Unless a therapeutic use exemption (TUE) has been granted in accordance with this section, the Commission may take disciplinary action against a contestant's license, or bar a contestant's participation in any bout, if it finds that the contestant, at any time before or during a contest, has used any prohibited substance or prohibited method as established in the current version of The World Anti-Doping Code, The Prohibited List International Standard (Prohibited List) as adopted by World Anti-Doping Agency (WADA) (https://www.wada-ama.org/en/resources/science-medicine/prohibited-list) as of October 15, 2018. Any changes made to the Prohibited List after October 15, 2018 shall be voted on and approved by the District of Columbia Boxing and Wrestling Commission prior to adoption and publication in the District of Columbia Register.
All contestants licensed by the commission may be required to submit to testing for prohibited substances at any time.
Any contestant who has at any time tested positive for a prohibited substance or prohibited method that has been confirmed by any state athletic commission shall be required to provide a urine specimen for drug testing prior to competing in any bout.
Contestants with documented medical conditions requiring the use of a prohibited substance or a prohibited method may be granted a TUE from the Commission.
A TUE shall not be granted for any form of Testosterone Replacement Therapy, including any use of natural or synthetic testosterone to treat or replace testosterone deficiency in men, except as required by law.
A contestant may request a TUE, no less than thirty (30) days prior to an event, by submitting a request form prescribed and provided by the Commission.
Each of the following shall accompany the TUE request form:
No less than five (5) days before a scheduled bout, a licensee requesting a TUE shall be subject to a pre-fight drug test by a certified laboratory designated by the Commission. If the laboratory determines that a value for the therapeutic agent in question is found to be out of the normal range, the contestant's medical provider should take action to correct the level by repeating the lab and/or adjusting medication appropriately, which must be documented in records submitted to the Commission.
On the day of the bout, a licensee requesting a TUE shall be subject to drug testing for agent specific levels by a certified laboratory designated by the Commission.
The Commission shall waive the time period specified in § 2030.6 for submitting a request, and may retroactively approve a request for TUE, in cases where emergency treatment or treatment of an acute medical condition was medically necessary.
All costs of providing information to provide a complete TUE request process shall be the contestant's responsibility.
Any request approved pursuant to this section shall be valid for one approved competition. If a contestant intends to compete in any future event or competition that may subject the contestant to drug testing by the Commission, the contestant must submit a separate request for a TUE for any prohibited substance in advance of such event or competition in accordance with the provisions of this section.
The Commission may deny a request for a TUE without further action under the following circumstances:
If the Commission reasonably determines that a TUE request has been submitted for the purpose of enhancing the contestant's performance and/or giving the contestant an advantage over his/her competitor(s), the Commission shall deny the request.
A TUE shall not be granted when the Commission reasonably concludes that denying the TUE request is in the best interests of protecting the public, or the health and safety of licensed contestants.
If a request for TUE is denied pursuant to §§ 2030.14 or 2030.15, the Commission shall provide the licensee with a notice of the intended action and an opportunity for a hearing in accordance with § 2043 of this chapter.
Information provided to or obtained by the Commission pursuant to this section, including the identity of persons providing such information and the reports or documents provided by health care providers and medical facilities pursuant to § 2030.7, as well as files, records, findings, opinions, recommendations, evaluations, and reports of the Commission, shall be confidential and shall only be subject to disclosure for the purposes of an administrative proceeding held pursuant to §§ 2030.16 and 2043 of this chapter.
Information gathered by the Commission pursuant to this section shall not be used for any purpose other than making a determination of eligibility for a TUE. The information shall not be disclosed by any person under any circumstances, except that such data in the aggregate may be published in the annual report by the Commission.
D.C. Mun. Regs. tit. 19, r. 19-2030