SB-0988, As Passed House, June 17, 2004
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 988
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 805a, 806, 806b, and 810 (MCL 339.805a,
339.806, 339.806b, and 339.810), sections 805a, 806, and 810 as
amended and section 806b as added by 1995 PA 217, and by adding
section 806e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 805a. (1) This article does not apply to boxing
2 elimination contests in which all of the following apply:
3 (a) The contestants compete for prizes only in elimination
4 contests and are not also professional boxers competing in 4 or
5 more rounds of nonelimination boxing.
6 (b) Each bout is scheduled to consist of 3 or fewer 1-minute
7 rounds, with contests conducted on no more than 2 consecutive
8 calendar days.
1 (c) Competing contestants are prohibited from boxing for more
2 than 12 minutes on each contest day.
3 (d) The contestants participating in the elimination contest
4 are insured by the promoter for all medical and hospital expenses
5 to be paid to the contestants to cover injuries sustained in the
6 contest.
7 (e) A licensed physician is in attendance at ringside and the
8 physician has authority to stop the contest for medical reasons.
9 (f) All contestants pass a physical examination given by a
10 licensed physician, a licensed physician's assistant, or a
11 certified nurse practitioner before the contest.
12 (g) A preliminary breath test is administered to each
13 contestant which indicates a blood alcohol content of .02% or
14 less.
15 (h) The promoter conducts the elimination contest in
16 compliance with the following:
17 (i) A contestant who has lost by a technical knockout is not
18 permitted to compete again for a period of 30 calendar days or
19 until the contestant has submitted to the promoter the results of
20 a physical examination equivalent to that required of
21 professional boxers.
22 (ii) The ringside physician examines a contestant who has
23 been knocked out in an elimination contest or whose fight has
24 been stopped by the referee because he or she received hard blows
25 to the head that made him or her defenseless or incapable of
26 continuing immediately after the knockout or stoppage. The
27 ringside physician may recommend post-fight neurological
1 examinations, which may include computerized axial tomography
2 (CAT) scans or magnetic resonance imaging (MRI), to be performed
3 on the contestant immediately after the contestant leaves the
4 location of the contest. The promoter shall not permit the
5 contestant to compete until a physician has certified that the
6 contestant is fit to compete. If the physician recommended
7 further neurological examinations, the promoter shall not permit
8 the contestant to compete until the promoter receives copies of
9 examination reports demonstrating that the contestant is fit to
10 compete.
11 (iii) The promoter shall require that a contestant who has
12 sustained a severe injury or knockout in an elimination contest
13 be examined by a physician. The promoter shall not permit the
14 contestant to compete until the physician has certified that the
15 contestant has fully recovered.
16 (iv) The promoter shall not permit a contestant to compete in
17 an elimination contest for a period of not less than 60 days if
18 he or she has been knocked out or has received excessive hard
19 blows to the head that required the fight to be stopped.
20 (v) A contestant who has been knocked out twice in a period
21 of 3 months or who has had excessive head blows causing a fight
22 to be stopped shall not be permitted by a promoter to participate
23 in an elimination contest for a period of not less than 120 days
24 from the second knockout or stoppage.
25 (vi) A contestant who has been knocked out or had excessive
26 hard blows to the head causing a fight to be stopped 3 times
27 consecutively in a period of 12 months shall not be permitted by
1 a promoter to participate in an elimination contest for a period
2 of 1 year from the third knockout.
3 (vii) Before resuming competition after any of the periods of
4 rest prescribed in subparagraphs (iv), (v), and (vi), a promoter
5 shall require the contestant to produce a certification by a
6 physician stating that the contestant is fit to take part in an
7 elimination contest.
8 (2) As part of the physical examination given before the
9 contest, the licensed physician, licensed physician's assistant,
10 certified nurse practitioner, or other trained person shall
11 administer a preliminary breath test in compliance with standards
12 imposed in rules promulgated by the department of state police
13 regarding equipment calibration and methods of administration.
14 (3) The promoter shall keep a log of preliminary breath test
15 results of contestants on file at its place of business for at
16 least 3 years after the date of administration of the test.
17 These results shall be made available to law enforcement
18 officials upon request.
19 (4) An elimination contest held pursuant to this section is
20 not considered to be in violation of the law.
21 Sec. 806. (1) A promoter, boxing club, physician,
22 physician's assistant, nurse practitioner, referee, judge,
23 matchmaker, timekeeper, announcer, professional boxer, or a
24 manager, or second of those persons shall obtain a license from
25 the department before participating either directly or indirectly
26 in a boxing contest.
27 (2) A person shall not profit directly or indirectly from a
1 boxing contest or participate directly or indirectly in the
2 contest or in the receipts from a contest unless that contest is
3 licensed by the department in advance under the classifications
4 designated in this article.
5 (3) Each application for a license shall be in writing, shall
6 be verified by the applicant, and shall set forth those facts
7 requested by and conform to the rules promulgated by the
8 department, jointly with the board.
9 (4) The department shall issue a passport with each
10 professional boxer's license.
11 (5) Each applicant for a license as a promoter, referee, or
12 judge shall be of good moral character.
13 Sec. 806b. (1) A person seeking a license under this
14 article as a judge or referee may be required to satisfactorily
15 pass an examination acceptable to the board and the department.
16 (2) A person seeking a license under this article as a judge,
17 referee, or boxer shall pass a physical examination, which is
18 performed by a licensed physician, a licensed physician's
19 assistant, or a certified nurse practitioner, acceptable to the
20 board and present evidence of passage to the department.
21 (3) The department shall issue a license without an
22 examination to a person who is licensed under this article on
23 the effective date of
the amendatory act that added this
24 section December 1, 1995 upon application on a form
provided by
25 the department.
26 Sec. 806e. This article does not require new or additional
27 third party reimbursement or worker's compensation benefits for
1 services rendered.
2 Sec. 810. (1) A professional boxing contest shall be of not
3 more than 10 rounds in length, except a contest which involves a
4 national or international championship may last not more than 20
5 rounds in the determination of the department. The contestants
6 shall wear during a contest gloves weighing at least 6 ounces
7 each. Rounds shall be not longer than 3 minutes, with not less
8 than 1-minute rest between rounds.
9 (2) A contestant in a professional or amateur boxing contest
10 shall be certified to be
in proper physical condition by an
11 individual licensed as
a physician a licensed physician,
12 licensed physician's assistant, or certified nurse practitioner
13 before participating in a boxing contest.