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:

61K1-3.016              Pre-Match Physical of Participant and Referee

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, 51 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: 548.006, 548.041(1)(b), 548.046(2) 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:

 

61K1-3.016 Pre-Match Physical of Participant and Referee.

(1) Each participant shall, at the time of the weigh-in, be examined by a physician who is either a licensed M.D. or D.O. The physician shall certify in writing the participant’s physical condition and a professional assessment as to whether or not the participant may engage in the match. The physician shall, prior to the match, file with the commission representative a written report of the medical examination of the participant, which report shall state whether or not, in the opinion of the physician, the participant is physically fit to engage in the match. No participant shall be permitted to engage in a match unless he or she 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 participants shall include the following:

(a) Temperature;

(b) Pulse; sitting, standing and running;

(c) Lungs;

(d) Heart;

(e) Blood pressure;

(f) Vision;

(g) Weight;

(h) Skin.

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

(a) Inguinal and/or abdominal hernia;

(b) Organic heart murmurs;

(c) Active pulmonary lesions;

(d) Abnormal temperature as determined by the physician;

(e) Blood pressure over 140/90 mmHg. If the systolic pressure is above 140, the physician shall take the participant’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) 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) Recent wounds, especially on face and ears;

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

(i) Any indication that the participant is using or is under the influence of narcotics, drugs, stimulants, depressants, alcohol, local anesthetics or analgesics as to render the participant unable to recognize if the participant is seriously injured.   If the physician finds any indication or evidence that the participant is using, is under the influence of unauthorized drugs or foreign substances such that the physician cannot make a definitive determination and therefore allows the match to proceed, the physician shall immediately advise the commission representative who shall ensure that a urine sample is taken and processed in accordance with Rule 61K1-3.017, F.A.C.;

(j) Dental abscess or loose tooth or teeth;

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

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

2. Solitary eye;

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

(l) History of epilepsy or seizures, provided however, that the applicant shall be permitted to participate in a match if the participant provides, at or before the weigh-in, the written statement of a board certified neurologist stating that the epilepsy or seizure disorder is well-controlled and that in the neurologist’s expert medical opinion, no unusual or extraordinary risk to the participant is anticipated as a result of the epilepsy or seizure disorder;

(m) History of kidney problems, including solitary kidney; provided however, that the applicant shall be permitted to participate in a match if the participant provides, at or before the weigh-in, the written statement of a board certified nephrologist stating that the kidney problem is resolved and that in the nephrologist’s expert medical opinion, no unusual or extraordinary risk to the participant is anticipated as a result of the resolved kidney problem and/or solitary kidney;

(n) History of blood clotting disorders or abnormal bleeding, including hemophilia and Von Willebrand disease; provided however, that the applicant shall be permitted to participate in a match if the participant provides, at or before the weigh-in, the written statement of a board certified hematologist stating that the bleeding problem is well controlled and that in the hematologist’s expert medical opinion, no unusual or extraordinary risk to the participant is anticipated as a result of the bleeding disorder;

(o) 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) Each participant shall be required to submit to any additional medical examination or test ordered by the executive director or his or her designee, or the commission. Such medical examination or test must be must be original or a certified copy of the results which were performed by an M.D., D.O., or laboratory no earlier than 30 days before the date on which the results are presented to the commission, or its executive director or his or her designee.

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

(7) Female participants are limited to participation with additional medical restrictions.  If any of the following conditions are identified by the ringside physician during the pre-match physical, the athlete is not permitted to participate:

(a) Pelvic disease states such as symptomatic endometriosis;

(b) Abnormal vaginal bleeding;

(c)Recent secondary amenorrhea of undetermined cause;

(d) Recent breast bleeding;

(e) Recently discovered breast masses;

(f) A positive pregnancy test, conducted at the time of the pre-match physical and signed off on by the physician conducting the physical. 

(8) The pre-match physical shall be documented on Form BPR-0009-455, “Participant Information and Medical Sheet”, effective March 2014, adopted and incorporated herein by reference, which may be obtained at http://www.flrules.org/Gateway/refernce.asp?No=Ref-________, and which shall be completed by the participant and the ringside physician conducting the weigh-in. Any participant who refuses to complete this form shall not be allowed to engage in any match in Florida.

(9) Participation in subsequent matches:

(a) Any participant who is suspended and issued Form BPR-0009-478, “Order of Automatic Suspension”, effective October 2012, as adopted in Rule 61K1-3.020, F.A.C., by the executive director, or any similar suspension issued by any other jurisdiction shall not participate until cleared by a physician licensed as an M.D. or D.O.  A physician may extend a medical suspension any time he or she believes it to be in the best interest for the safety of a participant. In all cases, the decision by the physician at the pre-match physical to issue or extend a medical suspension is final and not reviewable;

(b) Participants shall receive a mandatory seven-day rest period after competing in a match.  Day 1 of the mandatory rest period shall commence on the first day following the event.

(10) Transgender Participants

(a) 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.

(11) All medical information provided to the commission directly shall not be released to any individual or entity without prior disclosure to the participants and only for the express purpose of determining the ability to participate in a match. Such medical information may be released to ringside physicians or representatives of the commission or the commission office. Participants shall sign Form DBPR FSBC 21, “Therapeutic Use Exemption and Medical Condition Explanation Form,” March 2014, as a release to permit the commission to release the medical information to the necessary individuals prior to the match for the express purpose of determining fitness to participate in a match.

(12) Participants who have had prior pertinent medical conditions identified by their physician on Form DBPR FSBC 20, “Pre-Licensure Physical Info Sheet,” March 2014, may not participate in a match until the participant has been cleared by a ringside physician.  Participants with preexisting medical conditions should have their physician who provided treatment for the preexisting medical condition, or the physician who conducted the physical, to complete Form DBPR FSBC 21, “Therapeutic Use Exemption and Medical Condition Explanation Form,” March 2014, for review prior to the match. If the commission office determines that the participant’s health or his or her opponent’s health is at risk due to the preexisting medical condition, the commission office shall refuse to permit the participant to participate. The commission office may request additional medical tests to determine whether a preexisting medical condition is a threat to the participant or his or her opponent. 

(13) Whenever a participant is unable due to illness or injuries to take part in a match for which he is under contract, he (or his manager) shall immediately report that fact to the commission, and the participant shall be required to submit to an examination by a physician designated by the commission prior to future participation in matches in the State of Florida.

(14) The executive director or his or her designee shall, whenever necessary, require that a referee undergo a physical examination prior to acting as a referee in any match.

(15) If at any time prior to the match, evidence is revealed that indicates that the match may be unusually adverse to the health of a participant or referee, the executive director or his or her designee shall order a medical examination to be given to the participant or referee, the report of which examination shall be made to the executive director or his or her designee.

Rulemaking Authority 548.003 FS. Law Implemented 548.006, 548.041(1)(b), 548.046(2) 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