201 KAR 27:021reg. Drug testing for boxing, kickboxing, mixed martial arts, and elimination event shows

      Section 1. General Provisions. The administration of or use of any item listed in this section that has not been approved by the commission, including the drugs or injections or methods listed in Section 2 of this administrative regulation, in any part of the body, either before or during a bout or exhibition, to or by any person who holds a license in boxing, kickboxing, mixed martial artist, or elimination event, shall be prohibited:

      (1) Alcohol;

      (2) Stimulant; or

      (3) Drug or injection or methodology.

 

      Section 2. Prohibited Substances. (1) The following types of drugs, injections, stimulants, and methods shall be prohibited pursuant to Section 1 of this administrative regulation:

      (a) Afrinol or any other product that is pharmaceutically similar to Afrinol;

      (b) Co-Tylenol or any other product that is pharmaceutically similar to Co-Tylenol;

      (c) A decongestant other than a decongestant identified in Section 4 of this administrative regulation; and

      (d) Any over-the-counter drug for colds, coughs, or sinuses other than those drugs listed in Section 4 of this administrative regulation, including Ephedrine, Phenylpropanolamine, and Mahuang and derivatives of Mahuang.

      (2) With the exception of stimulants listed in section S-5 and S-6 of the World Anti-Doping Agency’s Prohibited List, 2015, which are prohibited at all times, any prohibited substance or method drug identified on the World Anti-Doping Agency’s Prohibited List, 2015.

      (3) The World Anti-Doping Agency’s definitions, prohibited lists, prohibited methodologies, and tolerance levels shall be used in interpreting violations of this administrative regulation.

 

      Section 3. Non-prohibited but Discouraged Substances. The following types of drugs or injections are not prohibited pursuant to Section 1 of this administrative regulation, but their use is discouraged:

      (1) Aspirin and products containing aspirin; or

      (2) Nonsteroidal anti-inflammatories.

 

      Section 4. Approved Substances. The following types of drugs or injections are approved:

      (1) Antacids, such as Maalox;

      (2) Antibiotics, antifungals, or antivirals that have been prescribed by a physician;

      (3) Antidiarrheals, such as Imodium, Kaopectate, or Pepto-Bismol;

      (4) Antihistamines for colds or allergies, such as Bromphen, Brompheniramine, Chlorpheniramine Maleate, Chlor-Trimeton, Dimetane, Hismal, PBZ, Seldane, Tavist-1, or Teldrin;

      (5) Antinauseants, such as Dramamine or Tigan;

      (6) Antipyretics, such as Tylenol;

      (7) Antitussives, such as Robitussin, if the antitussive does not contain codeine;

      (8) Antiulcer products, such as Carafate, Pepcid, Reglan, Tagamet, or Zantac;

      (9) Asthma products in aerosol form, such as Brethine, Metaproterenol (Alupent), or Salbutamol (Albuterol, Proventil, or Ventolin);

      (10) Asthma products in oral form, such as Aminophylline, Cromolyn, Nasalide, or Vanceril;

      (11) Ear products, such as Auralgan, Cerumenex, Cortisporin, Debrox, or Vosol;

      (12) Hemorrhoid products, such as Anusol-HC, Preparation H, or Nupercainal;

      (13) Laxatives, such as Correctol, Doxidan, Dulcolax, Efferyllium, Ex-Lax, Metamucil, Modane, or Milk of Magnesia;

      (14) Nasal products, such as AYR Saline, HuMist Saline, Ocean, or Salinex; and

      (15) The following decongestants and any decongestant that is pharmaceutically similar:

      (a) Afrin; or

      (b) Oxymetazoline HCL Nasal Spray.

 

      Section 5. Testing Requirement. A boxer, kickboxer, professional mixed martial artist, amateur mixed martial artist, or elimination event contestant shall submit to a blood test, urinalysis, or chemical test at any time, in or out of competition, if the commission or a representative of the commission directs him or her to do so.

 

      Section 6. Disciplinary Action. (1) A licensee who violates any provision of this administrative regulation shall be subject to disciplinary action by the commission.

      (2) In addition to any other disciplinary action taken by the commission, if a contestant who won or drew a bout is found to have violated the provisions of this administrative regulation, the commission may change the result of that bout to a no decision loss if the commission finds that the drug used may have affected the result. A note shall be placed on the contestant’s record that the change in decision was the result of testing positive for a banned substance or prohibited method.

 

      Section 7. Penalty Guidelines. Each alleged violation of the commission’s anti-doping policies shall be examined on a case-by-case basis and the penalties imposed shall be based upon the totality of the circumstances. The ultimate penalty may be lesser than or greater than the following penalty guidelines:

      (1) For sedatives, muscle relaxants, sleep aids, anxiolytics, or opiates cannabis:

      (a) 1st offense: eighteen (18) month suspension and a $100 fine;

      (b) 2nd offense: twenty-four (24) month suspension and a $250 fine;

      (c) 3rd offense: thirty-six (36) month suspension and a $500 fine; or

      (d) 4th offense: lifetime ban and a $1,000 fine;

      (2) For diuretics being used to cut weight:

      (a) 1st offense: twenty-four (24) month suspension and a $250 fine;

      (b) 2nd offense: thirty-six (36) month suspension and a $500 fine; or

      (c) 3rd offense: lifetime ban and a $1,000 fine;

      (3) For stimulants:

      (a) 1st offense: twenty-four (24) month suspension and a $250 fine;

      (b) 2nd offense: thirty-six (36) month suspension and a $500 fine; or

      (c) 3rd offense: lifetime ban and a $1,000 fine;

      (4) For anabolic steroids:

      (a) 1st offense: thirty-six (36) month suspension and a $500 fine;

      (b) 2nd offense: forty-eight (48) month suspension and a $750 fine; or

      (c) 3rd offense: lifetime ban and a $1,000 fine; or

      (5) For avoiding or refusing testing or detection, altering or adulterating a urine or blood sample, providing a urine or blood sample not from the contestant, or using any masking agent:

      (a) 1st offense: forty-eight (48) month suspension and a $750 fine; or

      (b) 2nd offense: lifetime ban and a $1,000 fine.

 

      Section 8. Incorporation by Reference. (1) "World Anti-Doping Agency Prohibited List", 2015, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Boxing and Wrestling Commission office at 911 Leawood Dr., Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m, and is available online at https://wada-main-prod.s3.amazonaws.com/resources/files/wada-2015-prohibited-list-en.pdf.

 

CHAD E. MILLER, Chairman

DAVID A. DICKERSON, Secretary

      APPROVED BY AGENCY: July 14, 2016

      FILED WITH LRC: July 15, 2016 at noon

 

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 24, 2016, at 4:00 p.m., at the Office of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing no later than five (5) working days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. The hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted if received at or before 11:59 p.m. on August 31, 2016. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation by the above date to the contact person.

      CONTACT PERSON: Barry Dunn, Executive Director, Office of Legal Services, Public Protection Cabinet, 500 Mero Street, 5th Floor, Frankfort, Kentucky 40601, phone [phone], fax [phone], email [e-mail].

 

Regulatory Impact Analysis and Tiering Statement

 

Contact Person: Barry Dunn

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes the drug testing policy for boxers, kickboxers, mixed martial artists, and elimination event contestants.

      (b) The necessity of this administrative regulation: This regulation is necessary to establish the Kentucky Boxing and Wrestling Commission’s ("KBWC") drug testing policy.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This regulation conforms with KRS 229.171, which grants the KBWC authority to control and manage shows and exhibitions. KRS 229.180 also authorizes the KBWC to adopt and promulgate, amend, or abrogate any and all rules and regulations considered by it necessary or expedient for the performance of its functions as provided in KRS Chapter 229.

      (d) How this administrative regulation currently assists or will assist in the effective administrative of the statutes: This regulation will enforce statutory requirements by requiring drug testing to ensure the health and safety of athletes and the sanctity of competition.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: N/A

      (b) The necessity of the amendment to this administrative regulation: N/A

      (c) How the amendment conforms to the content of the authorizing statutes: N/A

      (d) How the amendment will assist in the effective administrative of the statues: N/A

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This regulation impacts the KBWC and participants in boxing, mixed martial arts, and elimination events. This drug policy applies to around 200 licensees.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Contestants may be subject to a drug test at any time.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Contestants will be responsible for paying for the cost of a drug test.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): This regulation ensures a safe and fair contest for those participants in the sports impacted by this regulation.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: No Cost

      (b) On a continuing basis: No Cost

      (6) What is the source of the funding to be used for implementation and enforcement of this administrative regulation: There is no additional net cost associated with the implementation and enforcement of this regulation.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: This regulation will not result in any increase in fees or funding necessary to implement it.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This regulation establishes guidelines for fines for violations of the commission’s drug testing regulations. It also requires contestants to pay for any drug test they are required to take.

      (9) TIERING: Is tiering applied? Tiering is not applied because this policy applies equally to all.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Boxing and Wrestling Commission.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. The statutory authority for this administrative regulation KRS 229.071, 229.081, 229.091, 229.111, 229.171, 229.180, 229.200, 229.991

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. Fines from drug testing generate about $1,000 a year. However the Commission does not anticipate a net change in revenue.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? Fines from drug testing generate about $1,000 a year. However the Commission does not anticipate a net change in revenue.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? Fines from drug testing generate about $1,000 a year. However the Commission does not anticipate a net change in revenue.

      (c) How much will it cost to administer this program for the first year? The KWBC does not anticipate any net change in the cost to administer this program in the first year because licensees are required to pay for the cost of testing.

      (d) How much will it cost to administer this program for subsequent years? The KWBC does not anticipate any net change in the cost to administer this program in subsequent years because licensees are required to pay for the cost of testing.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-): 0

      Expenditures (+/-): 0

      Other Explanation: None.

Notation

      RELATES TO: KRS 229.071, 229.081, 229.091, 229.111, 229.171, 229.180, 229.200, 229.991

      STATUTORY AUTHORITY: KRS 229.071, 229.081, 229.091, 229.111, 229.171, 229.180, 229.200, 229.991

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 229.171(1) authorizes the commission to exercise sole jurisdiction over all boxing, kickboxing, mixed martial arts, and wrestling shows, exhibitions, and licensees in the commonwealth. This administrative regulation establishes the policies, procedures, and penalty guidelines associated with drug testing for participants in boxing, kickboxing, mixed martial arts, and elimination event shows and exhibitions.