Governor, Economic Development, Pete Suazo Utah Athletic Commission

Section R359-1-506

Drug Tests

Notice of Proposed Rule

(Amendment)

DAR File No.: 34278
Filed: 12/01/2010 08:26:01 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed rule change will facilitate the commission's ability to ensure that athletes and participating unarmed combat licensees are not under the influence of alcohol, stimulants, or illicit drugs.

Summary of the rule or change:

The proposed rule change will permit the commission to test any active licensee participating in an unarmed contest or event for alcohol or illicit drugs. Also, updates the prohibited substances list for competing athletes to the 2011 World Anti-Doping Agency Prohibited List.

State statutory or constitutional authorization for this rule:

• Title 63C, Chapter 11

This rule or change incorporates by reference the following material:

• Updates Prohibited List, published by The World Anti-Doping Agency, 2011

Anticipated cost or savings to:

the state budget:

The anticipated cost to the state budget is minimal. The commission currently randomly tests athletes. The event promoter is responsible to reimburse the commission for the costs of these tests which is about $5 per test.

local governments:

There is no anticipated cost or savings to local government since these entities are not responsible for regulating unarmed combat and are not responsible for the costs associated with these tests.

small businesses:

There may be a small cost increase to unarmed combat promoters to cover additional testing, but is anticipated to be less than $50 per year.

persons other than small businesses, businesses, or local governmental entities:

The proposed rule change will not impact other entities so there is no other anticipated cost or savings.

Compliance costs for affected persons:

Promoters are already responsible to pay for the cost of testing unarmed combat contestants. This cost is usually between $10 and $20 per event. In the rare event another licensee is tested under the provisions of this proposed rule, it would increase the cost by $5 per test.

Comments by the department head on the fiscal impact the rule may have on businesses:

Current rules prohibit the consumption of drugs and alcohol by all unarmed combat licensees participating in an unarmed combat event. The proposed rule will facilitate the commission to enforce existing rules.

Richard Montanez, Chair

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Governor
Economic Development, Pete Suazo Utah Athletic Commission
324 S STATE ST
STE 500
SALT LAKE CITY, UT 84111

Direct questions regarding this rule to:

• Bill Colbert at the above address, by phone at 801-538-8876, by FAX at 801-538-8888, or by Internet E-mail at bcolbert@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/14/2011

This rule may become effective on:

01/21/2011

Authorized by:

Bill Colbert, Secretary, PSUAC

R359. Governor, Economic Development, Pete Suazo Utah Athletic Commission.

R359-1. Pete Suazo Utah Athletic Commission Act Rule.

R359-1-506. Drug Tests.

In accordance with Section 63C-11-317, the following shall apply to drug testing:

(1) The administration of or use of any:

(a) Alcohol;

(b) Illicit drug;

(c) Stimulant; or

([c]d) Drug or injection that has not been approved by the Commission, including, but not limited to, the drugs or injections listed R359-1-506 (2), in any part of the body, either before or during a contest or exhibition, to or by any unarmed combatant, is prohibited.

(2) The following types of drugs, injections or stimulants are prohibited for any unarmed combatant pursuant to R359-1-506 (1):

(a) Afrinol or any other product that is pharmaceutically similar to Afrinol.

(b) Co-Tylenol or any other product that is pharmaceutically similar to Co-Tylenol.

(c) A product containing an antihistamine and a decongestant.

(d) A decongestant other than a decongestant listed in R359-1-506 (4).

(e) Any over-the-counter drug for colds, coughs or sinuses other than those drugs listed in R359-1- 506 (4). This paragraph includes, but is not limited to, Ephedrine, Phenylpropanolamine, and Mahuang and derivatives of Mahuang.

(f) Any drug identified on the [2008]2011 edition of the Prohibited List published by the World Anti-Doping Agency, which is hereby incorporated by reference. The 2008 edition of the Prohibited List may be obtained, free of charge, at www.wada-ama.org.

(3) The following types of drugs or injections are not prohibited pursuant to R359-1-506 (1), but their use is discouraged by the Commission for any unarmed combatant:

(a) Aspirin and products containing aspirin.

(b) Nonsteroidal anti-inflammatories.

(4) The following types of drugs or injections are accepted by the Commission:

(a) Antacids, such as Maalox.

(b) Antibiotics, antifungals or antivirals that have been prescribed by a physician.

(c) Antidiarrheals, such as Imodium, Kaopectate or Pepto-Bismol.

(d) Antihistamines for colds or allergies, such as Bromphen, Brompheniramine, Chlorpheniramine Maleate, Chlor-Trimeton, Dimetane, Hismal, PBZ, Seldane, Tavist-1 or Teldrin.

(e) Antinauseants, such as Dramamine or Tigan.

(f) Antipyretics, such as Tylenol.

(g) Antitussives, such as Robitussin, if the antitussive does not contain codeine.

(h) Antiulcer products, such as Carafate, Pepcid, Reglan, Tagamet or Zantac.

(i) Asthma products in aerosol form, such as Brethine, Metaproterenol (Alupent) or Salbutamol (Albuterol, Proventil or Ventolin).

(j) Asthma products in oral form, such as Aminophylline, Cromolyn, Nasalide or Vanceril.

(k) Ear products, such as Auralgan, Cerumenex, Cortisporin, Debrox or Vosol.

(l) Hemorrhoid products, such as Anusol-HC, Preparation H or Nupercainal.

(m) Laxatives, such as Correctol, Doxidan, Dulcolax, Efferyllium, Ex-Lax, Metamucil, Modane or Milk of Magnesia.

(n) Nasal products, such as AYR Saline, HuMist Saline, Ocean or Salinex.

(o) The following decongestants:

(i) Afrin;

(ii) Oxymetazoline HCL Nasal Spray; or

(iii) Any other decongestant that is pharmaceutically similar to a decongestant listed in R359-1-506 (1)or (2).

(5) At the request of the Commission, the designated Commission member, or the ringside physician, a [contestant or assigned official]licensee shall submit to a test of body fluids to determine the presence of drugs. A [contestant]licensee shall[must] give an adequate sample or it will deem to be a denial. The promoter shall be responsible for any costs of testing.

(6) If the test results in a finding of the presence of a drug or if the [contestant or assigned official]licensee is unable or unwilling to provide a sample of body fluids for such a test, the Commission may take one or more of the following actions:

(a) immediately suspend the [contestant's or assigned official's]licensee's license in accordance with Section R359-1-403;

(b) stop the contest in accordance with Subsection 63C-11-316(2);

(c) initiate other appropriate licensure action in accordance with Section 63C-11-310; or

(d) withhold the contestant's purse in accordance with Subsection 63C-11-321.

(7) A contestant who is disciplined pursuant to the provisions of this Rule and who was the winner of a contest shall be disqualified and the decision of the contest shall be changed to "no contest."

(8) Unless the commission [licensing an event requires]determines otherwise at a scheduled meeting, a [contestant]licensee who tests positive for illegal drugs shall be penalized as follows:

(a) First offense - 180 day suspension.

(b) Second offense - 1 year suspension, and mandatory completion of a supervisory treatment program approved by the commission that licensed the event.

(c) Third offense - 2 year suspension, and mandatory completion of a supervisory treatment program approved by the commission that licensed the event.

 

KEY: licensing, boxing, unarmed combat, white-collar contests

Date of Enactment or Last Substantive Amendment: [October 1, 2010]2011

Notice of Continuation: May 10, 2007

Authorizing, and Implemented or Interpreted Law: 63C-11-101 et seq.