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:

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

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, 548.041 FS.

LAW IMPLEMENTED: 548.041FS.

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:

 

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

(1) License.

(a) No participant shall also be licensed as a judge, physician, or referee, and no participant shall act as a judge, physician, or referee.

(b) No person shall be licensed as a participant if such person:

1. Is under 18 years of age;

2. Has had cardiac surgery. An exception may be made with prior approval from the commission based on sufficient documentation from a board certified licensed cardiologist which indicates that the surgery poses no risk to the health, safety, or wellbeing of the participant while participating in boxing, kickboxing, or mixed martial arts;

3. Has not received an ophthalmic examination within the immediate 12-month period prior to the date of the scheduled match and the results of the examination filed with the commission;

4. Is found to have any blindness or whose vision is so poor as to cause a significant health hazard or impairment to his ability to effectively participate in a match;

5. Has suffered cerebral hemorrhage or any other serious head injury. The executive director or his or her designee shall, if he or she has cause to believe that a participant may have suffered neurological injury, direct the participant to undergo an EEG, complete neurological exam, EKG, MRI, CT scan, or other medical examination deemed necessary by the ringside physician. The interpretation and diagnosis shall be filed with the commission; or

6. Is no longer able to competently perform as determined by the commission. A determination that a participant is no longer able to competently perform shall be based on participant’s win/lose/draw record; participant’s previous opponents and the results of such matches; participant’s proposed opponent; the results of the matches between participant’s proposed opponent and others; participant’s physical condition; and participant’s ability to perform effectively.

7, Has failed to comply with the physical requirements in these rules, including the pre-licensure physical, pre-match physical, and post-match physical requirements.

(c) Any person desiring to become licensed as a participant shall submit Form 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 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 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 shall be used by the commission office for licensure and bout card approval, and for comparison to pre-match physicals by ringside physicians, but will not be used in lieu of 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.

(h) Each participant shall provide the commission with hepatitis B surface antigen lab result and hepatitis C antibody lab 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 lab results.

(i) Each participant shall provide the commission with rapid HIV test result indicating no infection with the human immunodeficiency virus/AIDS. Negative result 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 lab results. 

(j) Lab 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.

(k) All medical information provided to the commission directly shall not be released by the commission or any agent thereof, to any individual or entity without prior authorization from the participant and only for the purpose of determining the participants’ ability to participate in a match in any jurisdiction, or for the purpose of completing other commission related administrative action.  Participants shall sign Form DBPR FSBC 20, “Pre-Licensure Physical Info Sheet,” March 2014, as a release to permit the commission to release the medical information to the necessary individuals or entities prior to the match.

(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, 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) Inguinal and/or abdominal hernia;

(b) Organic heart murmur;

(c) Active pulmonary lesion;

(d) Abnormal temperature as determined by the physician;

(e)  Blood pressure over 140/90 mmHg;

(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 wound(s), 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) An indication that the participant is using or is under the influence of 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) 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 licensed 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 licensed 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 licensed nephrologist stating that the kidney problem is resolved and that in the nephrologists’ 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 licensed 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

(p) 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.

(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. A normal EKG dated no greater than twelve months prior to application clearing them to compete;

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

3.  A normal MRI of the brain without contrast.

(3) Conduct and Other Requirements.

(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.

Rulemaking Authority 548.003, 548.041 FS. Law Implemented 548.041 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