Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS 229.071,
229.081,
229.091,
229.111,
229.171,
229.180,
229.200,
229.991, EO
2016-270
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
229.171(1) authorizes the
authority to exercise sole jurisdiction over all boxing, kickboxing, mixed
martial arts, and wrestling shows, exhibitions, and licensees in the
commonwealth. Executive Order 2016-270, effective May 16, 2016, abolished the
Kentucky Boxing and Wrestling Authority and established the Kentucky Boxing and
Wrestling Commission. This administrative regulation establishes the policies,
procedures, and penalty guidelines associated with drug testing for
participants in boxing, kick-boxing, mixed martial arts, wrestling, and
elimination event shows and exhibitions.
Section
1. Definitions.
(1)
"In-competition" means the period commencing twelve (12) hours before the
beginning of a bout, match, or exhibition of unarmed combat in which the
licensee is scheduled to participate through the end of the bout, match, or
exhibition and the sample collection process related to the bout match or
exhibition.
(2)
"Out-of-competition" means any period that is not in-competition.
(3) "Prohibited List" means the World
Anti-Doping Agency Prohibited List dated January 2016.
Section 2. Applicability. This administrative
regulation shall apply to all contestants, judges, and referees in boxing,
kickboxing, mixed martial arts, wrestling, and elimination events.
Section 3. Prohibitions.
(1) The Prohibited List shall be used in
conjunction with this administrative regulation.
(2) Except as established in Section 4 of
this administrative regulation, the substances and methods listed in the
following classes of the Prohibited List shall be prohibited in-competition and
out-of-competition:
(a) S0. Non-approved
substances;
(b) S1. Anabolic
agents;
(c) S2. Peptide hormones,
growth factors, and related substances and mimetics;
(d) S3. Beta-2 agonists;
(e) S4. Hormone and metabolic
modulators;
(f) S5. Diuretics and
masking agents;
(g) M1.
Manipulation of blood and blood components;
(h) M2. Chemical and physical manipulation;
and
(i) M3. Gene Doping.
(3) Except as established in
Section 4 of this administrative regulation, the following substances listed in
the Prohibited List shall be prohibited only while a licensee is
in-competition:
(a) S6. Stimulants;
(b) S7. Narcotics;
(c) S8. Cannabinoids;
(d) S9. Glucocorticoids; and
(e) P1. Alcohol.
Section 4. Approved Substances.
The following types of drugs or injections are approved:
(1) Antacids, such as Maalox;
(2) Antibiotics, antifungals, or antivirals
for which the licensee has a prescription;
(3) Antidiarrheals, such as Imodium,
Kaopectate, or Pepto-Bismol;
(4)
Antihistamines for colds or allergies, such as Bromphen, Brompheniramine,
Chlor-pheniramine 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 Salbut-amol (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.
(1) A licensed boxer, kickboxer,
professional mixed martial artist, amateur mixed martial artist, wrestling, or
elimination event contestant, judge, or referee shall submit to a blood test,
urinalysis, or chemical test at any time, in-competition or out-of-competition,
if the commission or a representative of the commission directs him or her to
do so.
Section 6.
Violations and Penalties.
(1) A licensee who
violates any provision of this administrative regulation shall be subject to a
penalty issued by the commission.
(2) A blood test shall not be required within
seven (7) days of the bout, competition, or exhibition unless directed by the
commission upon finding of probable cause that a violation of Section 3 of this
administrative regulation has occurred.
(3)
(a) In
addition to any other penalty issued 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.
(b) 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.
(4) The commission shall
investigate each alleged violation of this administrative regulation.
Section 7. Penalty Guidelines. The
guidelines for use in determining a penalty pursuant to
201 KAR
27:105, Section 3 shall be as follows:
(1) For cannabis or cannabinoids:
(a) 1st offense: six (6) month suspension and
a fine of fifty (50) dollars;
(b)
2nd offense: twelve (12) month suspension and a $100 fine;
(c) 3rd offense: twenty-four (24) month
suspension and a $250 fine; or
(d)
4th offense: lifetime ban and a $500 fine;
(2) For sedatives, muscle relaxants, sleep
aids, anxiolytics, opiates, or opioids:
(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;
(3) 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;
(4) 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;
(5) 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
(6) 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", January 2016, 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 500 Mero St, 218NC, Frankfort, Kentucky 40601,
Monday through Friday, 8 a.m. to 4:30 p.m., and is available online at
http://www.usada.org/wp-content/uploads/wada-2016-prohibited-list-en.pdf.
STATUTORY AUTHORITY:
KRS 229.071,
229.081,
229.091,
229.111,
229.171,
229.180,
229.200,
229.991
