Utah Admin. Code 457-1-507

Current through Bulletin 2025-01, January 1, 2025
Section 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.

Utah Admin. Code R457-1-507

Adopted by Utah State Bulletin Number 2023-17, effective 8/18/2023
Amended by Utah State Bulletin Number 2024-05, effective 2/20/2024