarding player accounts in Chapter 812 (relating to interactive gaming player accounts—temporary regulations).

§ 814.2. Responsible gaming self-limits.

 An interactive gaming system must be capable of allowing a registered player to establish the following responsible gaming limits. Any decrease to these limits may not be effective later than the registered player’s next login. Any increase to these limits must become effective only after the time period of the previous limit has expired and the registered player reaffirms the requested increase:

   (1)  A deposit limit must be offered on a daily, weekly and monthly basis and must specify the maximum amount of money a registered player may deposit into his interactive gaming account during a particular period of time.

   (2)  A limit on the amount of money lost within a daily, weekly and monthly basis must be offered. The registered player shall be unable to participate in gaming for the remainder of the time selected if the registered player reaches the loss limit.

   (3)  A limit on the maximum amount of any single wager on any interactive game.

   (4)  A time-based limit must be offered on a daily basis and must specify the maximum amount of time, measured hourly from the registered player’s login to log off, a registered player may spend engaging in interactive gaming, provided that if the time-based limit is reached a registered player is permitted to complete any round of play, or active or prepaid tournament.

   (5)  A temporary suspension of interactive gaming through the interactive gaming account must be offered for any number of hours or days, as selected by the registered player.

   (6)  The interactive gaming certificate holder or interactive gaming operator licensee shall provide a mechanism by which a registered player may change the controls of paragraphs (1)—(5). Notwithstanding any other provision in this section, the registered player may not change gaming controls while an interactive gaming account is suspended. The registered player shall continue to have access to the interactive gaming account and shall be permitted to withdraw funds from the account upon proper application for the funds to the interactive gaming certificate holder or interactive gaming operator licensee.

§ 814.3. Compulsive and problem gambling plan.

 (a)  An interactive gaming certificate or interactive gaming operator applicant shall submit a compulsive and problem gambling plan for review at the time of submission of the application that conforms with §  501a.2 (relating to compulsive and problem gambling plan).

 (b)  In addition to the requirements in §  501a.2, an interactive gaming certificate holder’s or interactive gaming operator applicant’s compulsive and problem gambling plan must include all of the following:

   (1)  The goals of the plan.

   (2)  The identification of the individual who will be responsible for the implementation and maintenance of the plan.

   (3)  Policies and procedures including all of the following:

     (i)   The commitment of the interactive gaming certificate holder or interactive gaming operator licensee to train appropriate employees.

     (ii)   The duties and responsibilities of the employees designated to implement or participate in the plan, including the dedicated employee who is responsible for ensuring the operation and integrity of interactive gaming and reviewing all reports of suspicious behavior.

     (iii)   The responsibility of registered players with respect to responsible gambling.

     (iv)   Procedures to identify registered players and employees with suspected or known compulsive and problem gambling behavior.

     (v)   Procedures for prominently posting the message ‘‘IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP IS AVAILABLE, CALL 1-800-GAMBLER,’’ or comparable language approved by the Board, on all interactive gaming sites and displaying the message to a person visiting or logging onto and logging off the interactive gaming certificate holder or interactive gaming operator licensee’s interactive gaming skin or interactive gaming web site.

     (vi)   Procedures on displaying the date and time of the registered player’s previous log on each time that registered player logs on to his interactive gaming account.

     (vii)   Procedures for preventing an underage person or a person on the interactive gaming self-exclusion list from being mailed any advertisement, promotion or other target mailing, including those sent electronically, no later than 5 business days after receiving notice from the Board that the person has been placed on the interactive gaming self-exclusion list.

     (viii)   A policy and procedures for the display of the time in the time zone where the registered player is physically located and the time elapsed while in the current registered player session and the cause of a pop-up notification, at least every hour, to be prominently displayed on the interactive gaming device advising the registered player of the amount of money wagered since his log on.

     (ix)   Procedures for offering registered players the option to select a pop-up notification in 15-minute and 30-minute increments advising the registered player of the amount of money wagered since his log on.

     (x)   Procedures for reviewing, updating and posting information on the interactive gaming certificate holder or interactive gaming operator licensee’s web site regarding gambling addiction treatment services, gamblers anonymous programs, compulsive gambling organizations and informational documents on all of the following:

       (A)   Rules of responsible gambling.

       (B)   Myths about gambling.

       (C)   Risks associated with gambling.

       (D)   Signs and symptoms of gambling disorders.

       (E)   Randomness of play.

     (xi)   Procedures for posting links to all of the following organizations’ web sites on the interactive gaming certificate holder/operator licensee’s web site:

       (A)   The Council on Compulsive Gambling of Pennsylvania.

       (B)   The National Council on Problem Gambling.

       (C)   The Department of Drug and Alcohol Programs’ (or successor agency) gambling addiction participating provider list.

       (D)   Gamblers Anonymous of PA.

       (E)   Gam-Anon of PA.

       (F)   The Board’s Office of Compulsive and Problem Gambling.

       (G)   A Pennsylvania or United States suicide prevention organization’s webpage and telephone number.

     (xii)   Procedures for responding to patron requests for information regarding gambling addiction treatment services, gamblers anonymous programs, compulsive gambling organizations, and other and informational documents.

       (A)   The interactive gaming certificate holder or interactive gaming operator licensee shall provide examples of the materials to be used as part of its plan, including the problem gambling helpline number and message, informational documents and other posted material, including all of the following

         (I)   Rules of responsible gambling.

         (II)   Myths about gambling.

         (III)   Risks associated with gambling.

         (IV)   Signs and symptoms of gambling disorders.

         (V)   Randomness of play.

         (VI)   Self-exclusion brochure.

   (4)  Policies and procedures on the governing of self-imposed limits and suspension.

   (5)  An employee training program as required under this chapter, including training materials to be utilized and a plan for annual reinforcement training.

   (6)  A certification process established by the interactive gaming certificate holder or interactive gaming operator licensee to verify that each employee has completed the training required by the plan.

   (7)  An estimation of the cost of development, implementation and administration of the plan.

   (8)  Procedures to prevent underage gambling as required under §  513a.3(b) (relating to responsibilities of licensees, permittees, registrants and certification holders).

   (9)  Procedures to prevent excluded persons from gambling.

   (10)  Procedures to monitor all interactive gaming sites for suspicious activity including those who are:

     (i)   Engaging in or attempting to engage in, or who are reasonably suspected of, cheating, theft, embezzlement, collusion, money laundering or any other illegal activities.

     (ii)   Required to be excluded under Board regulations.

     (iii)   Prohibited by the interactive gaming certificate holder or interactive operator licensee from interactive gaming.

   (11)  Procedures on the reporting of those who may have or have a known gambling disorder.

   (12)  Details of outreach programs which the interactive gaming certificate holder or interactive gaming operator licensee intends to offer to employees and individuals who are not employees of the interactive gaming certificate holder or interactive gaming operator licensee.

   (13)  The plan for posting the statement ‘‘If you or someone you know has a gambling problem, help is available. Call 1-800-GAMBLER’’ on the interactive gaming certificate holder’s or interactive gaming operator licensee’s webpage and each skin.

 (c)  The compulsive and problem gambling plan of an applicant for an interactive gaming certificate or interactive gaming operator license that has been approved to receive an interactive gaming certificate or interactive gaming operator license shall be approved by the Director of the Office of Compulsive and Problem Gaming (OCPG). An applicant for an interactive gaming certificate or interactive gaming operator license who has been approved to receive an interactive gaming certificate or interactive gaming operator license will be notified in writing of any deficiencies in the plan and may submit revisions to the plan to the Director of the OCPG. An interactive gaming certificate holder or interactive gaming operator licensee may not commence operations until the Director of the OCPG approves the plan.

 (d)  Compliance with the plan approved under this chapter will be a condition of interactive gaming certificate or interactive gaming operator license renewal.

 (e)  An interactive gaming certificate holder or interactive gaming operator licensee shall submit any other policies and procedures intended to be used beyond what is required under subsection (d) to prevent and raise awareness of gambling disorders.

 (f)  An interactive gaming certificate holder or interactive gaming operator licensee shall submit amendments to the compulsive and problem gambling plan to the Director of the OCPG for review and approval at least 30 days prior to the intended implementation date of the amendments. The interactive gaming certificate holder or interactive gaming operator licensee may implement the amendments on the 30th calendar day following the filing the amendments unless the interactive gaming certificate holder or interactive gaming operator licensee receives a notice under subsection (h) objecting to the amendments.

 (g)  If during the 30-day review period the Director of the OCPG determines that the amendments may not promote the prevention of compulsive and problem gambling or assist in the proper administration of responsible gaming programs, the Director of the OCPG may, by written notice to the interactive gaming certificate holder or interactive gaming operator licensee, object to the amendments. The objection will:

   (1)  Specify the nature of the objection and, when possible, an acceptable alternative.

   (2)  Direct that the amendments not be implemented until approved by the Director of the OCPG.

 (h)  When amendments have been objected to under subsection (h), the interactive gaming certificate holder or interactive gaming operator licensee may submit revised amendments for review in accordance with subsections (g) and (h).

§ 814.4. Employee training program.

 (a)  The annual employee training program required under this chapter must include instruction on all of the following:

   (1)  Characteristics and symptoms of compulsive behavior, including compulsive and problem gambling.

   (2)  The relationship of gambling disorders to other addictive behavior.

   (3)  The social and economic consequences of a gambling disorder, including debt, treatment costs, suicide, criminal behavior, unemployment and domestic issues.

   (4)  Techniques to be used when a gambling disorder is suspected or identified.

   (5)  Techniques to be used to discuss a gambling disorder with registered players and advise registered players to contact 1-800-GAMBLER to receive information regarding community, public and private treatment services.

   (6)  Procedures for suspending an interactive gaming account belonging to an underage individual or a person on the interactive gaming self-exclusion list, if necessary, procedures that include obtaining the assistance of appropriate law enforcement personnel.

   (7)  Procedures for preventing an excluded person or a person on the interactive gaming self-exclusion list from being mailed any advertisement, promotion or other target mailing no later than 5 business days after receiving notice from the Board that the person has been placed on the interactive gaming self-exclusion list.

   (8)  Procedures for preventing an individual under 21 years of age from receiving any advertisement, promotion or other target mailing.

   (9)  Procedures to prevent an individual under 21 years of age or a person on the interactive gaming self-exclusion list from having access to or from receiving complimentary services, or other like benefits.

 (b)  Training and training materials shall be updated annually and include current research and information on responsible and problem gambling.

 (c)  As part of each employee’s orientation, and prior to the start of their job duties, responsible and problem gambling training for employees shall be conducted by a person with specialized knowledge, skill, training and experience in responsible gaming employee training programs as part of the employee’s orientation. If an online training program is utilized, the training shall be created and maintained by a person with specialized knowledge, skill, training and experience in responsible gaming employee training programs.

 (d)  Employees who have received training shall be certified by the interactive gaming certificate holder or interactive gaming operator licensee under this chapter upon completion of the training.

 (e)  Employees are required to receive periodic reinforcement training at least once every calendar year starting with the year following the year in which the employee was hired. The date of the reinforcement training shall be recorded in each employee’s personnel file.

 (f)  Employees shall report persons with a suspected or identified gambling disorder to a designated key employee or other supervisory employee.

 (g)  The identity of an individual with suspected or known problem gambling behavior must be confidential except as provided under Board regulations regarding interactive gaming self-exclusion list and section 1516(d) of the act (relating to list of persons self excluded from gaming activities).

 (h)  An interactive gaming certificate holder or interactive gaming operator licensee may collaborate with a person with specialized knowledge, skill, training and experience in responsible gaming employee training programs to develop an in-house or Internet-based employee training program to provide the training and reinforcement training required under this chapter.

 (i)  Policies or procedures, or both, that interactive gaming certificate holder or interactive gaming operator licensees may enact that are more stringent than those listed in these regulations, including stricter rules for those who sign up for a self-exclusion list.

§ 814.5. Reports.

 (a)  An interactive gaming certificate holder or interactive gaming operator licensee shall submit to the Director of the Office of Compulsive and Problem Gaming (OCPG) an annual summary of its compulsive and problem gambling program by the last business day of July.

 (b)  The annual summary must contain, at a minimum, detailed information regarding all of the following:

   (1)  Employee training, including all of the following:

     (i)   The dates of new hires and annual reinforcement compulsive gambling training.

     (ii)   The individual or group who conducted the training.

     (iii)   The number of employees who completed the new hire compulsive gambling training.

     (iv)   The number of employees who completed the annual reinforcement compulsive gambling training.

   (2)  The amount spent on the Compulsive and Problem Gambling Plan for all of the following:

     (i)   Employee training.

     (ii)   Outreach including community training and sponsorships.

   (3)  Additional information including all of the following:

     (i)   The number of underage individuals who were denied interactive gaming access.

     (ii)   The number of self-excluded individuals who were denied interactive gaming access.

     (iii)   A summary of any community outreach conducted by the certificate holder/operator licensee.

§ 814.6. Website requirements.

 Under section 1509(c) of the act (relating to compulsive and problem gambling program), each interactive gaming certificate holder/operator licensee shall cause the words ‘‘IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, HELP IS AVAILABLE, CALL 1-800-GAMBLER’’ or comparable language approved by the Board, which must include the words ‘‘gambling problem’’ and ‘‘call 1-800-GAMBLER’’ to be prominently displayed to a person visiting or logging onto the interactive gaming certificate holder or interactive gaming operator licensee’s interactive gaming skin or interactive gaming web site.



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