Department of Oregon State Police, State Athletic Commission, Chapter 230
Rule Caption: Amends rule to authorize the OSP Superintendent to waive medical requirements for referee applicants.
Adm. Order No.: SAC 1-2012(Temp)
Filed with Sec. of State: 7-12-2012
Certified to be Effective: 7-12-12 thru 8-12-12
Notice Publication Date:
Rules Amended: 230-020-0300
Subject: Oregon Revised Statute (ORS) 463.113(1) authorizes the Oregon Athletic Commission (Commission) to adopt administrative rules for “* * * conducting professional boxing and mixed martial arts events that promote the safety and best interest of the contestants and of the public.” Similarly, ORS 463.113(2) authorizes the Oregon Department of State Police (OSP) Superintendent to “* * * adopt and enforce rules for conducting professional boxing and mixed martial arts events that promote the safety and best interest of the contestants and of the public.” In addition, ORS 463.165(2) provides, in pertinent part, that the Commission “* * * shall recommend, and the superintendent shall adopt without change, reasonable qualifications for licensure as a promoter, manager, matchmaker, professional boxer, professional or amateur mixed martial arts competitor, judge, referee, second or timekeeper.” The Commission and OSP Superintendent have previously adopted administrative rules for professional boxing and mixed martial arts events, including Oregon Administrative Rule (OAR) 230-020-0300 which sets out medical requirements for licensure of boxers, mixed martial arts competitors, and referee applicants. Under that rule, prior to refereeing any professional boxing or mixed martial arts event, referee applicants must undergo a physical examination by a physician approved by the Commission, and the physical examination must be accompanied by a witnessed collection of lab specimens from the referee applicant.
OAR 230-020-0300 is an administrative rule that the Commission recommended to the Superintendent when the rule was adopted in 2008. Pursuant to ORS 463.165(2), the Commission has recently recommended that the administrative rule be amended to authorize the OSP Superintendent to waive any medical requirement(s) for referee applicants based on the OSP Superintendent’s finding that an emergency exists. Amendment of OAR 230-030-0300 is necessary to formally adopt the Commission’s recommendation into the rule and carryout the requirement of ORS 163.165(2) that the OSP Superintendent adopt “without change,” the Commission’s recommended reasonable qualifications for inter alia referee applicants. The amendment contained in temporary OAR 230-030-0300 incorporates the Commission’s recent recommendations and specifically authorizes the OSP Superintendent to waive any medical requirement(s) for referee applicants based on the OSP Superintendent’s finding that an emergency exists.
Rules Coordinator: Shannon Peterson—(503) 934-0183
Medical Requirements for Licensure
Medical Examination of Boxer, Mixed Martial Arts Competitor and Referee Applicants.
(1) Any applicant for a license as a boxer or professional mixed martial arts contestant or as a referee, who resides in this state at the time of application shall be examined by a physician approved by the commission pursuant to 230-020-0215.
(2) Physicals must be accompanied by the witnessed collection of lab specimens accomplished at the time of the examination. Results of the examination, with reports of the laboratory analysis of the specimens attached to the examination form, must be submitted directly to the Commission on a form provided by the Commission.
(3) An applicant for a license as a boxer, professional mixed martial arts competitor, or referee who does not reside in Oregon at the time of application may submit proof of medical qualification if the examination is performed by a physician authorized to perform such examinations by the state or nation in which the examination is conducted and if it is conducted in accordance with Commission’s instructions including the use of applicable forms provided by the Commission.
(4) Annual renewal examination. Any boxer’s, professional mixed martial arts competitor’s, or referee’s renewal application must be accompanied by a report of an updated medical exam. The examining physician may require laboratory testing at the applicant’s expense, if in the judgment of the physician the applicant’s win/loss record, number of TKOs, age, or other history warrants the testing. The results of the medical examination, including the results of laboratory tests, should be submitted at least 14 days prior to renewal date. Any delay in submitting the report of the results of the medical examination or the laboratory tests may delay a decision on the renewal of the license.
(5) Boxer, mixed martial arts competitor, or referee applicants for initial or renewal licensing must also submit evidence that the applicant has, within the previous 30 days, been administered an HIV test for the presence of AIDS antibodies and that the results of such test were negative.
(6) Boxer, mixed martial arts competitor, or referee applicants for initial or renewal licensing must also submit evidence that the applicant has, within the previous 30 days, been tested for Hepatitis B and Hepatitis C and that the results of such tests were negative.
(7) An applicant for renewal of a license as a boxer or mixed martial arts competitor and the applicant’s manager are jointly responsible for submitting the report of the results of the medical examination and laboratory testing, including HIV test.
(8) An application for a license or for renewal of a license as a boxer, mixed martial arts contestant, or referee will be denied if the applicant’s medical examination indicates the presence of prohibited substances, as described in OAR 230-020-0450. The Superintendent will not consider a reapplication for a period of 30 days from the date of denial. If, after reapplication, a second test reveals the presence of prohibited substance, the Superintendent will not consider a reapplication for a period of 180 days from the date of the first license denial under this section.
(9) The Superintendent may waive any medical requirements for referee applicants if the Superintendent determines that an emergency exists.
Stats. Implemented: ORS 463.025 & 463.113
Hist.: BWC 1-1988, f. 3-22-88, cert. ef. 3-29-88; BWC 1-1991, f. & cert. ef. 9-20-91, Section (4) renumbered from 230-060-0120(3) & section (5) renumbered from 230-060-0120(4); BWC 1-1995, f. 10-10-95, cert. ef. 10-13-95; SAC 5-2008, f. 6-12-08, cert. ef. 7-1-08; SAC 1-2012, f. & cert. ef. 7-12-12 thru 8-12-12