S‑0594.1   _____________________________________________

 

SENATE BILL 5105

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senator Prentice

 

Read first time 01/11/2001.  Referred to Committee on Labor, Commerce & Financial Institutions.

_1      AN ACT Relating to chiropractors at boxing and martial arts

_2  events; and amending RCW 67.08.002, 67.08.090, and 67.08.100.

     

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_4      Sec. 1.  RCW 67.08.002 and 1999 c 282 s 2 are each amended to read

_5  as follows:

_6      Unless the context clearly requires otherwise, the definitions

_7  in this section apply throughout this chapter.

_8      (1) "Amateur" means a person who engages in athletic activities

_9  as a pastime and not as a professional.

10      (2) "Boxing" means a contest in which the contestants exchange

11  blows with their fists, but does not include professional

12  wrestling.

13      (3) "Chiropractor" means a person licensed under chapter 18.25

14  RCW as a doctor of chiropractic or under the laws of any

15  jurisdiction in which that person resides.

16      (4) "Department" means the department of licensing.

17      (((4))) (5) "Director" means the director of the department of

18  licensing or the director's designee.

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_1      (((5))) (6) "Event" includes, but is not limited to, a boxing,

_2  wrestling, or martial arts contest, sparring, fisticuffs, match,

_3  show, or exhibition.

_4      (((6))) (7) "Event physician" means the physician licensed

_5  under RCW 67.08.100 and who is responsible for the activities

_6  described in RCW 67.08.090.

_7      (((7))) (8) "Face value" means the dollar value of a ticket or

_8  order, which value must reflect the dollar amount that the

_9  customer is required to pay or, for a complimentary ticket, would

10  have been required to pay to purchase a ticket with equivalent

11  seating priority, in order to view the event.

12      (((8))) (9) "Gross receipts" means the amount received from the

13  face value of all tickets sold and complimentary tickets redeemed.

14      (((9))) (10) "Kickboxing" means a type of boxing in which blows

15  are delivered with the hand and any part of the leg below the hip,

16  including the foot.

17      (((10))) (11) "Martial arts" means a type of boxing including

18  sumo, judo, karate, kung fu, tae kwon do, pankration, muay thai,

19  or other forms of full-contact martial arts or self-defense

20  conducted on a full-contact basis.

21      (((11))) (12) "Physician" means a person licensed under chapter

22  18.57, 18.36A, or 18.71 RCW as a physician or a person holding an

23  osteopathic or allopathic physician license under the laws of any

24  jurisdiction in which the person resides.

25      (((12))) (13) "Professional" means a person who has received or

26  competed for money or other articles of value for participating in

27  an event.

28      (((13))) (14) "Promoter" means a person, and includes any

29  officer, director, employee, or stockholder of a corporate

30  promoter, who produces, arranges, stages, holds, or gives an event

31  in this state involving a professional boxing, martial arts, or

32  wrestling event, or shows or causes to be shown in this state a

33  closed circuit telecast of a match involving a professional

34  participant whether or not the telecast originates in this state.

35      (((14))) (15) "Wrestling exhibition" or "wrestling show" means

36  a form of sports entertainment in which the participants display

37  their skills in a physical struggle against each other in the ring

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_1  and either the outcome may be predetermined or the participants do

_2  not necessarily strive to win, or both.

     

_3      Sec. 2.  RCW 67.08.090 and 1999 c 282 s 6 are each amended to read

_4  as follows:

_5      (1) Each contestant for boxing, kickboxing, or martial arts

_6  events shall be examined within twenty-four hours before the

_7  contest by an event physician licensed by the department.  The event

_8  physician shall report in writing and over his or her signature

_9  before the event the physical condition of each and every

10  contestant to the inspector present at such contest.  No contestant

11  whose physical condition is not approved by the event physician

12  shall be permitted to participate in any event.  Blank forms for

13  event physicians' reports shall be provided by the department and

14  all questions upon such blanks shall be answered in full.  The event

15  physician shall be paid a fee and travel expenses by the promoter.

16      (2) The department may require that an event physician be

17  present at a wrestling event.  The promoter shall pay the event

18  physician present at a wrestling event.  A boxing, kickboxing, or

19  martial arts event may not be held unless an event physician

20  licensed by the department is present throughout the event.  In

21  addition to the event physician, a licensed chiropractor may be

22  included as a licensed official at an event.

23      (3) Any physician licensed under RCW 67.08.100 may be selected

24  by the department as the event physician.  The event physician

25  present at any contest shall have authority to stop any event when

26  in the event physician's opinion it would be dangerous to a

27  contestant to continue, and in such event it shall be the event

28  physician's duty to stop the event.

29      (4) The department may have a participant in a wrestling event

30  examined by an event physician licensed by the department prior to

31  the event.  A participant in a wrestling event whose condition is

32  not approved by the event physician shall not be permitted to

33  participate in the event.

34      (5) Each contestant for boxing, kickboxing, martial arts, or

35  wrestling events may be subject to a random urinalysis or chemical

36  test within twenty-four hours before or after a contest.  An

37  applicant or licensee who refuses or fails to submit to the

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_1  urinalysis or chemical test is subject to disciplinary action

_2  under RCW 67.08.240.  If the urinalysis or chemical test is positive

_3  for substances prohibited by rules adopted by the director,

_4  disciplinary action shall be taken under RCW 67.08.240.

     

_5      Sec. 3.  RCW 67.08.100 and 1999 c 282 s 7 are each amended to read

_6  as follows:

_7      (1) The department upon receipt of a properly completed

_8  application and payment of a nonrefundable fee, may grant an

_9  annual license to an applicant for the following:  (a) Promoter;

10  (b) manager; (c) boxer; (d) second; (e) wrestling participant; (f)

11  inspector; (g) judge; (h) timekeeper; (i) announcer; (j) event

12  physician; (k) chiropractor; (l) referee; (((l))) (m) matchmaker;

13  (((m))) (n) kickboxer; and (((n))) (o) martial arts participant.

14      (2) The application for the following types of licenses shall

15  include a physical performed by a physician, as defined in RCW

16  67.08.002, which was performed by the physician with a time period

17  preceding the application as specified by rule:  (a) Boxer; (b)

18  wrestling participant; (c) kickboxer; (d) martial arts

19  participant; and (e) referee.

20      (3) Any license may be revoked, suspended, or denied by the

21  director for a violation of this chapter or a rule adopted by the

22  director.

23      (4) No person shall participate or serve in any of the above

24  capacities unless licensed as provided in this chapter.

25      (5) The referees, judges, timekeepers, event

26  physicians, chiropractors, and inspectors for any boxing or martial

27  arts event shall be designated by the department from among

28  licensed officials.

29      (6) The referee for any wrestling event shall be provided by

30  the promoter and shall be licensed as a wrestling participant.

31      (7) The department shall immediately suspend the license or

32  certificate of a person who has been certified pursuant to RCW

33  74.20A.320 by the department of social and health services as a

34  person who is not in compliance with a support order.  If the person

35  has continued to meet all other requirements for reinstatement

36  during the suspension, reissuance of the license or certificate

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_1  shall be automatic upon the department's receipt of a release

_2  issued by the department of social and health services stating

_3  that the licensee is in compliance with the order.

_4      (8) A person may not be issued a license if the person has an

_5  unpaid fine outstanding to the department.

_6      (9) A person may not be issued a license unless they are at

_7  least eighteen years of age.

_8      (10) This section shall not apply to contestants or

_9  participants in events at which only amateurs are engaged in

10  contests and/or fraternal organizations and/or veterans'

11  organizations chartered by congress or the defense department or

12  any recognized amateur sanctioning body recognized by the

13  department, holding and promoting athletic events and where all

14  funds are used primarily for the benefit of their members.  Upon

15  request of the department, a promoter, contestant, or participant

16  shall provide sufficient information to reasonably determine

17  whether this chapter applies.

 

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