No. 34279 (Amendment): Section R359-1-102. Definitions

(Amendment)

DAR File No.: 34279
Filed: 12/01/2010 08:46:38 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to expand the definition of "Unprofessional conduct" in response to repeated concerns raised by the public.

Summary of the rule or change:

The change expands the definition of "Unprofessional conduct" by unarmed combat licensees.

State statutory or constitutional authorization for this rule:

• Title 63C, Chapter 11

Anticipated cost or savings to:

the state budget:

"Unprofessional conduct" by unarmed combat licensees is prohibited under current statute and rule. This adds further clarification to the definition. It is possible that there would be costs associated with agency action under the disciplinary actions in response to any "unprofessional conduct", but they would be borne within the agency's existing budget.

local governments:

Local government will not be impacted by the change in the definition. Consequently, there will be no resulting cost or savings.

small businesses:

Unprofessional conduct by unarmed combat licensees is currently prohibited by state statute and rule. Small businesses will not be impacted by the change in the definition, unless they are unarmed combat licensees engaged in unprofessional conduct and face disciplinary action.

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

Unprofessional conduct by unarmed combat licensees is currently prohibited by state statute and rule. Individuals, partnerships, corporations, or associations will not be impacted by the change in the definition, unless they are unarmed combat licensees engaged in unprofessional conduct and face disciplinary action.

Compliance costs for affected persons:

There are no compliance costs to comply with the proposed rule. "Unprofessional conduct" is already prohibited by licensees.

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

The commission repeatedly receives reports from residents complaining about unprofessional conduct of licensees in the public arena. This proposed rule provides additional clarification for licensees and facilitates agency action in the event a licensee engages in "Unprofessional conduct".

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 [e-mail]

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

 

[DAR NOTE: After publication of this rule, the Division discovered that it had published the wrong rule text with this rule analysis. Please see the Editor's Note published in the January 1, 2011, issue of the Utah State Bulletin.]

 

RULE TEXT

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.

 

 

[DAR NOTE: After publication of this rule, the Division discovered that it had published the wrong rule text with this rule analysis. Please see the Editor's Note published in the January 1, 2011, issue of the Utah State Bulletin.]

 

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