Nev. Admin. Code § 467.571 - Anti-doping violation: Presence of prohibited substance; disciplinary action; exception; consequences for violation

1. Except as otherwise provided in this section and NAC 467.583, if a test of a sample or specimen of an unarmed combatant by a laboratory approved by the Commission pursuant to subsection 3 of NAC 467.570, or a laboratory approved and accredited by the World Anti-Doping Agency identifies the presence of a prohibited substance or its metabolites or markers in the sample or specimen, the unarmed combatant has committed an anti-doping violation and is subject to disciplinary action by the Commission. A violation of this subsection is established by any of the following:

(a) The presence of any quantity of a prohibited substance or its metabolites or markers in the A sample or specimen of an unarmed combatant if the unarmed combatant waives analysis of his or her B sample or specimen and the B sample or specimen is not analyzed. An unarmed combatant shall be deemed to have waived analysis of his or her B sample or specimen if the unarmed combatant fails to provide a written request for such analysis to the Commission within 20 days after the date a complaint alleging an anti-doping violation is served on the unarmed combatant.

(b) If the B sample or specimen of an unarmed combatant is analyzed, the analysis of the B sample or specimen confirms the presence of any quantity of the prohibited substance or its metabolites or markers as found in the A sample or specimen of the unarmed combatant.

(c) If the B sample or specimen of an unarmed combatant is split into two bottles, the analysis of the second bottle confirms the presence of any quantity of the prohibited substance or its metabolites or markers as found in the first bottle.

2. It is the duty of each unarmed combatant to ensure that no prohibited substance enters his or her body, and an unarmed combatant is responsible for the presence of any prohibited substance or its metabolites or markers found to be present in his or her sample or specimen. To establish a violation of this section, it is not necessary to establish that the unarmed combatant intentionally, knowingly or negligently used a prohibited substance or that the unarmed combatant is otherwise at fault for the presence of the prohibited substance or its metabolites or markers found to be present in his or her sample or specimen.

3. Except as otherwise provided in this subsection, an unarmed combatant does not violate the provisions of this section if:

(a) The quantity of the prohibited substance or its metabolites or markers found to be present in the A sample or specimen of the unarmed combatant does not exceed the threshold for the prohibited substance or its metabolites or markers established in the Prohibited List or the Technical Documents published by the World Anti-Doping Agency, including, without limitation, the Decision Limits for the Confirmatory Quantification of Threshold Substances.

(b) The special criteria in the Prohibited List for the evaluation of a prohibited substance that can be produced endogenously indicate that the presence of the prohibited substance or its metabolites or markers found to be present in the A sample or specimen of the unarmed combatant is not the result of his or her use of a prohibited substance.

The provisions of this subsection do not apply to the analysis of the B sample or specimen of an unarmed combatant.

4. Except as otherwise provided in NAC 467.574 to 467.578, inclusive, an unarmed combatant who violates any provision of this section:

(a) Is ineligible to engage in unarmed combat in this State for a period of at least 9 months but not more than 24 months, as determined by the Commission.

(b) Will be fined by the Commission in an amount equal to at least 15 percent but not more than 30 percent of his or her purse.

5. As used in this section:

(a) "A sample or specimen" means the primary sample or specimen used to test for the presence of a prohibited substance.

(b) "B sample or specimen" means the sample or specimen used to confirm or invalidate the presence of a prohibited substance in the A sample or specimen.

Notes

Nev. Admin. Code § 467.571

Added to NAC by Athletic Comm'n by R062-16A, eff. 9/9/2016; A by R089-22A, eff. 12/29/2022

NRS 467.030, 467.153