Section 192.504. Mandatory drug testing.

 

(1)  Contestants may not engage in the personal use of drugs, including all anabolic steroids or controlled substances, pursuant to s. 444.095 (3) (c) , Stats., while participating in a bout, except when prescribed, dispensed or administered by a licensed physician or dentist for a legitimate medical condition.

(2)  To exercise the exception in sub. (1) , the contestant shall provide written notice or a prescription to the department before participating in any event. The written notice or prescription shall contain the name of the substance, the quantity and dosage or the substance prescribed, and the name, address and telephone number of the physician or dentist prescribing the substance.

(3)  Contestants may not be under the influence of alcohol while participating in a bout.

(4)  The commissioner, department representative, or ringside physician may require any contestant to submit to a drug test, including the testing of urine, hair, or blood specimens.

(5)  The department representative or ringside physician may require a contestant to submit to testing for the presence of alcohol, drugs, controlled substances, or steroids at any time after the official weigh-in, on the day of the bout in which the contestant is participating, or within 24 hours of competing in a bout based on reasonable cause or random selection.

(6)  Grounds for reasonable cause include any of the following:

(a) The commissioner, inspector, department representative, or ringside physician observes the contestant or receives information that a contestant is under the influence of alcohol, drugs, controlled substances or steroids.

(b) The contestant has previously tested positive for drugs, controlled substances or steroids.

(7)  The random testing of contestants competing in a bout shall be conducted by the inspector or department representative. The department representative shall determine the number of random tests for each event. Both contestants competing in a selected bout shall submit to a drug test.

(8)  The collection of specimens from contestants for drug testing shall be taken in the presence of the inspector, department representative, or ringside physician in a manner prescribed by the official. Specimens may include urine, hair samples, or blood. Specimens shall be tested at a facility acceptable to the department. Results of all drug tests shall be submitted directly to the department.

(9)  If laboratory testing of a contestant's specimen test positive for any alcohol, drug, controlled substance, anabolic steroids or illegal enhancement substances, the contestant shall be disciplined. A contestant who is disciplined and who was the winner of a contest shall be disqualified and the decision shall be changed to no contest. The results of a contest shall remain unchanged if a contestant who is disciplined was the loser of the contest.

(10)  If the laboratory test results prove to be negative or inconclusive, no action shall be taken and all results of the contestant's bout shall stand.

(11)  Contestants who are prohibited, restrained, disqualified, or are otherwise ineligible to compete in another state or jurisdiction due to a disciplinary action that involves the use of drugs may not compete in any department authorized event until such time as the period of prohibition, restraint, disqualification, or ineligibility is completed or removed and subject to the approval of the commissioner, or department representative.

(12)  Subject to the discretion of the commissioner, or department representative, a contestant with a previous disciplinary action in another state or jurisdiction may be required to take a drug test before being allowed to compete in any department authorized event.

(13)  The promoter shall be responsible for the costs of testing contestants for drugs. Any requests for follow-up or additional testing shall be the financial responsibility of the contestant.

EmR1032 : emerg. cr., eff. 9-1-10; CR 10-102 : cr. Register April 2011 No. 664 , eff. 5-1-11; CR 14-013 : renum. 192.504 from section SPS 196.03 and am. (1) to (4), (6) (intro.), (11) Register August 2014 No. 704 , eff. 9-1-14.