No. 31585 (Amendment): R859-1-506. Drug Tests

DAR File No.: 31585
Filed: 06/16/2008, 04:58
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to provide greater detail and clarity regarding contestant drug testing.

Summary of the rule or change:

The rule change will provide much greater clarity to the commission's drug testing policy and make its policy consistent with other athletic commissions.

State statutory or constitutional authorization for this rule:

Section 63C-11-317

Anticipated cost or savings to:

the state budget:

None--The proposed change will not impact the state budget. The proposed amendment clarifies what substances are prohibited in an effort to mitigate any misunderstanding by contestants and promoters. Current rule and statute require the promoter to pay for the costs of drug testing.

local governments:

None--The proposed change will not impact local government. The proposed amendment clarifies what substances are prohibited in an effort to mitigate any misunderstanding by contestants and promoters. Current rule and statute require the promoter to pay for the costs of drug testing.

small businesses and persons other than businesses:

No change in costs to small businesses and persons. Current rule and statute require the promoter to pay for the costs of drug testing. The proposed amendment change will not require any change in testing requirements. There will be no change in costs to to affected persons, but clarifies what substances are prohibited in an effort to mitigate any misunderstanding by contestants and promoters.

Compliance costs for affected persons:

There will be no change in costs to to affected persons. The proposed amendment clarifies what substances are prohibited in an effort to mitigate any misunderstanding by contestants and promoters. Currently, oral drug tests cost $5.90 per kit. Urine test kits to detect steroids currently cost $65.

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

The proposed rule change will not increase the cost on businesses. It clarifies existing policy. Alan Dayton, PSUAC Chairman

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

Sports Authority (Utah)
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:

07/31/2008

Interested persons may attend a public hearing regarding this rule:

7/09/2008 at 12:00 PM, PSUAC, 324 S STATE ST, STE 500, Salt Lake City, UT

This rule may become effective on:

08/07/2008

Authorized by:

Bill Colbert, Secretary, PSUAC

RULE TEXT

R859. Sports Authority (Utah), Pete Suazo Utah Athletic Commission.

R859-1. Pete Suazo Utah Athletic Commission Act Rule.

R859-1-506. 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) Stimulant; or

(c) Drug or injection that has not been approved by the Commission, including, but not limited to, the drugs or injections listed R859-1-506 (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 pursuant to R859-1-506 (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 R859-1-506 (4).

(e) Any over-the-counter drug for colds, coughs or sinuses other than those drugs listed in R859-1-506 (4). This paragraph includes, but is not limited to, Ephedrine, Phenylpropanolamine, and Mahuang and derivatives of Mahuang.

(f) Any drug identified on the most current edition of the Prohibited List published by the World Anti-Doping Agency, which is hereby adopted by reference. The most current 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 R859-1-506 (1), but their use is discouraged by the Commission:

(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 R859-1-506 (1)or (2).

([1]5) At the request of the Commission, the designated Commission member, or the ringside physician, a contestant or assigned official shall submit to a test of body fluids to determine the presence of drugs. A contestant must give an adequate sample or it will deem to be a denial. The promoter shall be responsible for any costs of testing.

([2]6) If the test results in a finding of the presence of a drug or if the contestant or assigned official 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 license in accordance with Section R859-1-403;

(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.

([3]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 otherwise, a contestant 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: [May 1, ]2008

Notice of Continuation: May 10, 2007

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