(A) In order to ensure the safety of all
contestants and to protect the integrity of boxing, wrestling, tough person,
kickboxing
kick
boxing, karate, mixed martial arts or other unarmed combat sport exhibitions regulated by the Ohio
athletic commission, the commission hereby regulates the use of any alcohol,
drug of abuse, steroids or any documented illegal enhancement substances, as
governed by division (A) of section
3719.011
of the Revised Code, by any licensed contestant while training for or
participating in an event regulated by the Ohio athletic commission.
(B) The personal use of any alcohol or drug
of abuse as defined in division (A) of section
3719.011
of the Revised Code is prohibited without a legal prescription. Acting with
reasonable cause, or through random selection, the executive director,
inspector, or any investigator employed by the Ohio athletic commission may
direct any contestant to submit a sample of their urine or blood. The sample
shall be taken in the presence of the commission's inspector, physician or
other representative designated by the commission, and in the manner prescribed
by the commission
:
.
(1) Urine shall be placed in two
separate containers.
(2) Each container shall be clean
and marked either A and B or 1 and 2.
(3) Each container will have the
name of the contestant, their signature; the name of the person administering
the test and the date of test.
(4) The first bottle A or 1 will be
used for the first test performed.
(5) If the results of the first test
are negative, the second bottle B or 2 will be destroyed.
(C) If the preliminary test of the
first bottle A or 1 is found positive for alcohol or drugs of abuse, steroids
or any documented illegal enhancement substances, the commission will
immediately contact the affected contestant and inform them that the second
bottle B or 2 will be sent to a certified testing laboratory approved by the
state of Ohio, to confirm if the results of the preliminary test were accurate.
If no instant preliminary test is given then bottle A or 1 will be sent as well
as bottle B or 2.
(D)
(C)
Such samples or tests pursuant to the
requirements of this rule may be requested at any time on the day of the bout
or event in which the contestant is participating, or within twenty-four hours
thereafter.
(E)
(D)
Any random
selection may be witnessed by the contestants participating in the event or
their representatives. The executive director shall determine the number of
random samples to be taken for each event.
(F)
(E)
Because of the importance of championship or
title bouts, all professional and amateur
contestants in such events shall be subject to mandatory alcohol or
drug testing, steroids or any documented illegal enhancement substances, amateur championship or title bouts may be randomly
tested. Promoters will be assessed a fee of one hundred dollars for
professional title bouts and fifty dollars for any amateur title bouts that are
drug tested. This fee will be paid directly to the laboratory through the
athletic commission.
(G)
(F)
Failure of any contestant to supply a urine or
blood sample when requested by one or more of the
persons
a person designated by the Ohio
athletic commission, shall subject the contestant to a suspension of not more
than one year for the first offense. A second and all subsequent failures or
refusals to provide a requested urine or blood sample shall be considered as
grounds for license revocation.
(H)
(G)
The commission may withhold the contestant's
purse until the results of the test are concluded. If the laboratory test
concludes that the preliminary tests were accurate and the contestant was in
violation of division (A) of section
3719.011
of the Revised Code. The Ohio athletic commission shall administer appropriate
disciplinary action under section
3773.53 of
the Revised Code.
(I)
(H)
A contestant whose
license is suspended or revoked under this rule and was declared the winner of
the contest shall be disqualified, and the decision of the contest shall be
changed to "no contest." The results of the contest shall remain unchanged if
the contestant who is suspended or revoked under this rule was the loser of the
contest.
(J)
(I)
If the laboratory
test results prove to be negative or inconclusive, no action shall be taken and
all results of the bout will stand.
(K)
(J)
If the laboratory test results are positive
involving a urinalysis or blood, disclosing the presence of any alcohol or drug
of abuse, steroids or any documented illegal enhancement substances, prohibited
in this rule, the contestant will be suspended for a period of not more than
one year, will be assessed a fine and must pay for all fees for any laboratory
tests. The contestant will remain suspended until all fines and fees are paid.
The contestant may appeal by registered mail to the executive director or
commission for a hearing within thirty days of the mailing date of the notice
of the suspension.
(L)
(K)
Upon any second
offense involving urinalysis or blood, disclosing the presence of any alcohol
or drug of abuse, steroids or any documented illegal enhancement substances
prohibited in this rule, in addition to any suspension, fine or revocation
ordered by the commission, the contestant will be prohibited from participating
in any event in the state of Ohio until they have voluntarily enrolled in a
rehabilitation program certified by the Ohio department of mental health,
bureau of drug abuse, or the "Joint Commission on Accreditation of Hospitals,"
and submit a report from said program indicating the contestant's satisfactory
attendance and completion of the program.
(M)
(L)
Contestants who are prohibited from competing in
other states or jurisdictions for any drug violation shall be prohibited from
competing in the state of Ohio.
(N)
(M)
In the event any contestant subject to this rule
is taking a substance pursuant to a valid prescription on order from a licensed
physician or dentist, it shall be that contestant's responsibility to give
written notice of same to the commission or its representatives prior to
participating in any event. The written notice shall contain the following:
(1) Name of the substance.
(2) The quantity and dosage of the substance
prescribed.
(3) The name, address
and telephone number of the physician or dentist prescribing the
substance.
(O)
(N)
All preliminary urinalysis or blood tests shall
be conducted at the expense of the Ohio athletic commission. Any appeal of any
laboratory tests that prove positive the expenses shall be paid by the
contestant. Failure of the contestant to pay expenses within thirty days of
receiving notice will result in the immediate suspension of the contestant,
until fees are paid.
(P)
(O)
The contestant may
waive in writing submitting to any follow-up tests and accept the results of
the preliminary test. Failure to notify the commission to waive submitting to
any follow-up tests within seventy-two hours of the original test will consider
the test results final.
(Q)
(P)
Any licensee alleged to be in violation of this
rule by the commission may request a hearing in accordance with the provisions
of Chapter 119. of the Revised Code and rule
3773-1-11 of the Administrative Code.
