The purpose and effect of the proposed rules is to set forth the criteria to be followed by amateur sanctioning organizations during pre-match physicals of amateurs.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
State Boxing Commission

RULE NO.:RULE TITLE:
61K1-4.008Boxing Apparel
PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to set forth the criteria to be followed by amateur sanctioning organizations during pre-match physicals of amateurs.
SUMMARY: The proposed rules set forth the criteria to be followed by amateur sanctioning organizations during pre-match physicals of amateurs.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency.
The following is a Summary of the Statement of Estimated Regulatory Costs approved by the Department:
• The rule is not likely to directly or indirectly have an adverse impact on economic growth; private-sector job creation or employment, or private-sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rules.
• The rule is not likely to directly or indirectly have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rules.
• The rule is not likely to directly or indirectly to increase regulatory costs, including any transaction costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rules.
• The number of individuals and entities likely to be required to comply with the rules based on the number of licensed amateur sanctioning organizations over the last two years will be approximately 7000 including individuals who act as participants.
• The department will not incur any costs for implementing or enforcing the proposed rule.
• There will be no cost to any other state and local government entities of implementing the proposed rule.
• The total estimated costs to the licensees in a 5 year period is not in excess of $1 million in the aggregate within 5 years after the implementation of the rule.
• The estimated number of small businesses that would be subject to the rule is less than 100.
• There is no small county or small city that will be impacted by the rule.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in Section 120.541(2)(a), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 548.003 FS.
LAW IMPLEMENTED: 548.006, 548.043, 548.046, 548.071, 548.075 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: R. Kathleen Brown-Blake, Assistant General Counsel, Office of the General Counsel, 1940 North Monroe Street, Suite 42, Tallahassee, Florida 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

61K1-4.008 Pre-Match Physical of Amateur.

(1) Each amateur shall, prior to the event, be examined by a physician licensed as an M.D. or D.O. The physician shall certify in writing the amateur’s physical condition and a professional assessment as to whether or not the amateur may engage in the match. No amateur shall be permitted to engage in a match unless he has been examined and pronounced fit to do so by a physician.

(2) Ringside physicians shall have a suitable place or room in which to make their examinations prior to each match.

(3) The examination given all amateurs shall include the following:

(a) Temperature;

(b) Pulse; sitting, standing and running;

(c) Lungs;

(d) Heart;

(e) Blood pressure;

(f) Vision.

(4) No amateur shall be allowed to engage in any match if any of the following conditions are found by the physician:

(a) Hernia;

(b) Organic heart murmurs;

(c) Active pulmonary lesions;

(d) Abnormal temperature as determined by the physician;

(e) Systolic pressure over 140. If the pressure is above 140, the physician shall take the amateur’s blood pressure again either within twenty (20) minutes or on the day of the matches. Amateurs may fight with a systolic pressure over 140 at the discretion of the physician;

(f) Infectious skin lesions, such as boils or infected wounds;

(g) Recent wounds, especially on face and ears;

(h) Hand injuries, and fractures less than 6 weeks old, if, in the physician’s opinion, the injury would be detrimental to the amateur’s health or ability to effectively compete or exhibit;

(i) An indication that the amateur is using or is under the influence of narcotics, drugs, stimulants, depressants, alcohol, local anesthetics or such a high level of analgesics as to render the amateur unable to recognize if amateur is seriously injured.

(j) Retinopathy or detached retina; provided however, that the applicant shall be permitted to participate in a match if the amateur provides, at or before the weigh-in, the written statement of a licensed ophthalmologist stating that the amateur’s retina is completely healed and that in the ophthalmologist’s medical opinion, no unusual or extraordinary risk to the amateur is anticipated as a result of the retinopathy or a previously detached retina.

(k) Dental abscess;

(l) Ophthalmological problem;

(m) History of epilepsy or seizures;

(n) Blindness;

(o) History of kidney problems;

(p) Altered gait or balance; or

(q) History of any abnormality in a computerized axial tomography (CAT) scan, electroencephalogram (EEG), electrocardiogram (EKG), magnetic resonance imaging (MRI) scan, or other similar medical tests.

(5) Hepatitis B, Hepatitis C, and Human Immunodeficiency Virus/AIDS status:

(a) Amateurs participating in mixed martial arts matches must comply with the following:

1. Each amateur shall provide the amateur sanctioning organization with hepatitis B surface antigen lab results and hepatitis C antibody lab results indicating no infection. Negative results will be acceptable for a period of up to twenty-four (24) months. After twenty-four (24) months, the amateur will need to be re-tested and provide the amateur sanctioning organization with current lab results.

2. Each amateur shall provide and amateur sanctioning organization with rapid HIV test results indicating no infection with the human immunodeficiency virus/AIDS. Negative results will be acceptable for a period of up to twenty-four (24) months. After twenty-four (24) months, the amateur will need to be re-tested and provide the amateur sanctioning organization with current lab results.

(6) In addition to the above, amateurs 40 years and older shall submit satisfactory results every 24 months from the following prior to being approved for participation:

1. A normal EKG and a letter from the amateur’s personal physician clearing them to compete.

2. Test results indicating that the amateur has a CBC, PT, and PTT in normal range.

3. A letter or documentation once every from an ophthalmologist indicating an eye exam without evidence of disease.

4. A letter from a general practitioner physician licensed as an M.D. or D.O. indicating the amateur had a clean physical.

(7) All amateurs with cuts and abrasions that require dressing, bandages, or band-aids must be approved to compete by physician prior to being cleared to participate.

(8) Female participants are limited to participation with additional medical restrictions. If any of the following conditions exist, the athlete is not permitted to participate:

(a) Painful pelvic disease states such as symptomatic endometriosis;

(b) Abnormal vaginal bleeding of undetermined etiology;

(c)Recent secondary amenorrhea of undetermined cause;

(d) Recent breast bleeding;

(e) Recently discovered breast masses.

Rulemaking Authority 548.003 FS. Law Implemented 548.006, 548.043, 548.046, 548.071, 548.075 FS. History– New ______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida State Boxing Commission
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida State Boxing Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 10, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 27, 2012