20100929-IR-068100608ERA Temporarily adds rules concerning the regulation of amateur unarmed combat, including licensure of promoters and sanctioning bodies. Statutory authority: IC 4-33-22-18. Effective September 16, 2010.

TITLE 68 INDIANA GAMING COMMISSION

Emergency Rule LSA Document #10-608(E)

DIGEST

Temporarily adds rules concerning the regulation of amateur unarmed combat, including licensure of promoters and sanctioning bodies. Statutory authority: IC 4-33-22-18. Effective September 16, 2010.

SECTION 1. (a) This SECTION applies to amateur unarmed combat.

(b) The following definitions apply throughout this document unless otherwise indicated:

(1) "Amateur unarmed competitor" means an individual participating in mixed martial arts under IC 4-33-22-18 who:

(A) has never received a purse or prize with a value greater than one hundred dollars ($100) in any state, country, or tribal nation; and

(B) does not hold a license as a professional unarmed competitor issued by the commission.

(2) "Amateur unarmed combat bout" means a bout in which only:

(A) mixed martial arts is conducted; and

(B) amateur unarmed competitors participate.

(3) "Amateur unarmed combat event" means an event in which only a series of amateur unarmed combat bouts occur.

(4) "Commission" means the Indiana gaming commission.

(5) "Commission representative" means any individual appointed by the executive director or his designee to attend an event for purposes of ensuring compliance with all requirements of IC 4-33-22 and this document.

(6) "Company" means a:

(A) sole proprietorship;

(B) general partnership;

(C) corporation;

(D) limited liability company;

(E) limited partnership;

(F) limited liability partnership;

(G) firm;

(H) club; or

(I) association.

(7) "Confirmed positive test result" means a result of a test, conducted in accordance with the procedures in this document, indicating the presence of a prohibited drug.

(8) "Drug" means a substance that is one (1) of the following:

(A) Recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official national formulary, or a supplement to one (1) or more of them.

(B) Intended for use in the:

(i) diagnosis;

(ii) cure;

(iii) mitigation;

(iv) treatment; or

(v) prevention;

of disease in humans or other animals.

(C) Intended to affect the structure or a function of the body of a human or other animal, not including food.

(D) Intended for use as a component of another substance described in clause (A), (B), or (C).

(9) "Event" means:

(A) a professional-amateur unarmed combat match, contest, exhibition, or performance; or

(B) an amateur unarmed combat match, contest, exhibition, or performance.

(10) "Event physician" means an individual licensed as a physician under IC 25-22.5 who has been:

(A) retained by a promoter; and

(B) approved by the sanctioning body;

to serve as the physician at an event.

(11) "Executive director" means the executive director of the Indiana gaming commission.

(12) "Fighting area" means a:

(A) roped area; or

(B) caged area;

in which amateur unarmed combat bouts are conducted.

(13) "Key person" means any:

(A) officer;

(B) director;

(C) executive;

(D) employee;

(E) trustee;

(F) substantial owner;

(G) independent contractor; or

(H) agent;

of a business entity, having the power to exercise, either alone or in conjunction with others, management or operating authority over a business entity or affiliate or affiliates thereof.

(14) "Laboratory" means a health care facility which conducts testing for:

(A) the presence of antibodies to the human immunodeficiency virus (HIV);

(B) the presence of the surface antigen of the hepatitis B virus;

(C) the presence of antibodies to the hepatitis C virus;

(D) pregnancy; and

(E) the presence of drugs.

(15) "Officials" means the judges, referees, and timekeepers serving in an official capacity during an event.

(16) "Professional-amateur unarmed combat event" means an event in which both amateur unarmed combat bouts and professional unarmed combat bouts occur.

(17) "Professional unarmed competitor," as defined in IC 4-33-22-8, means a person who:

(A) has received, has been eligible to receive, or is presently eligible to receive a purse or prize with a value greater than one hundred dollars ($100) for participating in an unarmed combat bout in any other state, country, or tribal nation; and

(B) satisfies the commission's requirements for licensure as a professional unarmed competitor.

(18) "Professional unarmed combat bout" means an unarmed combat bout in which only professional unarmed competitors participate.

(19) "Prohibited drugs" means a drug that falls within one (1) of the following classes or types of substances:

(A) Opiates.

(B) Methadone.

(C) Barbiturates.

(D) Amphetamines.

(E) Benzodiazepines.

(F) Propoxyphene.

(G) Cocaine.

(H) PCP.

(I) Anabolic steroids.

(J) Performance enhancing drugs.

(K) Any drug identified on the most current edition of the Prohibited List published by the World Anti-Doping Agency.

(L) A drug other than one that has been either:

(i) purchased legally without a prescription, if a medical professional acting within the scope of his or her license or certification has certified that the drug will not affect the amateur unarmed competitor's ability to participate safely in a bout and the event physician agrees; or

(ii) obtained by the amateur unarmed competitor under a valid prescription or order of a licensed or certified medical professional acting within the scope of his or her license or certification, if the medical professional has certified that the drug will not affect the amateur unarmed competitor's ability to participate safely in a bout and the event physician agrees.

(20) "Purse" means:

(A) a monetary payment; or

(B) any good or service with pecuniary value;

received for participating in an unarmed combat bout.

(21) "Sanctioning body" means an individual or company licensed by the commission under IC 4-33-22-18 and this document to provide oversight of:

(A) the amateur unarmed combat bouts at a professional-amateur unarmed combat event; and

(B) an amateur unarmed combat event.

(22) "Substantial owner" means any:

(A) person who is not an institutional investor, who holds any direct, indirect, or attributed legal or beneficial interest, and whose combined direct, indirect, or attributed interest is five percent (5%) or more ownership interest in a business entity; or

(B) institutional investor holding fifteen percent (15%) or more ownership interest in a business entity.

SECTION 2. (a) This SECTION applies to amateur unarmed combat.

(b) All applications for licensure and renewal are subject to the following nonrefundable, nontransferable fees, which are to be paid to the commission:

	(1) Unarmed combat promoter	$300
	(2) Amateur unarmed combat sanctioning body	$500

(c) The licenses listed in subsection (b) expire on September 30 of each year.

(d) All licenses must be renewed by paying the renewal fee and submitting the completed appropriate renewal form on or before the expiration date of the license.

(e) If a licensee fails to pay the renewal fee and submit the completed renewal form on or before the expiration date of the license, the license becomes invalid.

(f) For an amateur unarmed competitor to obtain or renew a mixed martial arts national identification card, he or she must pay a nonrefundable, nontransferable fee of ten dollars ($10) to the commission.

(g) An amateur unarmed competitor must pay to the commission a replacement fee of twenty dollars ($20) for each replacement mixed martial arts national identification card.

SECTION 3. (a) This SECTION applies to amateur unarmed combat.

(b) Any individual or company who seeks to act as a promoter for an event must first obtain a license as a promoter from the commission under IC 4-33-22.

(c) An applicant for a promoter's license must submit to the commission the following:

(1) A completed promoter's application form, as prescribed by the commission.

(2) A clear photocopy of a current government issued photographic identification card, which affirms that the:

(A) individual, if the applicant is a sole proprietorship; or

(B) principal owner, if the applicant is a company;

is at least twenty-one (21) years of age.

(3) One (1) digital photograph of the:

(A) individual, if the applicant is a sole proprietorship; or

(B) the principal owner, if the applicant is a company;

which shows head and shoulders only, without a hat, and in a natural pose.

(4) The application fee required under this document.

(5) Any information necessary for the commission to conduct a criminal history background check for the following:

(A) the individual, if the applicant is a sole proprietorship; or

(B) if the applicant is a company, all substantial owners or key persons, as defined in this document, identified by the executive director or his designee.

(6) Any additional information requested by the commission which is necessary to determine applicant's suitability to act as a promoter under IC 4-33-22-18 and this document.

SECTION 4. (a) This SECTION applies to amateur unarmed combat.

(b) Any individual or company who seeks to act as a sanctioning body for an event must first obtain a license as a sanctioning body from the commission.

(c) An applicant for a sanctioning body license must submit to the commission the following:

(1) A completed sanctioning body application form, as prescribed by the commission.

(2) A clear photocopy of a current government issued photographic identification card, which affirms that the:

(A) individual, if the applicant is a sole proprietorship; or

(B) the principal owner, if the applicant is a company;

is at least twenty-one (21) years of age.

(3) One (1) digital photograph of the:

(A) individual, if the applicant is a sole proprietorship; or

(B) principal owner, if the applicant is a company;

which shows head and shoulders only, without a hat, and in a natural pose.

(4) The application fee required under this document.

(5) Any information necessary for the commission to conduct a criminal history background check for:

(A) the individual, if the applicant is a sole proprietorship; or

(B) if the applicant is a company, all substantial owners or key persons, as defined in this document, identified by the executive director or his designee.

(6) Any additional information requested by the commission which is necessary to determine applicant's suitability to act as a promoter.

(d) A key person, substantial owner, or employee of a promoter is prohibited from obtaining a license as a sanctioning body.

SECTION 5. (a) This SECTION applies to amateur unarmed combat.

(b) In addition to items required under SECTION 4 [of this document], an applicant for a license as a sanctioning body must provide to the commission its proposed policies, rules, and regulations for providing oversight of an event.

(c) The proposed policies, rules, and regulations required under this SECTION must include:

(1) The fees to be charged by the applicant for providing oversight at an event.

(2) The criteria for assigning officials to amateur unarmed combat bouts at an event.

(3) Information concerning any training programs or certifications the applicant requires of officials it assigns to an event.

(4) Identification of the types of actions that will be considered a foul during an amateur unarmed combat bout.

(5) Information regarding:

(A) weight classes;

(B) maximum weight differentials between opponents in different weight classes; and

(C) official weigh-in requirements;

for amateur unarmed competitors at an event.

(6) A procedure to ensure the promoter provides adequate security for the protection of the participants at an event.

(7) A procedure for the administration of screening tests for illegal drugs of amateur unarmed competitors participating at an event.

(8) A procedure to ensure that professional unarmed competitors do not participate in any amateur unarmed combat bouts.

(9) The proposed bout restrictions for nonchampionship and championship bouts, which shall not exceed:

(A) three (3) rounds of not more than three (3) minutes duration per round for nonchampionship bouts; and

(B) five (5) rounds of not more than three (3) minutes duration per round for championship bouts.

(10) The proposed mandatory rest period each amateur unarmed competitor must take between competing in each unarmed combat event, which shall be no fewer than seven (7) days.

(11) The proposed scoring system to be used by judges of an amateur unarmed combat bout.

(12) A requirement that each amateur unarmed competitor competing in an event has obtained a mixed martial arts national identification card from any state, country, or tribal nation recognized by the Association of Boxing Commissions.

(13) A requirement that no participant in an event is less than eighteen (18) years of age.

(14) A procedure for approving or denying fight cards.

(15) A procedure for verifying pre-fight medical tests occur timely.

(16) A procedure outlining action to be taken against an amateur unarmed competitor who has been found to have a prohibited drug in his or her system.

(17) A procedure for ensuring that no amateur unarmed competitor participates in an event while under suspension in the website registry certified and operated by the Association of Boxing Commissions.

(18) A procedure for determining any suspensions against an amateur unarmed competitor which may be issued by the sanctioning body.

(19) Any information necessary for the commission, the executive director, or the executive director's designee to determine that the sanctioning body is suitable to ensure the integrity of amateur unarmed combat and the safety of amateur unarmed competitors.

(d) The commission may deny a license to an applicant if the policies and procedures submitted to the commission under this SECTION are insufficient to ensure the safety of amateur unarmed competitors or the integrity of amateur unarmed combat.

(e) In determining the sufficiency of an applicant's proposed policies, rules, and regulations, paramount consideration will be given to whether the policies, rules, and regulations are likely to adequately ensure the:

(1) Integrity of amateur unarmed combat.

(2) Safety of the amateur unarmed competitors.

(f) A sanctioning body must submit all amendments of the policies and procedures required under this SECTION to the commission for approval.

(g) Failure of a sanctioning body to enforce the policies submitted to and approved by the commission under this SECTION may result in disciplinary action against the sanctioning body under IC 4-33-22, IC 4-21.5, and this document.

SECTION 6. (a) This SECTION applies to amateur unarmed combat.

(b) This SECTION shall become effective November 1, 2010.

(c) A promoter who wishes to promote an event must provide to the commission the following information not fewer than fourteen (14) days before the proposed event:

(1) The name and license number of the unarmed combat promoter.

(2) The proposed date and starting time of the event.

(3) The name of the venue, including the address, where the event will take place.

(4) The name of the sanctioning body that will be providing regulatory oversight at the event, including the:

(A) name;

(B) telephone number; and

(C) e-mail address;

of the primary contact person for that event.

SECTION 7. (a) This SECTION applies to amateur unarmed combat.

(b) This SECTION shall become effective November 1, 2010.

(c) The promoter of an event must submit to the sanctioning body, by the deadline established by the sanctioning body, the final proposed fight card for the event, including the following information for each amateur unarmed competitor:

(1) Name.

(2) Mixed martial arts national identification number.

(3) Laboratory results, not more than one (1) year old from the date of the event, affirming the negative test results of the amateur unarmed competitor for:

(A) antibodies to the human immunodeficiency virus (HIV);

(B) the surface antigen of the hepatitis B virus; and

(C) antibodies to the hepatitis C virus.

(4) A written statement from a licensed physician, not more than one (1) year old from the date of the event the amateur unarmed competitor seeks to participate in, affirming that the amateur unarmed competitor has undergone a thorough medical examination and is physically fit and qualified to participate in amateur unarmed combat.

(5) For female amateur mixed martial artists, laboratory results, not more than five (5) days old from the date of the event, affirming the negative test results for pregnancy.

(d) The sanctioning body must notify the commission immediately if the promoter has failed to submit any information required by this document by the sanctioning body's required deadline.

(e) An amateur unarmed competitor who fails to have the documentation required under this SECTION on file with the sanctioning body shall not be permitted to participate in an unarmed combat bout.

SECTION 8. (a) This SECTION applies to amateur unarmed combat.

(b) This SECTION shall become effective November 1, 2010.

(c) There must be present at each event a minimum of one (1) event physician licensed under IC 25-22.5 who has been:

(1) selected by the promoter; and

(2) approved by the sanctioning body.

(d) The sanctioning body, at its discretion, may require the promoter to provide additional licensed physicians for the event.

(e) An event physician must be present directly outside the fighting area to provide immediate emergency medical care at all times a bout is in progress.

(f) An event physician must:

(1) enter the fighting area immediately after the conclusion of a bout to examine each amateur unarmed competitor; and

(2) recommend to the sanctioning body any medical suspensions for the amateur unarmed competitors that the physician determines appropriate.

SECTION 9. (a) This SECTION applies to amateur unarmed competitor.

(b) This SECTION shall become effective November 1, 2010.

(c) When scheduled to participate in an amateur unarmed combat bout, an amateur unarmed competitor must be examined by the event physician no more than two (2) hours prior to the scheduled start time of the event.

(d) If the event physician so finds, he or she must certify, in writing, over his or her signature, that the amateur unarmed competitor is physically fit to participate in the event. The event physician's certification of physical fitness to participate must be delivered to a sanctioning body representative before the event.

(e) An amateur unarmed competitor who fails to obtain the event physician's certification of physical fitness required under this SECTION shall not be permitted to participate in an unarmed combat bout.

SECTION 10. (a) This SECTION applies to amateur unarmed combat.

(b) The promoter of an event must provide:

(1) a minimum of one (1) advanced life support ambulance, fully equipped in accordance with 836 IAC 2; and

(2) medical personnel to staff said ambulance who are certified under IC 16-31-3 to provide advanced life support patient care;

to be present on-site at all times to provide emergency medical services to the event participants while a bout is in progress.

(c) Certified medical personnel from the ambulance must be present directly outside the fighting area with all equipment required by the current protocols established by the medical director, as defined in 836 IAC 1, to provide immediate emergency medical care at all times while a bout is in progress.

(d) The sanctioning body must ensure that the proposed venue for the event is an appropriate distance from a hospital with a full-time emergency department and treatment facilities, as is determined by the sanctioning body.

SECTION 11. (a) This SECTION applies to amateur unarmed combat.

(b) This SECTION shall become effective November 1, 2010.

(c) The promoter of an event must obtain:

(1) medical benefit coverage for each amateur unarmed competitor participating in an amateur unarmed combat bout in an amount not less than five thousand dollars ($5,000), which shall provide for medical, surgical, and hospital care for injuries sustained by the amateur unarmed competitor while participating in the bout; and

(2) accidental death benefit coverage for each amateur unarmed competitor participating in an amateur unarmed combat bout in an amount not less than five thousand dollars ($5,000), which shall be paid to the amateur unarmed competitor's estate in the event of the amateur unarmed competitor's death resulting from participation in the bout.

(d) Deductibles for the required medical benefit coverage must be paid by the promoter.

(e) The promoter must submit proof to the sanctioning body, by the deadline established by the sanctioning body, that the required medical and accidental death benefit coverage required under this SECTION has been obtained for each amateur unarmed competitor participating in an amateur unarmed combat bout.

SECTION 12. (a) This SECTION applies to amateur unarmed combat.

(b) This SECTION shall become effective November 1, 2010.

(c) There must be present at each event at least one (1) representative from the sanctioning body chosen by the promoter and approved by the commission to provide for the on-site regulation of the event.

(d) The sanctioning body may send as many representatives as it determines is necessary.

(e) Each sanctioning body representative assigned to an event under this SECTION must be responsible for ensuring that all provisions of IC 4-33-22-18 and this document are strictly observed.

(f) The executive director or his designee may appoint a commission representative to be present at an event for purposes of ensuring compliance with IC 4-33-22 and this document.

(g) Commission representatives must be admitted free of charge, upon presentation of credentials issued by the commission, to an event.

(h) Fighting area apron seats must be provided to commission representatives who have been assigned by the executive director or his designee to observe the event.

(i) The sanctioning body representative or commission representative assigned to an event may cancel or delay the event if it does not meet the requirements of IC 4-33-22-18 or this document.

SECTION 13. (a) This SECTION applies to amateur unarmed combat.

(b) This SECTION shall become effective November 1, 2010.

(c) For each event at which a sanctioning body is responsible for providing on-site regulation, the sanctioning body must file with the commission a completed event report on forms prescribed by the commission, within five (5) business days of the conclusion of the event.

SECTION 14. (a) This SECTION applies to amateur unarmed combat.

(b) The following may not act as an event official for an amateur unarmed combat bout if they hold a promoter's license in Indiana:

(1) A sole proprietor.

(2) A company's:

(A) principal owner;

(B) substantial owner;

(C) key person;

(D) an employee; or

(E) an agent.

SECTION 15. (a) This SECTION applies to amateur unarmed combat.

(b) This SECTION shall become effective November 1, 2010.

(c) An amateur unarmed competitor is not permitted to participate at an event if the amateur unarmed competitor has a prohibited drug in his or her possession or control.

(d) The sanctioning body may order an amateur unarmed competitor scheduled to participate at an event to submit a test for the detection of a prohibited drug.

(e) Each amateur unarmed competitor participating in a championship amateur unarmed combat bout must submit to a test for prohibited drugs.

(f) On the day of the event, a representative of the sanctioning body will inform the amateur unarmed competitor that he or she has been selected for a test. The amateur unarmed competitor must submit to a test at the conclusion of the bout.

(g) Test results must be submitted by the laboratory directly to the sanctioning body within fourteen (14) days of the event. The sanctioning body may grant an extension if the results cannot be timely obtained.

(h) An amateur unarmed competitor may not refuse to submit to a test ordered under this document. An amateur unarmed competitor will be found to have failed the test if he or she refuses to submit to the testing procedures under this document.

SECTION 16. (a) This SECTION applies to amateur unarmed combat.

(b) This SECTION shall become effective November 1, 2010.

(c) If an amateur unarmed competitor has:

(1) a confirmed positive drug test result from a sample taken immediately following the amateur unarmed competitor's bout; or

(2) failed to submit to a test;

and was declared the winner of the bout, the official bout result shall be changed to no contest.

(d) If an amateur unarmed competitor has:

(1) a confirmed positive drug test result from a sample taken immediately following the amateur unarmed competitor's bout; or

(2) failed to submit to a test;

and was declared the loser of the bout, the official bout result shall remain unchanged.

SECTION 17. (a) This SECTION applies to amateur unarmed combat.

(b) This SECTION shall become effective November 1, 2010.

(c) A promoter must register each event with the website registry certified or operated by the Association of Boxing Commissions.

SECTION 18. (a) This SECTION applies to amateur unarmed combat.

(b) This SECTION shall become effective November 1, 2010.

(c) The sanctioning body responsible for providing oversight of an event must:

(1) Ensure the provisions of IC 4-33-22-18 and this document are enforced.

(2) Immediately advise the commission in the event the sanctioning body or a promoter violates a provision of IC 4-33-22-18 or this document.

(3) Provide the commission with the final fight card prior to the start of the event.

(4) Submit the:

(A) official results for all amateur mixed martial arts bouts; and

(B) recommended medical and nonmedical suspensions of any amateur unarmed competitor;

to the commission one (1) business day after the event for entry into the website registry certified or operated by the Association of Boxing Commissions.

(d) Failure of the sanctioning body or promoter to comply with the provisions of IC 4-33-22-18 and this document may result in:

(1) Cancellation of:

(A) a professional-amateur unarmed combat event; or

(B) an amateur unarmed combat event.

(2) Disciplinary action, including license suspension, revocation, or denial under IC 4-33-22 and IC 4-21.5.

SECTION 19. (a) This SECTION applies to amateur unarmed combat.

(b) The executive director or the commission may approve deviations from the provisions of this document if the executive director or the commission determines that the:

(1) procedure or requirement is impractical or burdensome; and

(2) alternative means of satisfying the procedure or requirement:

(A) fulfill the purpose of the document;

(B) are in the best interest of the public and the unarmed combat industry in Indiana; and

(C) do not violate IC 4-33-22.

(c) If a licensee wishes to request a deviation from the provisions of this document, the licensee must do so in writing.

LSA Document #10-608(E)

Filed with Publisher: September 16, 2010, 3:39 p.m.

Posted: 09/29/2010 by Legislative Services Agency

DIN: 20100929-IR-068100608ERA

Composed: Nov 01,2016 12:59:31AM EDT

A PDF version of this document.