The Commission proposes the rule amendments to clarify language regarding qualifications of participants.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Athletic Commission

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The Commission proposes the rule amendments to clarify language regarding qualifications of participants.

SUMMARY: Language regarding qualification of participants will be clarified.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS 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 not been prepared by the Agency.

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: During discussion of the economic impact of this rule amendment at its Commission meeting, the Commission, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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(1)(c), 548.046(2) FS.

LAW IMPLEMENTED: 548.006, 548.041(1)(c), 548.046(1), 548.046(2) 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: Patrick Cunningham, Executive Director, Florida Athletic Commission, 2601 Blair Stone Road, Tallahassee, FL 32399-1016 or telephone [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) through (9) No change.

(10) No biological male participant shall be allowed to engage in any match against a biologically female participant. A participant’s status as a biological male or biological female is determined by the participant’s sex at birth.  Transgender Participants.

(a) Transsexuals: 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. An individual 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, except as otherwise permitted or allowed in this situation, for the assigned sex (female) has been administered for a minimum of two years after gonadectomy by a licensed 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.

(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. An individual 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 licensed endocrinologist, internist, pediatrician, or any physician (M.D. or D.O.) known to have significant knowledge and experience with transsexual and transgender individuals.

c. Note: Laboratory 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 laboratory data required above which has been drawn from the participant no more than 1 year 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 laboratory test and/or adjusting medication appropriately, which must be documented in an additional Form DBPR FSBC 20, “Pre-Licensure Physical Sheet,” revised September 2015, adopted and incorporated by reference in Rule 61K1-3.007, F.A.C.

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) through (15) No change.

Rulemaking Authority 548.003, 548.041(1)(c), 548.046(2) FS. Law Implemented 548.006, 548.041(1)(c), 548.046(1), 548.046(2) FS. History–New 4-17-17,                     .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Athletic Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Athletic Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 17, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 31, 2022