The Board proposes the rule amendment to set forth obligations of professional licensees licensed under Chapter 548, F.S., by moving the requirements to a chapter designated strictly for professional licensee and updating the rule to match industry ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

State Boxing Commission

RULE NO.:              RULE TITLE:

61K1-3.017              Drugs and Foreign Substances; Penalties

PURPOSE AND EFFECT: The Board proposes the rule amendment to set forth obligations of professional licensees licensed under Chapter 548, F.S., by moving the requirements to a chapter designated strictly for professional licensee and updating the rule to match industry standards.

SUMMARY: The rule amendment will set forth obligations of professional licensees licensed under Chapter 548, F.S., by moving the requirements to a chapter designated strictly for professional licensee and updating the rule to match industry standards.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE RATIFICATION:

The agency has determined that this will not 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 SERC:

•                   Based on the annual average number of applicants, 297 applicants are expected to comply with the rule.
•                   There will be no costs to the Department for implementing the proposed rule.
•                   There will be no costs to any other state and local government entities for implementing the proposed rule.
•                   There will be no costs to any other state and local government enforcing the proposed rule.
•                   The costs incurred by individuals and entities required to comply with the requirements of the proposed
  rule will be minimal.
•                   The estimated number of small businesses that would be subject to the rule is between 100 and 499.
•                   No small county or small city will be impacted by this proposed rule.
•                   No good faith written proposals for a lower cost regulatory alternative to the proposed rule were received.

The agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs.

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: 548.041, 548.046 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE ANNOUNCED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cynthia Hefren, Executive Director, State Boxing Commission, 1940 North Street, Tallahassee, Florida 32399-1016

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61K1 3.017 Drugs and Foreign Substances; Penalties.

(1) Drugs and Foreign Substances Ingested or Designed to be Ingested.

(a) No participant shall at any time use or be under the influence of any drug or foreign substance that would unfairly increase or decrease his performance, or impair his or the physician’s ability to recognize a potentially serious injury or physical condition. No substance, other than plain drinking water or any commission approved sports drink shall be given to or ingested by a participant during the course of a match.

(b) Random drug tests pursuant to Section 548.046(3)(b), F.S.

1. Random drug tests shall be conducted prior to the matches to determine whether participants are safe to participate in the matches. The executive director or his or her designee shall determine whether to conduct random drug tests at an event.

2. If the executive director or his or her designee decides to conduct random drug tests at an event, he or she shall obtain urine samples from each participant at the event. The executive director or his or her designee shall randomly choose up to two of the samples to test. If one participant in a match is tested randomly, the other participant in the same match shall also be tested. Therefore, no more than four samples shall be randomly tested during an event. The drug screen shall be conducted so as to reduce the risk of falsification of results. This shall be accomplished by direct observation or by another accurate method of monitoring.

3. Any participant who provides a sample which tests positive during the on-site preliminary drug test shall not be permitted to participate in a match.

4. Any positive results must be confirmed prior to use by the commission in an administrative action taken against the participant’s license. 

(c) A laboratory confirmed positive test for any of the following substances shall be conclusive evidence of a violation of subsection (a) and constitutes grounds for which disciplinary action may be taken, except as otherwise indicated in the rules of the commission:

1. Stimulants – All stimulants are banned with the following exceptions:

a. Caffeine – provided, however, that an amount greater than 12 mcg/ml in the urine is prohibited;

b. Beta 2 Agonist – provided it is selected from the following list and is in aerosol or inhalant form only:

Drug Chemical              Brand Name

i. Bitolterol Mesylate              Tornalate

ii. Metaproterenol Sulfate              Alupent, Metaprel

iii. Albuterol Sulfate              Ventolin, Proventil

iv. Terbutaline Sulfate              Brethaire;

2. Narcotics;

3. Anabolic Androgenic Steroids;

4. Diuretics;

5. Local Anesthetics;

6. Corticosteroids;

7.Cannabinoids;

8. Peptide hormones;

9. Masking agents;

10. Anti-estrogenic agents;

11. Cocaine;

12. LSD;

13. Opiates (eg. Heroin, Codeine, and Morphine);

14. MDMA (Ecstasy);

15. GHB; (gamma hydroxybutyrate) 

16. PCP (Phencyclidine)

17. Human Growth Hormones;

18. Insulin-like growth factors;

19. Mechano growth factors;

20. Gonadtropines, including but not limited to hCG and LH;

21. Erythropoiesis-stimulating agents;

22. Corticotrophins;

23. Hormone Antagonists and Modulators.

(d) After each match the physician shall advise the commission representative whether or not he observed any behavior or other signs that would indicate the advisability of processing a urine sample from a participant. The commission representative shall make the final decision as to the processing of the urine sample.

(e) The executive director or his or her designee shall request a participant to submit to a urine test if reasonable suspicion is present that may indicate the potential use of anabolic steroids. Such test shall be performed within seven days of the request and the cost of the examination shall be the responsibility of the participant tested.

(2) Drugs or Foreign Substances Used Externally or Designed for External Use.

(a) No drug or foreign substance shall be used unless expressly provided for in these rules or as directed by the physician.

(b) The following drugs or foreign substances may be used by participants under the conditions described herein:

1. Petroleum Jelly – The discretional use of petroleum jelly shall be allowed around the eyes. However, the use of petroleum jelly on the arms, legs and body of a participant is prohibited.

2. The discretional use of Thrombin or a 1/1000 solution of Adrenalin and Avitine, or their generic equivalents, as approved by the physician, shall be allowed between rounds to stop bleeding of minor cuts and lacerations sustained by a participant.

3. Aleve

4. Advil,

5. Ibuprophen

(3) The following penalties shall be assessed against any participant found to be in violation of this rule or Section 548.046, F.S.:

(a) The first occurrence shall result in the suspension of the participant’s license and the banning of participant’s participation in any manner, in any match, for a period of 180 calendar days, and by assessing a fine of not more than $5,000;

(b) The second occurrence shall result in the suspension of the participant’s license and the banning of participant’s participation in any manner, in any match for a period of 1 year, and the assessment of a fine of not more than $5,000;

(c) The third occurrence shall result in the revocation of the participant’s license and the permanent banning of participant’s participation in any manner, in any match or activity regulated by Chapter 548, F.S.

(4) No person licensed by the commission shall participate in or contribute to the act of violating this rule. Any violation shall be grounds for suspension or revocation of all licenses held by such person(s). Any person(s) found to be in violation shall forfeit their share of the purse or other compensation to the commission and shall be assessed the following penalty(ies):

(a) The first occurrence shall result in the suspension of the person’s license and the banning of the licensee’s participation in any manner, in any match, for a period of 180 calendar days, and the assessment of a fine of not more than $5,000;

(b) The second occurrence shall result in the suspension of the person’s license and the banning of the licensee’s participation in any manner, in any match, for a period of 1 year, and by assessing a fine in the amount of that share of the purse to which the licensee is entitled or $500, whichever is greater;

(c) The third occurrence shall result in the permanent revocation of the person’s license and the permanent banning of the licensee’s participation in any manner, in any match or activity regulated by Chapter 548, F.S., and the assessment of a fine in the amount of that share of the purse to which the licensee is entitled or $1,000, whichever is greater.

(5) Drugs, containers and other equipment used in conjunction with the match, regardless of why or how they are used or where they are located, shall at all times be available for inspection by the physician, referee, inspector, or commission representative and shall be seized if there is any evidence that they may have been used to violate or are in violation of any provision of Chapter 548, F.S., or the rules promulgated herein.

Rulemaking Authority 548.003 FS. Law Implemented 548.041548.046 FS. History– New___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: State Boxing Commission

NAME AGENCY HEAD WHO APPROVED THE PROPOSED RULE: State Boxing Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 28, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 10, 2014