No. 36130 (Amendment): Section R359-1-506. Drug Tests

(Amendment)

DAR File No.: 36130
Filed: 04/30/2012 07:59:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to update the section to reference the 2012 version of the World Anti-Doping Agency (WADA) list, to add the procedure for commission to consider Therapeutic Use Exemptions (TUEs), and to make administrative textual changes.

Summary of the rule or change:

Updates rule to reference the 2012 version of the World Anti-Doping Agency (WADA) list, adds the procedure for commission to consider Therapeutic Use Exemptions (TUEs) for unarmed combat contestants, and makes administrative textual changes.

State statutory or constitutional authorization for this rule:

• Title 63C, Chapter 11

This rule or change incorporates by reference the following material:

• Updates The World Anti-Doping Code - The 2012 Prohibited List - International Standard, published by World Anti-Doping Agency, 08/24/2011

Anticipated cost or savings to:

the state budget:

The proposed change will not result in any aggregate anticipated cost or savings to the state budget. The proposed changes can be accommodated within the existing commission staffing and budget.

local governments:

The proposed change will not result in any aggregate anticipated cost or savings to local governments. Local governments do not regulate unarmed combat other than through issuance of business licenses and permits. This proposed change provides additional guidance on drug testing policy and issuance of TUEs.

small businesses:

The proposed change will not result in any aggregate anticipated cost or savings to small businesses since they are not impacted by the commission's drug testing policy or issuance of TUEs.

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

Unarmed combat contestants are currently prohibited from using drugs, performance enhancing measures, and substances contained on the 2011 WADA Prohibited List. Currently, there is no provision for the issuance of therapeutic use exemptions (TUEs) for athletes who may require them for medical reasons. The proposed amendment would establish a policy and procedure for obtaining a TUE for qualified applicants. This process may be costly and may exceed $1,000, but will vary depending on whether or not they have personal insurance and the specific TUE they request. However, currently there is no procedure in place for the commission to grant a TUE for an unarmed contestant and the use of substances listed on the WADA prohibited list would prevent them from legally participating in unarmed combat sports.

Compliance costs for affected persons:

Unarmed combat contestants seeking a TUE would have to pay the full costs of any required medical tests, blood and/or urine compliance testing, and costs to prepare and review their respective TUE application. This process may be costly and may exceed $1,000, but will vary depending on whether or not they have personal insurance and the specific TUE they request. However, currently there is no procedure in place for the commission to grant a TUE for an unarmed contestant and the use of substances listed on the WADA prohibited list would prevent them from legally participating in unarmed combat sports.

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

Unarmed combat contestants are currently prohibited from using drugs, performance enhancing measures, and substances contained on the 2011 WADA Prohibited List. Currently, there is no provision for the issuance of therapeutic use exemptions (TUEs) for athletes who may require them for medical reasons. The proposed amendment would establish a policy and procedure for obtaining a TUE for qualified applicants. The proposed change may impact a few unarmed combat contestants, but will have no impact on businesses.

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
60 E SOUTH TEMPLE
THIRD FLOOR
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:

06/14/2012

This rule may become effective on:

06/26/2012

Authorized by:

Bill Colbert, Director

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]Testing.

In accordance with Section 63C-11-[317]309, the following shall apply to drug testing:

(1) The administration of or use of any:

(a) Alcohol;

(b) Illicit drug;

(c) Stimulant; or

(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 or substance identified on the [2011]2012 edition of the Prohibited List published by the World Anti-Doping Agency, which is hereby incorporated by reference. The [2008]2012 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 licensee shall submit to a test of body fluids to determine the presence of drugs or other prohibited substances. A licensee shall 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]prohibited substance or metabolite or if the licensee is unable or unwilling to provide a sample of body fluids for such a test within 60 minutes of notification, the Commission may take one or more of the following actions:

(a) immediately suspend the 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]303; or

(d) withhold the contestant's purse in accordance with Subsection 63C-11-[321]303.

(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[.]" and shall be fined a minimum of their win bonus.

(8) Unless the commission determines otherwise at a scheduled meeting, a licensee who tests positive for [illegal drugs]prohibited substances or their metabolites 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.

(d) Failure by the contestant to fully disclose all medications taken within 30 days of their pre-fight physical, prior to their bout, shall be deemed unprofessional conduct and double the length of any applicable suspension.

(10) Therapeutic Use Exemptions (TUEs).

(a) An applicant or licensee who believes he or she has a therapeutic reason to use a substance described in R359-1-506(2) may request a Therapeutic Use Exemption (TUE) to permit continued use of that substance. Such a request may only be granted by the commission itself after a public hearing. The applicant or licensee shall submit the request in writing to the commission. The request shall be accompanied by supporting medical information sufficient to allow the commission to determine whether to grant their request. In reaching its decision, the commission will, at a minimum, determine whether all of the following criteria have been met:

(i) The applicant or licensee would experience a significant impairment to health if the prohibited substance were to be withheld in the course of treating an acute or chronic medical condition;

(ii) The therapeutic use of the prohibited substance would produce no additional enhancement of performance other than that which might be anticipated by a return to a state of normal health following the treatment of a legitimate medical condition;

(iii) The Use of any Prohibited Substance or Prohibited Method to increase "low-normal" levels of any endogenous hormone is not considered an acceptable Therapeutic intervention;

(iv) Either reasonable therapeutic alternatives to the use of the otherwise prohibited substance have been tried or no reasonable alternative exists; and

(v) The necessity for the use of the otherwise prohibited substance is not a consequence, wholly or in part, of a prior non-therapeutic use of any substance described in R359-1-506(2) .

(b) The commission may, in its sole discretion, either grant or deny the request or refer the request to the Voluntary Anti-Doping Association (VADA) or similar evaluating body for a recommendation. The evaluating body shall obtain such evaluation and expert consultation as the body deems necessary. The evaluating body shall present the commission with a written recommendation and a detailed basis for that recommendation.

(c) The applicant shall be responsible to pay any costs associated with the TUE evaluation and all subsequent mandated compliance testing.

(d) The TUE shall be cancelled, if:

(i) The contestant does not promptly comply with any requirements or conditions imposed by the commission .

(ii) The term for which the TUE was granted has expired.

(iii) The contestant is advised that the TUE has been withdrawn by the commission .

(11) Failure to disclose the use of a substance described in Rule R359-1-506(2) constitutes unprofessional conduct and subject to additional disciplinary action under Section 63C-11-303 .

 

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

Date of Enactment or Last Substantive Amendment: [December 15, 2011]2012

Notice of Continuation: March 30, 2012

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

 

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