Utah Admin. Code R457-1-507 - Drug Testing
(1) The Commission
prohibits administration of or use of any of the following, before or during a
contest or exhibition to or by any unarmed combatant:
(a) alcohol;
(b) illicit drug;
(c) stimulant; or
(d) drug or injection not approved by the
Commission, including the drugs or injections listed by The Association of
Boxing Commission for Boxing and Mixed Martial Arts in any part of the
body.
(2) The Commission
prohibits the following types of drugs, injections or stimulants for any
unarmed combatant:
(a) any drug or substance
identified on the World Anti-Doping Code International Standard Prohibited
List, effective January 1, 2023, published by the World Anti-Doping Agency,
which is incorporated by reference and made available, free of charge, at
www.wada-ama.org; and
(b) World Anti-Doping Agency (WADA)
thresholds set the standard level on prohibited substances unless otherwise
prescribed by the Commission rules;
(3) The Commission discourages the following
types of drugs or injections for any unarmed combatant:
(a) aspirin and products containing aspirin;
and
(b) nonsteroidal
anti-inflammatories.
(4)
The Commission allows the use of the following types of drugs or injections:
(a) antacids, such as Maalox;
(b) antibiotics, antifungals or antivirals
that have been prescribed by a physician;
(c) antidiarrheals, such as Imodium,
Kaopectate or Pepto-Bismol;
(d)
antihistamines for colds or allergies, such as Bromphen, Brompheniramine,
Chlorpheniramine Maleate, Chlor-Trimeton, Dimetane, Hismal, PBZ, Seldane,
Tavist-1 or Teldrin;
(e)
antinauseants, such as Dramamine or Tigan;
(f) antipyretics, such as Tylenol;
(g) antitussives, such as Robitussin, if the
antitussive does not contain codeine;
(h) antiulcer products, such as Carafate,
Pepcid, Reglan, Tagamet or Zantac;
(i) asthma products in aerosol form, such as
Brethine, Metaproterenol, Alupent, Salbutamol, Albuterol, Proventil or
Ventolin;
(j) asthma products in
oral form, such as Aminophylline, Cromolyn, Nasalide or Vanceril;
(k) ear products, such as Auralgan,
Cerumenex, Cortisporin, Debrox or Vosol;
(l) hemorrhoid products, such as Anusol-HC,
Preparation H or Nupercainal;
(m)
laxatives, such as Correctol, Doxidan, Dulcolax, Efferyllium, Ex-Lax,
Metamucil, Modane or Milk of Magnesia;
(n) nasal products, such as AYR Saline,
HuMist Saline, Ocean or Salinex; and
(o) the following decongestants:
(i) Afrin;
(ii) Oxymetazoline HCL Nasal Spray;
or
(iii) any other decongestant
that is pharmaceutically similar to the decongestants in this
subsection.
(5) At the request of the Commission, the
designated Commission member, or the ringside physician, a licensee shall
submit to a test of body fluids to determine the presence of drugs or other
prohibited substances. A licensee shall give an adequate sample, or the
Commission shall consider the sample inadequate and a denial by the licensee.
The promoter shall pay for any costs of testing.
(6) If the test results in a finding of the
presence of a prohibited substance or metabolite or if the licensee is unable
or unwilling to provide a sample of body fluids for such a test within 60
minutes of notification, the Commission may take one or more of the following
actions:
(a) immediately suspend the
licensee's license in accordance with Section R457-1-403;
(b) stop the contest in accordance with
Section 9-23-309;
(c) initiate
other appropriate licensure action in accordance with Section 9-23-303;
or
(d) withhold the contestant's
purse in accordance with Section 9-23-313.
(7) A contestant who is disciplined pursuant
to this rule and who was the winner of a contest shall be disqualified and the
decision of the contest shall be changed to "no contest" and shall be fined a
minimum of their win bonus.
(8)
Unless the Commission determines otherwise at a scheduled meeting, a licensee
who tests positive for prohibited substances or their metabolites shall be
penalized as follows:
(a) First offense - 180
day suspension;
(b) Second offense
- 1 year suspension, and mandatory completion of a supervisory treatment
program approved by the Commission that licensed the event;
(c) Third offense - 2 year suspension, and
mandatory completion of a supervisory treatment program approved by the
Commission that licensed the event; and
(d) in the case of failure by the contestant
to fully disclose all medications taken within 30 days of their pre-fight
physical, before their bout, the Commission shall deem this as unprofessional
conduct and double the length of any applicable suspension, or any other
combination of remedies as defined by the Commission based upon mitigating or
aggravating circumstances.
(9) Medical Cannabis. For a contestant who
for the first-time tests positive for medical cannabis above the threshold
level set by USADA/WADA (15ng/mL) the Commission shall fine up to $100. The
fine shall escalate to $200 if in the future, a contestant again tests positive
for cannabis above the threshold.
(10)
(a)
Therapeutic Use Exemptions (TUEs). An applicant or licensee who believes the
applicant or licensee has a therapeutic reason to use a substance described in
Subsection R457-1-506(2) may apply in advance using a form approved by the
Director, for a TUE to permit continued use of that substance.
(b) The Director may approve an application
for a TUE for medical cannabis prescribed by a registered qualified medical
provider in accordance with the Utah Medical Cannabis Act, or if a contestant
is a resident of another state, then medical cannabis prescribed as allowed by
the statute of another state. After an application, the Commission may grant
other substances, after a public hearing.
(c) The applicant or licensee shall submit
the request in writing to the Commission.
(d) Supporting medical information shall
accompany the request sufficient to allow the Commission to determine whether
to grant their request.
(e) In
reaching its decision, the Commission will, at a minimum, determine whether the
licensee satisfied all of the following criteria:
(i) the applicant or licensee would
experience a significant impairment to health if the prohibited substance were
to be withheld in the course of treating an acute or chronic medical
condition;
(ii) the therapeutic use
of the prohibited substance would produce no additional enhancement of
performance other than that anticipated by a return to a state of normal health
following the treatment of a legitimate medical condition;
(iii) the use of any Prohibited Substance or
Prohibited Method to increase "low-normal" levels of any endogenous hormone is
not an acceptable Therapeutic intervention;
(iv) the applicant or licensee has attempted
to use reasonable therapeutic alternatives to the prohibited substance or no
reasonable alternative exists; and
(v) the necessity for the use of the
otherwise prohibited substance is not a result, wholly or in part, of a prior
non-therapeutic use of any substance described in Subsection
R457-1-506(2).
(f) The
Commission may, in its sole discretion, either grant or deny the request or
refer the request to the Voluntary Anti-Doping Association (VADA) or similar
evaluating body for a recommendation. The evaluating body shall obtain such
evaluation and expert consultation as the body deems necessary. The evaluating
body shall present the Commission with a written recommendation and a detailed
basis for that recommendation.
(g)
The applicant shall be responsible to pay any costs associated with the TUE
evaluation and all subsequent mandated compliance testing.
(h) The Commission shall cancel the TUE, if:
(i) the contestant does not promptly comply
with any requirements or conditions imposed by the Commission;
(ii) the TUE's term has expired; or
(iii) the Commission withdraws the TUE and
notifies the contestant.
(11) Failure to disclose the use of a
substance described in Subsection R457-1-506(2) constitutes unprofessional
conduct and subject to additional disciplinary action under Section
9-23-303.
Notes
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