# COMAR Title 09 — Maryland Department of Labor ## Subtitle 14 — State Athletic Commission ### Chapter 13 — Prohibited Substances **Authority:** Business Regulation Article, §4-205, Annotated Code of Maryland **Administrative History:** Effective date: December 28, 1987 (14:26 Md. R. 2744) **Administrative History:** Regulation .01 amended effective July 6, 2009 (36:13 Md. R. 898) **Administrative History:** Regulation .02 amended effective July 6, 2009 (36:13 Md. R. 898) **Administrative History:** Regulation .03 amended effective July 6, 2009 (36:13 Md. R. 898) **Administrative History:** Regulation .08 amended effective July 6, 2009 (36:13 Md. R. 898) **Administrative History:** Regulation .09 amended effective June 10, 1991 (18:11 Md. R. 1187); July 6, 2009 (36:13 Md. R. 898) #### Regulation .01 Definition. *COMAR 09.14.13.01* A. In this chapter, the following term has the meaning indicated. B. Term Defined. “Prohibited substance” means any controlled dangerous substance listed in Criminal Law Article, §5-101, Annotated Code of Maryland. #### Regulation .02 Urine Test Required. *COMAR 09.14.13.02* A contestant who signs a contract to participate in a contest sanctioned by the State Athletic Commission shall submit to a urine test. #### Regulation .03 Urine Specimen Collection Procedures. *COMAR 09.14.13.03* A. The Commission shall designate an inspector and observer who shall be responsible for the collection of the urine sample from each contestant. B. The contestant shall report to the designated inspector at a time and location designated by the Commission. C. The contestant shall designate an individual to act as the contestant's witness to monitor the urine sampling procedure. D. The inspector shall log the time the contestant reports to the testing area and shall, upon request, explain to the contestant instructions of the contestant's rights and responsibilities under these regulations. E. The Commission shall provide a supply of sealed test kits. Each kit shall contain two clean specimen bottles. F. The contestant shall randomly select a test kit and provide at least 30 milliliters of urine in each bottle. G. The Commission inspector and observer, and the witness designated by the contestant, shall accompany the contestant continuously from the time a test kit is selected until the time the specimen bottles are filled and the required identification documents are completed. H. The specimen bottles shall be sealed with a tamper-resistant seal by the Commission inspector or observer in the presence of the contestant and the contestant's witness. I. The contestant, the contestant's witness, and the Commission's inspector and observer shall sign two affidavits. One affidavit shall be affixed to each bottle, which will certify that the urine sample was collected in accordance with Maryland law and these regulations and that there were no irregularities in the sampling process. J. Evidence Bag. (1) The inspector or observer shall place the bottles in an evidence bag and seal the evidence bag in a manner which resists tampering. (2) The placement of the bottles into the evidence bag shall be witnessed by the contestant and the contestant's witness. (3) The inspector, the observer, the contestant, and the contestant's witness shall certify, on a form provided by the Commission, the following: (a) That at no time during the sample collection process, did any one tamper with or alter the labels, the bottles, or the urine sample; (b) That certification labels, correctly identifying the urine sample as belonging to the contestant, were affixed to both bottles; (c) That the inspector immediately sealed the bottles with tamper resistant tape upon receipt from the contestant and then placed the bottles in the evidence bag; and (d) The date and time the sample bottles were placed in the evidence bag. K. Certification. (1) Any perceived irregularity shall be described and recorded on the affidavit form, before the signatures are placed on the affidavit form. (2) Irregularity in the specimen collection process shall be defined as tampering by any party with the sample kits, specimen bottles, labels, or urine specimen. (3) The contestant shall receive a copy of the affidavit. L. All sealed and certified bottles shall be secured in a State Athletic Commission transportation case which shall also include a manifest of all samples collected at the event and a sample of any liquids given to the contestant to stimulate the production of urine. M. Following the collection of the final sample, the inspector and the Commission appointed courier shall inventory all the urine samples and the inspector shall release the urine samples to the custody of the courier. N. The courier shall affix a tamper resistant seal bearing the following information: (1) Date and time the transportation case was sealed; (2) Signature of the inspector; and (3) Signature of the courier. #### Regulation .04 Testing of Samples. *COMAR 09.14.13.04* Testing of the urine samples specified above shall be conducted by the Laboratories Administration of the Maryland Department of Health. #### Regulation .05 Chain of Custody. *COMAR 09.14.13.05* A. The Commission courier shall deliver the transportation case to the Laboratories Administration of the Maryland Department of Health not later than the end of the next business day after the boxing contest. B. The Laboratories Administration shall designate an individual who will sign the manifest certifying that the transportation case has been received with the official seal intact. #### Regulation .06 Testing Procedures. *COMAR 09.14.13.06* A. The Laboratories Administration of the Maryland Department of Health shall perform the analyses on urine samples received from the Commission. B. The preliminary urinalysis screen shall be performed by enzyme immunoassay or thin layer chromatography to detect the presence of controlled dangerous substances. C. A urine sample which tests positive for the presence of controlled dangerous substances as defined in Regulation .01B(2) of this chapter shall be retested by a confirmatory test to confirm the presence of the controlled dangerous substance. D. The confirmatory test shall be made by gas chromatography/mass spectrometry. #### Regulation .07 Notification to the Commission of Urine Test Results. *COMAR 09.14.13.07* The results of the urinalysis shall be reported to the Commission not later than 21 days after receipt of the specimens for testing. #### Regulation .08 Notification of the Contestant. *COMAR 09.14.13.08* A contestant whose urine test was positive shall be advised in writing of the following: A. The test results; B. The contestant's license is under a medical suspension; and C. The date for a proposed hearing in accordance with COMAR 09.01.02. #### Regulation .09 Penalties. *COMAR 09.14.13.09* After a hearing, as provided in COMAR 09.01.02, the Commission shall impose the following penalties upon a contestant found to have a controlled dangerous substance in the contestant's urine sample: A. Suspension or revocation of license; B. Forfeiture of purse; C. If the contestant was the winner of a Commission sanctioned contest, the contestant shall be disqualified and the decision of the contest shall be changed to “No Contest”; D. If the contestant was the loser of the contest, the result shall remain unchanged. #### Regulation .10 Reinstatement of License. *COMAR 09.14.13.10* A licensee whose license was revoked under these regulations may apply for reinstatement after 1 year.