S 1069

S‑1069.2 _____________________________________________

SUBSTITUTE SENATE BILL 5105

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Senate Committee on Labor, Commerce & Financial Institutions (originally sponsored by Senator Prentice)

READ FIRST TIME 01/26/01.

_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. Each

_8 contestant for kickboxing or martial arts events shall be examined

_9 within twenty-four hours before the contest by either an event

10 physician or a chiropractor licensed by the department. The event

11 physician or chiropractor shall report in writing and over his or

12 her signature before the event the physical condition of each and

13 every contestant to the inspector present at such contest. No

14 contestant whose physical condition is not approved by the event

15 physician or chiropractor shall be permitted to participate in any

16 event. Blank forms for event physicians' or chiropractors' reports

17 shall be provided by the department and all questions upon such

18 blanks shall be answered in full. ((~~The~~)) Event physicians and

19 chiropractors shall be paid a fee and travel expenses by the

20 promoter.

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

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

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

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

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

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

27 included as a licensed official at a kickboxing or martial arts

28 event.

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

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

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

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

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

34 physician's duty to stop the event.

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

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

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_1 the event. A participant in a wrestling event whose condition is

_2 not approved by the event physician shall not be permitted to

_3 participate in the event.

_4 (5) Each contestant for boxing, kickboxing, martial arts, or

_5 wrestling events may be subject to a random urinalysis or chemical

_6 test within twenty-four hours before or after a contest. An

_7 applicant or licensee who refuses or fails to submit to the

_8 urinalysis or chemical test is subject to disciplinary action

_9 under RCW 67.08.240. If the urinalysis or chemical test is positive

10 for substances prohibited by rules adopted by the director,

11 disciplinary action shall be taken under RCW 67.08.240.

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

13 as follows:

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

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

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

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

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

19 physician; (k) chiropractor; (l) referee; ((~~(l)~~)) (m) matchmaker;

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

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

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

23 67.08.002, which was performed by the physician with a time period

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

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

26 participant; and (e) referee.

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

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

29 director.

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

31 capacities unless licensed as provided in this chapter.

32 (5) The referees, judges, timekeepers, event physicians,

33 chiropractors, and inspectors for any boxing, kickboxing, or

34 martial arts event shall be designated by the department from

35 among licensed officials.

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

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

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_1 (7) The department shall immediately suspend the license or

_2 certificate of a person who has been certified pursuant to RCW

_3 74.20A.320 by the department of social and health services as a

_4 person who is not in compliance with a support order. If the person

_5 has continued to meet all other requirements for reinstatement

_6 during the suspension, reissuance of the license or certificate

_7 shall be automatic upon the department's receipt of a release

_8 issued by the department of social and health services stating

_9 that the licensee is in compliance with the order.

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

11 unpaid fine outstanding to the department.

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

13 least eighteen years of age.

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

15 participants in events at which only amateurs are engaged in

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

17 organizations chartered by congress or the defense department or

18 any recognized amateur sanctioning body recognized by the

19 department, holding and promoting athletic events and where all

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

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

22 shall provide sufficient information to reasonably determine

23 whether this chapter applies.

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