RULES AND REGULATIONS
Title 58--RECREATION
STATE ATHLETIC COMMISSION
[58 PA. CODE CHS. 1 AND 21]
Communicable Disease Testing
[35 Pa.B. 5259] The State Athletic Commission (Commission) amends §§ 1.1 and 21.8 (relating to definitions; and boxers) as they pertain to the testing of professional boxers for communicable diseases to read as set forth in Annex A.
A. Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
B. Statutory Authority
The final-form rulemaking was authorized under 5 Pa.C.S. § 103 (relating to duties of commission), which authorizes the Commission to establish policy and promulgate rules and regulations regarding professional boxing contests and exhibitions and all matters pertaining thereto.
C. Comments Received
The Commission did not receive any public comments or comments from the House or Senate State Government Committees. The Independent Regulatory Review Commission (IRRC) commented that the Commission should delete the phrase ''such as Hepatitis'' from the definition of ''communicable disease'' in § 1.1 to be consistent with the Department of Health definition of communicable disease in 28 Pa. Code § 27.1 (relating to definitions). The Commission agreed with IRRC's comment and deleted the phrase.
IRRC also commented that for consistency with the existing language of § 21.8 that sets forth the requirements for testing for Human Immunodeficiency Virus (HIV), the requirements for Hepatitis testing should be included in this section and deleted from the § 1.1. Since the Commission would like to test for all communicable diseases and the same requirements for the testing of HIV will apply to that testing, subsequent discussions with IRRC revealed that it would be acceptable to retain the phrase ''and any other communicable disease'' in § 21.8. Therefore, as a condition for an initial or renewed license as a professional boxer, in addition to being required to be tested for HIV, an applicant would also be required to be tested for communicable diseases as defined in § 1.1.
D. Background and Purpose
Increasing concerns about the rapid spread of communicable diseases has led to an ever greater call for testing professional boxers for communicable diseases. Given the devastating long-term health consequences of Hepatitis C, which according to the Centers for Disease Control and Prevention often includes chronic liver disease, cirrhosis and even death in 3% of those infected, the American Association of Boxing Commissions and the American Association of Professional Ringside Physicians recently recommended that the boxing commissions in various states consider adopting a requirement for the testing of Hepatitis C and other communicable diseases. The Commission's Medical Advisory Board also unanimously endorses the adoption of a requirement with the concurrence of the Commission.
Therefore, the Commission amends its current regulations pertaining to professional boxers to require annual testing for communicable diseases. It is the intent of the final-form rulemaking to better protect professional boxers, who frequently come into direct contact with the blood of an opponent in a boxing contest or exhibition, from contracting a communicable disease. The cost for the additional test will be limited to no more than $50 per annual test, which is outweighed by the benefit of the protection that the test affords.
E. Fiscal Impact and Paperwork Requirements
The final-form rulemaking will have no adverse fiscal impact on the Department of State (Department) or the Commission. The final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions and will not impose any additional paperwork requirements upon the Commonwealth, its political subdivisions or the private sector. The final-form rulemaking will have a minimal fiscal impact on the professional boxers the Commission regulates by requiring that they must incur the cost for an annual test for communicable diseases but at an estimated cost of no more than $50 per test.
F. Sunset Date
The Commission and the Department monitor the regulations of the Commission on a continuing basis. Therefore, no sunset date has been assigned.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 1, 2004, the Commission submitted a copy of the notice of proposed rulemaking, published at 34 Pa.B. 6150 (November 13, 2004), to IRRC and the Chairpersons of the Senate and House State Government Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on August 24, 2005, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on August 25, 2005, and approved the final-form rulemaking.
I. Additional Information
Individuals who require information about the final-form rulemaking should contact Gregory P. Sirb, Executive Director, State Athletic Commission, 2601 North Third Street, Harrisburg, PA 17110.
J. Findings
The Chairperson of the Commission finds that:
(1) Public notice of intention to adopt these regulations was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) (CDL) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The amendments made to the final-form rulemaking do not enlarge the original purpose of the proposed rulemaking as published under section 201 of the CDL.
(4) These regulations are necessary and appropriate for administering and enforcing the authorizing acts identified in Part B of this preamble.
K. Order
The Chairperson of the Commission, acting under the authorizing statute, orders that:
(a) The regulations of the Commission, 58 Pa. Code Chapters 1 and 21, are amended by amending §§ 1.1 and 21.8 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Commission shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General as required by law.
(c) The Commission shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on publication in the Pennsylvania Bulletin.
CHARLES BEDNARIK,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 35 Pa.B. 5068 (September 10, 2005).)
Fiscal Note: Fiscal Note 16-34 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART I. STATE ATHLETIC COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 1. PRELIMINARY PROVISIONS § 1.1. Definitions.
(a) The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
Athletic Code--5 Pa.C.S. Part I (relating to boxing and wrestling).
Commission--The State Athletic Commission of the Commonwealth.
Commission credentials--Documents issued by the Commission to individuals approved by the Commission granting them the authority to attend a specific event, without payment of an entry fee, on behalf of the Commission.
Commissioner--A member of the Commission, as defined in section 101 of the code (relating to definitions).
Communicable disease--An illness which is capable of being spread to a susceptible host through the direct or indirect transmission of an infectious agent or its toxic product by an infected person, animal or arthropod, or through the inanimate environment.
Event--One or more contests, as defined in section 302 of the code (relating to definitions), conducted at the same location on the same day.
Knockdown--When any part of a boxer's body, except the feet, touch the ring canvass, at the hand of the opponent, as determined by the referee.
Licensee--A person licensed by the Commission to perform duties in relation to an event.
Main contest--The most important contest during an event for which the public interest is the greatest.
Second--
(i) An individual licensed by the Commission to work in a professional boxer's corner during an event, as provided in section 716 of the Athletic Code (relating to seconds).
(ii) The term also includes a trainer.
(b) The definitions in section 302 of the Athletic Code (relating to definitions) are incorporated for the regulatory provisions relating to boxing which include this subpart and Subpart B (relating to boxing).
(c) The definitions in section 1902 of the Athletic Code (relating to definitions) are incorporated for the regulatory provisions relating to wrestling, which include this subpart and Subpart C (relating to wrestling).
Subpart B. BOXING
CHAPTER 21. PROFESSIONAL BOXING§ 21.8. Boxers.
(a) Professional boxers shall be licensed by the Commission. The Commission will not license or renew the license of a professional boxer unless the license application is accompanied by a report from a Department of Health facility, a laboratory possessing a permit from the Department of Health under 28 Pa. Code § 5.11 (relating to permit, requirements, application and conditions) or a report from a laboratory licensed in another jurisdiction that meets the requirements to be issued a permit under 28 Pa. Code § 5.11, and is acceptable to the Commission, which indicates that the applicant has been tested for any virus, antibody, antigen or etiologic agent determined to cause or indicate the presence of human immuno- deficiency virus and any other communicable disease and the results of those tests were negative. The tests shall have been initiated no more than 60 days prior to the date of filing the application. A boxer whose application for license has been denied has the right to a hearing before the Commission under 2 Pa.C.S. §§ 501--508 (relating to practice and procedure of Commonwealth agencies). The applicant shall apply, in writing, to the Commission requesting a hearing. The Commission will conduct a hearing within 10 business days from the receipt of the written request.
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[Pa.B. Doc. No. 05-1772. Filed for public inspection September 23, 2005, 9:00 a.m.]
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