Licensing and registration

523 CMR: STATE ATHLETIC COMMISSION

523 CMR 6.00: LICENSING AND REGISTRATION

Section

6.01: General Licensing Requirements: Application; Conditions and Agreements; False Statements; Proof of Identity; Appearance Before Commission; Fee for Issuance or Renewal; Period of Validity 6.02: Physical and Medical Examinations and Tests for Professional and Amateur Unarmed Combatants 6.03: Application by an Amateur for a License as a Professional Unarmed Combatant 6.04: Application for License as a Promoter 6.05: Application for License as a Second 6.06: Application for License as a Manager or Trainer 6.07: Manager or Trainer May Act as Second Without Second's License 6.08: Application for License as a Referee, Judge, Timekeeper, Scorekeeper and Ringside Physician 6.09: Application for License as a Matchmaker 6.10: Applicants, Licensees and Officials Must Submit Material to Commission as Directed 6.11: Grounds for Denial of Application for License 6.12: Application for New License or Petition for Reinstatement of License after Denial, Revocation or Suspension 6.13: Effect of Expiration of License on Jurisdiction of Commission

6.01: General Licensing Requirements: Application; Conditions and Agreements; False Statements; Proof of Identity; Appearance Before Commission; Fee for Issuance or Renewal; Period of Validity

(1) An application for a license as any of the following must be made in writing on a form supplied by the Commission and signed by the applicant under the pains and penalties of perjury. A license shall not be issued to the applicant until the applicant has submitted a completed application evidencing all requirements of 523 CMR. A ring official may be duly licensed in a professional and amateur capacity. If amateur ring official licensure is sought, the application shall include documentation evidencing that the individual has been certified or otherwise approved to hold the position for which they are applying by a sanctioning organization approved by the Commission under 523 CMR 19.00: Amateur Contests and Exhibitions Held by Amateur Sanctioning Organizations. (a) Professional or amateur unarmed combatant in boxing, mixed martial arts, kickboxing, Southeast Asian kickboxing or other recognized unarmed combat; (b) Promoter; (c) Matchmaker; (d) Manager; (e) Second; (f) Trainer; (g) Referee; (h) Judge; (i) Timekeeper; (j) Physician; or (k) Scorekeeper.

(2) Any false statement in an application submitted to the Commission shall be deemed grounds for any of the following: (a) denial of the application; (b) if the license has already been issued, immediate revocation of the license followed by hearing upon request; (c) referral of the matter to the appropriate law enforcement authority for prosecution.

(3) All applications for licensure shall be accompanied by a government issued identification bearing the applicant's photograph. Before issuing a license, the Commission or its staff may, when deemed appropriate, require an applicant to provide proof of their identity in addition to that required under the applicable licensing requirements.

(4) The Commission may require an applicant to appear before the Commission to answer questions or provide documents in conjunction with an application for a license in addition to those required under the applicable licensing requirements.

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523 CMR: STATE ATHLETIC COMMISSION

6.01: continued

(5) The fee for issuance or renewal of a license shall be included with the application as provided by M.G.L. c. 7, § 3B.

(6) All licenses issued pursuant to .00 except for professional or amateur unarmed combatant licenses under .01(6)(a) shall be valid for 12 months from the date of issuance unless otherwise suspended or revoked by the Commission. Professional or amateur unarmed combatant licenses are valid for one event only. The renewal of any license is not automatic. The Commission will consider the applicant's past performance and abilities in evaluating an application for renewal. (a) License Extension - Military Service. If the licensee is on active duty with the armed forces of the United States, as defined in M.G.L. c. 4, § 7 clause forty-third, the license shall remain valid until the licensee is released from active duty and for a period of not less than 90 days following that release. For .01(6)(a) to apply, the licensee must be given an Honorable Discharge, a General Discharge, or an Under Other than Honorable Conditions (UOTHC) Discharge as noted on their discharge and separation papers.

(7) The license holder shall have the responsibility of reporting any change of mailing address, email address, and/or change of circumstance to the Commission. The information on file at the Commission shall be deemed accurate for purposes of notification unless changed by the license holder.

(8) In accordance with M.G.L. c. 147, § 35, no license shall be issued to any individual younger than 18 years old except as provided by M.G.L. c. 147, § 39.

6.02: Physical and Medical Examinations and Tests for Professional and Amateur Unarmed Combatants

(1) Prior to issuance of a license, all unarmed combatants shall undergo the physical and medical examinations and tests set forth in .02(2). In addition, the Commission shall have the discretion at any time to order an unarmed combatant to undergo any physical and medical examination or test that may be advisable to protect the unarmed combatant's physical health and safety. During such examinations and tests, unarmed combatants must reveal all vital facts relating to the unarmed combatant's physical condition to the examining physician. Concealing any vital facts shall be cause for suspension or revocation of the individual's license.

(2) License Examinations. As a prerequisite to licensure, all unarmed combatants 18 years of age or older shall provide documentation demonstrating that they have undergone the following medical tests and examinations. Each test or examination must be performed by a licensed physician within one year of the event for which the license is sought unless a different timeframe is noted. The record of each test or examination must include an acknowledgement from the examining physician that they are aware that the individual is an unarmed combatant and that they are physically fit to compete insofar as the specific test or examination pertains. (a) physical examination to determine whether the unarmed combatant is physically fit to compete; (b) an electrocardiogram (EKG) within one year of the event for which a first license is sought, then within five years of the event for which every subsequent license is sought; (c) testing for HIV, Hepatitis BsAG, and Hepatitis Cab; (d) a dilated eye examination by an optometrist or ophthalmologist. No person who has undergone LASIK surgery may be licensed without medical clearance from an optometrist or ophthalmologist; (A person who has undergone LASEK or PRK (photorefractive keratectomy) may be licensed.) (e) a brain CT or brain MRI within five years of the event for which the license is sought.

(3) No earlier than one day prior to a scheduled event, all female fighters shall provide satisfactory proof to a Commission approved physician that they are not pregnant.

(4) The Commission or its designee may refuse to allow anyone other than the unarmed combatant or a manager to submit physical and medical examinations and tests required by .02(2).

523 CMR: STATE ATHLETIC COMMISSION

6.03: Application by an Amateur for a License as a Professional Unarmed Combatant

A person who engages in unarmed combat as an amateur may apply to become a professional unarmed combatant in Massachusetts by:

(1) Filing an application for professional licensure in accordance with .01 and 6.02, that includes a professional debut form containing, but not limited to, the following information: (a) attestation of competency from two individuals with personal knowledge relative to the applicant's training regimen and fitness to compete, signed under the pains and penalties of perjury, at least one of whom must be the combatant's trainer who holds a valid trainer's license issued under .00 or by another state Commission; (b) record as an amateur; (c) list of all amateur contests including date, location, opponent, and result; and (d) name, address, and contact for both attesting individuals required under .03(2)(a).

6.04: Application for License as a Promoter

A person applying for or renewing a license as a promoter shall submit an application on a form provided by the Commission. The application for licensure submitted by the applicant shall include: (a) A copy of the bond required pursuant to M.G.L. c. 147, § 34 and 523 CMR 10.01: Surety Bond; (b) Financial information showing sufficient ability to compensate licensed unarmed combatants, officials, public safety personnel and other necessary participants in a licensed event on a form provided by the Commission; (c) Statement as to knowledge of and experience with the promotion of unarmed combatant contests or exhibitions.

6.05: Application for License as a Second

A person applying for a license as a second shall submit an application on a form provided by the Commission. The application for licensure shall detail the applicant's background and experience in unarmed combat. The Commission may require an applicant to appear before it for the purpose of reviewing the application. Additionally, a person seeking to tend to cuts and lacerations may be required to demonstrate knowledge relative to the use of permissible coagulants.

6.06: Application for License as a Manager or Trainer

A person applying for a license as a manager or trainer shall submit an application on a form provided by the Commission. The application for licensure shall detail the applicant's background and experience in unarmed combat. The Commission may require an applicant to appear before it for the purpose of reviewing the application.

6.07: Manager or Trainer May Act as Second Without Second's License

A manager or trainer licensed by the Commission may act as a second without having a second's license.

6.08: Application for License as a Referee, Judge, Timekeeper, Scorekeeper and Ringside Physician

To qualify for a license as a referee, judge, timekeeper, scorekeeper or ringside physician, a person must submit an application on a form provided by the Commission demonstrating the following:

(1) They possess the background and experience necessary to perform the functions of the respective position; and

(2) (for judges and referees only) They are either certified to perform their respective duty by either the Commission or other organization approved by the Commission, or that they hold the same license in good standing in another jurisdiction and have a demonstrated track record of competent work; and

523 CMR: STATE ATHLETIC COMMISSION

6.08: continued

(3) (for judges and referees only) They have not fought in an unarmed combat event within one year of the date of application. An applicant may have been licensed as an unarmed combatant within one year of the application, so long as he or she has not fought within one year of the application; and

(4) (for ringside physicians only) that they have been licensed to practice medicine for at least three years and remain in good standing with the Massachusetts Board of Registration in Medicine.

6.09: Application for License as a Matchmaker

A person applying for a license as a matchmaker shall submit an application on a form provided by the Commission. The application for licensure shall detail the applicant's background and experience in unarmed combat. Further, where possible, the application shall include a list of all events for which the applicant served as matchmaker dating back either two years or five events.

6.10: Applicants, Licensees and Officials Must Submit Material to Commission as Directed

Any ring official, any person licensed by the Commission, and any applicant for a license must submit to the Commission any forms, records and statements at the times and manner as directed by the Commission. Failure to do so may result in denial or revocation of the applicable license. The Commission may also require the applicant to pass a written examination.

6.11: Grounds for Denial of Application for License

The Commission may deny an application for licensure or renewal of a license if:

(1) it finds that the applicant has performed any act which would, if performed by a licensee, subject the licensee to discipline pursuant to 523 CMR 20.00: Prohibited Acts; Disciplinary Actions or 21.00: Disciplinary Proceedings;

(2) pursuant to M.G.L. c. 147, § 35, the Commission is not satisfied that the applicant possesses the ability to safely and competently compete or execute the duties of the position for which they have applied, including a lack of requisite skill for unarmed combatants;

(3) it is determined that false information was provided on the application;

(4) the applicant fails to disclose information known to them relative to the medical condition of an unarmed combatant, including themselves, as required by .02;

(5) (for an unarmed combatant) the applicant has suffered cerebral hemorrhage and has not been cleared by a medical practitioner after subsequent testing satisfactory to the Commission.

6.12: Application for New License or Petition for Reinstatement of License after Denial, Revocation or Suspension

(1) Any applicant who has been denied a license by the Commission may not file a similar application until one year after denial by the Commission, unless the Commission specifies otherwise at the time of denial.

(2) A person who has had their license revoked may not petition for reinstatement or apply for a new license until one year after the revocation. If the petitioner files a petition for reinstatement after the one year period required pursuant to .14(2), and the Commission denies the request, the petitioner may not petition again for reinstatement until one year after the denial unless the Commission specifies otherwise at the time of revocation.

(3) A person who has had their license suspended for a period of one year or less may not file a petition for reinstatement or an application for a new license until the period of the suspension has expired unless the Commission specifies otherwise at the time of suspension.

523 CMR: STATE ATHLETIC COMMISSION

6.12: continued

(4) The Commission may deny a petition or application that is not filed in accordance with 523 CMR 6.00 without a hearing.

6.13: Effect of Expiration of License on Jurisdiction of Commission

The expiration of a license does not deprive the Commission of jurisdiction to:

(1) Proceed with an investigation of the licensee;

(2) Proceed with an action or disciplinary proceeding against the licensee;

(3) Render a decision to suspend or revoke the license; or

(4) Otherwise discipline the licensee.

REGULATORY AUTHORITY

.00: M.G.L. c. 147, § 46.