W. Va. Code R. § 177-1-52

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 177-1-52 - Drug Testing

52.1. In order to ensure the safety of all contestants and to protect the integrity of professional, semi-professional, and amateur boxing, the Commission herein prohibits the use of alcohol and any "controlled substance" as defined under Chapter 60A of the West Virginia Code by any licensed contestant while participating in an event regulated by the Commission unless the contestant has a legal prescription for the controlled substance.

52.2. During an event regulated by the Commission, a contestant shall not be under the influence of alcohol or a controlled substance for which he or she does not have a legal prescription.

52.2.a. While under the influence of alcohol or a controlled substance for which he or she does not have a legal prescription, a contestant shall not be permitted to participate in any bout sanctioned by the Commission.

52.3. Acting with good cause, a member of the Commission, deputy commissioner, or inspector may direct any contestant to submit a sample of his or her urine for testing. Samples or tests pursuant to the requirement of this rule may be requested at any time on the day of the bout or event in which the contestant is participating.

52.3.a. Initial Test - if a contestant is selected by good cause for a test on the day of the bout or event, the person designated by the Commission shall perform an initial urinalysis.

52.3.b. If the initial test results are negative or inconclusive for a controlled substance, no action shall be taken.

52.3.c. If the initial test is positive for a controlled substance, the contestant shall not be permitted to participate in a bout unless the contestant can demonstrate at the time of the initial test that he or she has a legal prescription for the controlled substance.

52.4. A positive result in the initial test for any controlled substance, for which - at the time of the test - the contestant does not have a legal prescription shall constitute cause for the Commission to revoke, suspend, or place on probation the license of any fighter licensed under this Title. Following a decision by the Commission which revokes, suspends, or gives probation based on a violation under this section, the licensee affected by the decision has the right to a review of the decision under the procedures set out in Section 177-1-10 of this Rule.

52.5. Refusal of any contestant to supply a urine sample when requested by a person designated by the Commission shall constitute a failed test and subject the contestant to a suspension of not more than one year. A second and all subsequent failures or refusals to provide a requested urine or blood sample shall be considered grounds for license revocation.

W. Va. Code R. § 177-1-52