Participant; License; Conduct and Other Requirements  

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    DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

    State Boxing Commission

    RULE NO.:RULE TITLE:

    61K1-3.007Participant; License; Conduct and Other Requirements

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 40 No. 94, May 14, 2014 issue of the Florida Administrative Register.

    The changes are in response to concerns stated by the Joint Administrative Procedures Committee in letters dated May 29, 2014 and March 31, 2015 and by concerns stated by the Commission at its meeting on December 12, 2014. The changes are as follows:

     

    61K1-3.007 Participant; License; Conduct and Other Requirements

    (1) License.

    (a) through (b) No change

    (c) Any person desiring to become licensed as a participant shall submit Form BPR-0009-450, “Application for License,” effective September 2015, DBPR-FSBC 2, “Application for Licensure, Participant,” effective March 2014, adopted and incorporated herein, which may be obtained on the “Boxing, Kickboxing, & Mixed Martial Arts” link at https://www.myfloridalicense.com/intentions2.asp , or at https://www.myfloridalicense.com/intentions2.asp, or at http://www.flrules.org/Gateway/refernce.asp?No=Ref-.

    (d) Each participant shall submit to an ophthalmological examination conducted by a licensed and certified ophthalmologist or certified optometrist. The Participant and ophthalmologist or optometrist shall complete Form BPR-0009-665, “Dilated Ophthalmological Examination”, effective December March 2014, adopted and incorporated herein by reference, which may be found at https://www.myfloridalicense.com/intentions2.asp , or at http://www.flrules.org/Gateway/refernce.asp?No=Ref- and shall be submitted to the commission with the application for licensure.

    (e) Each participant shall submit to a pre-licensure physical conducted by a licensed M.D. or D.O. Female participants may submit to a pre-licensure physical conducted by a licensed board certified OB/GYN. The participant and physician shall complete Form DBPR FSBC 20, “Pre-Licensure Physical Info Sheet,” effective March 2014, adopted and incorporated herein, which may be found at https://www.myfloridalicense.com/intentions2.asp , or at http://www.flrules.org/Gateway/refernce.asp?No=Ref- , and submit to the commission.  The results from the pre-licensure physical examination shall be used by the commission office for licensure and fight bout card approval, and for comparison to pre-match physicals examinations by ringside physicians., The pre-match physical examination may but will not be used in lieu of the pre-license physical examination if performed within 30 days of the pre- license physical examination a pre-match physical

    (f) Transgender Participants

    (g) Transexuals: Male to Female

    1. Individuals undergoing sex reassignment from male to female prior to puberty are regarded as women (female) and shall be licensed as such.

    2.  Individuals undergoing sex reassignment from male to female after puberty may be eligible for participation in female matches under the following conditions:

    a.  Surgical anatomical changes have been completed including gonadectomy and surgical changes of external genitalia consistent with gender reassignment.

    b. Hormone Therapy for the assigned sex (female) has been administered for a minimum of two years after gonadectomy by a board-certified endocrinologist, internist, pediatrician, or any physician or any other specialist known to have significant knowledge and experience with transsexual and transgender individuals.  Hormone therapy prior to gonadectomy is not included in the two years due to the potential for the production of endogenous testosterone from the gonads during any period of time when hormone therapy was not available or therapeutically dosed below that which is required to completely suppress testosterone production. 

    c. Form DBPR FSBC 21, “Therapeutic Use Exemption and Medical Condition Explanation Form,” March 2014, as adopted and incorporated in Rule 61K1-3.007, F.A.C. and a letter from the board certified physician responsible for the care of the participant will need to be submitted to the commission, and shall include the following:

    i. Initial date when hormone therapy began for the assigned sex (female) (can be prior to gonadectomy but is not included in the two year requirement for hormone therapy after gonadectomy);

    ii. Date, location, surgeon, and surgical report of the gonadectomy (and external genitalia reassignment, if done at the same surgical setting);

    iii. Date, location, surgeon, and surgical report for any other surgery involving the genitalia;

    iv. Hormone name/type, dose, and interval of administration over the past two years;

    v. Lab reports of estradiol and testosterone levels documenting over the past two years that serum estradiol levels are within the normal range for a healthy premenopausal woman and suppression of testosterone levels to those normally found in women, as determined under lab specific ranges as set forth below;

    vi. Name, dose, and duration of any anti-androgen treatment used over the past two years;

    vii. Name, dose, and duration of any other medication used as part of the management of the transgender state. 

    (b) Transsexuals: Female to Male.

    1. Individuals undergoing sex reassignment from female to male prior to puberty are regarded as boys and eventually men (male) and shall be licensed as such.

    2. Individuals undergoing sex reassignments from female to male after puberty may be eligible for participation in male matches under the following conditions:

    a. Surgical anatomical changes have been completed which at a minimum must include breast reduction but may include additional surgical changes of internal (hysterectomy and/or oophorectomy) and/or external genitalia;

    b. Hormone Therapy for the assigned sex (male) has been administered for a minimum of two years after gonadectomy preferably by a board-certified endocrinologist, internist, pediatrician, or any physician (M.D. or D.O.) known to have significant knowledge and experience with transsexual and transgender individuals. 

    c. Form DBPR FSBC 21, “Therapeutic Use Exemption and Medical Condition Explanation Form,”  March 2014, as adopted and incorporated in Rule 61K1-3.007, F.A.C. and a letter from the board certified physician responsible for the care of the participant will need to be submitted to the commission, and shall include the following:

    i. Initial date of hormone therapy for the assigned sex (male);

    ii. Date, location, surgeon, and surgical report of any surgery including breast reduction, gonadectomy, hysterectomy, or any other surgery involving genitalia;

    iii. Hormone name/type, dose, and interval of administration over the past two years;

    v. Lab reports of estradiol and testosterone levels within the past two years with a goal of serum estradiol levels within the normal range for a healthy man and testosterone levels within the range for healthy men, as determined under lab specific ranges as set forth below;

    vi. Name, dose, and duration of any anti-estrogen treatment used over the past two years;

    vii.  Name, dose, and duration of any other medication used as part of the management of the transgender state. 

    d. Note:  Lab specific ranges should follow the established range from the reference laboratory.  The commission will accept laboratory data from the following laboratories for hormone testing: 

    i. Quest:  upper normal range for total testosterone 1100 mg/dL;

    ii. Labcorp:  upper normal range for total testosterone:  1197 mg/dL;

    iii. ARUP: upper normal range for total testosterone: 1080 ng/dL

    (c) Pre-Fight and day of Fight:

    1.Participants should submit lab data required above which has been drawn from the participant no more than 6 months prior to the match date, including one value within one month of the match.  Participants shall not be permitted to participate if their estradiol or total testosterone levels are outside of the normal range.  If a value is found to be out of the normal range, the participant shall take action to correct the level by repeating the lab and/or adjusting medication appropriately, which must be documented in an additional Form DBPR FSBC 21, “Therapeutic Use Exemption and Medical Condition Explanation Form,” August 2013, completed by the physician who provided the letter and original Form DBPR FSBC 21, “Therapeutic Use Exemption and Medical Condition Explanation Form,” March 2014, as required above. 

    2. The day prior to the match, the participant should submit the time, date, and amount and method of last dose of testosterone or other medication used in the management of the participant’s transgender state. 

    (f)(h) Each participant shall provide the commission with hepatitis B surface antigen laboratory result and hepatitis C antibody laboratory result indicating no infection. Negative results will be acceptable for a period of up to 1 year. After 1 year, the participant will need to be re-tested and provide the commission with current laboratory results.

    (g)(i) No change 

    (h)(j) Laboratory results filed with other commissions or jurisdictions in the United States may be verified in writing by them to the executive director in lieu of requiring a subsequent blood test for this purpose.

    (i)(k) No change

    (2) No applicant shall be issued a license as participant if any of the following conditions are found by the physician in the pre-licensure physical examination, unless the participant provides Form DBPR FSBC 21 “Therapeutic Use Exemption and Medical Condition Explanation Form,” effective March 2014, adopted and incorporated herein indicating the condition is no longer a danger to the participant’s health:

    (a) through (e) No change

    (f) Active infectious communicable disease, including skin lesions, such as boils or infected wounds, as well as any other bacterial, viral, fungal, and/or mycobacterial communicable diseases, including tuberculosis;

    (g) through (h) No change

    (i): Reason to believe that a participant has ingested or used a prohibited substance An indication that the participant is using or is under the influence of as listed in Rule 61K1-3.017, F.A.C. narcotics, drugs, stimulants, depressants, alcohol, local anesthetics or analgesics so as to render the participant unable to recognize if the participant is seriously injured;

    (j) No change.

    (k) Ophthalmological problem(s) including but not limited to:

    1. through 2. No change.

    3. Blindness defined as central visual acuity of 20/200 100 or less in the best worst eye with 20/40 or worse in the better eye with the best possible correction, in both eyes and/or a the widest diameter of the visual field of subtends an angular distance of no greater than 20 degrees or less.

    (l) through (p) No change.

    (q) In addition to the above, applicants 40 years and older shall submit satisfactory results from the following prior to being approved for licensure:

    1. No change.

    2. Test results indicating that the participant has a complete blood count (CBC), prothrombin time (PT), and partial thromboplastin time (PTT) in normal range;

    2. 3. A normal MRI of the brain. without contrast.

    3. A physical examination conducted by a licensed physician, either an MD or a DO and a letter stating that this applicant is physically fit to compete.

    (3) Conduct and Other Requirements: No participant shall engage in a match with less than seven calendar days between matches.

    (a) No participant shall engage in a match with less than seven calendar days between matches.

    (b) Any participant who fails to appear at a match or fails to appear timely at a match for which he or his manager has contracted and does not provide a valid reason or, in the case of physical disability, furnish a physician’s certificate, shall be issued a citation by the executive director or his or her designee, indefinitely suspended by the executive director or his or her designee, fined or any combination thereof for a period to be determined by the commission. In making this determination, the commission shall consider the following factors:

    1. The relative importance of the match;

    2. The participant’s past record of punctuality and tardiness; and

    3. The reasons for his failure to appear or appear timely.

     

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Paul Waters, Executive Director, Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-2202