Ohio Administrative Code › Title 3773 - Ohio Athletic Commission › Chapter 3773-1 - General Provisions › Section 3773-1-12 - Drug testing

Current through all regulations passed and filed through July 1, 2024
(A) In order to ensure the safety of all
			 contestants and to protect the integrity of boxing, wrestling, tough person,
			 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.
(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.
(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.
(E)
								 Because of the importance of championship or
			 title bouts, all professional  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.
(F)
								 Failure of any contestant to supply a urine or
			 blood sample when requested by 
								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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.