The following is a summary of the key elements of the National Basketball Association (NBA) and National Basketball Players Association (NBPA) Anti-Drug Program contained in the 1999 NBA/NBPA Collective Bargaining Agreement.
1. PROHIBITED SUBSTANCES
The following substances are prohibited under the program: amphetamine and its analogs, cocaine, LSD, opiates (heroin, codeine and morphine), PCP, marijuana, and steroids.
A Prohibited Substances Committee comprised of one representative from both the NBA and NBPA, and three substance abuse experts jointly selected by the NBA and NBPA will issue a list of prohibited steroids. In addition, upon application by the NBA or NBPA, the Prohibited Substances Committee may determine to add substances to the list of prohibited substances if such substances are illegal, or are physically harmful and improperly performance-enhancing. NBA players will receive six months notice before any new substance is officially added to this list pursuant to the application process.
2. THE ADMINISTRATION OF THE PROGRAM
The NBA and NBPA have jointly selected a Medical Director to manage and oversee the program, select and supervise program counselors and other program personnel, and evaluate and treat the NBA players in the program. An Independent Expert jointly selected by the NBA and NBPA will issue authorizations for Reasonable Cause Testing (see 4B, below) under the program.
The NBA, NBA teams, and the NBPA are prohibited from publicly disclosing information regarding the testing or treatment of any NBA player in the program, except as required by the suspension or dismissal of a player in the program. Once information about the testing and treatment of a player has been publicly disclosed by the player, his representative, or sources outside the NBA and the NBPA, it will no longer be considered confidential information under the program.
3. COMING FORWARD VOLUNTARILY
A player may come forward voluntarily regarding his use of a prohibited substance and seek treatment in the program. There is no penalty the first time a player comes forward voluntarily, but subsequent times will result in a penalty.
A player may not come forward voluntarily when he is subject to an authorization for Reasonable Cause Testing or when he is subject to in-patient or aftercare treatment in the program.
4. TESTING
All drug tests will be analyzed by certified laboratories selected by the Medical Director, and approved by the NBA and NBPA.
A player will test "positive" for a prohibited substance at the concentration levels set forth in the 1999 Collective Bargaining Agreement, or if the player fails or refuses to submit to a drug test, or if the player attempts to mask, substitute, dilute or adulterate his urine sample. A player notified of a positive result has two business days to request a re-test from the NBA and NBPA. The re-test will be performed at a laboratory different from the laboratory used for the first test.
B. Reasonable Cause Testing for All Players
If the NBA or NBPA receives information that provides reasonable cause of a player's use, possession or distribution of a prohibited substance, the NBA or NBPA will request a hearing with the other party and the Independent Expert within 24 hours of the receipt of that information. At that hearing, the Independent Expert will decide whether reasonable cause exists, and if it does exist, will issue an authorization for testing. After an authorization for testing is issued, the NBA will arrange for testing of the player four times during the next six weeks.
If the NBA or NBPA believe that there is sufficient evidence of a player's use, possession or distribution of a prohibited substance, the matter may be taken directly to the league's Grievance Arbitrator. If the Grievance Arbitrator determines that the player has used or possessed amphetamine and its analogs, cocaine, LSD, opiates or PCP, or has distributed any prohibited substance, he will be dismissed and disqualified from the NBA.
C. Testing of First-Year Players
A first-year player (a player who has not played an NBA regular season game before the current season) can be tested once during training camp, or, if a player reports during the regular season or with fewer than 15 days remaining in training camp, once during the first 15 days after he reports to his team. A first-year player can also be tested three times during the regular season, or, if he signs with a team after March 1, three times during the rest of that season and the next season. All such tests are at the discretion of the NBA and without prior notice to the player.
D. Testing of Veteran Players
Veteran players can be tested once during training camp, or, if a player reports during the season or with less than 15 days remaining in training camp, once during the first 15 days after he reports to his team. All such tests are at the discretion of the NBA and without prior notice to the player.
5. DISCIPLINE
A. Amphetamine, Cocaine, LSD, Opiates, PCP
If a player tests positive for amphetamine and its analogs, cocaine, LSD, opiates, or PCP during Reasonable Cause Testing, First-Year Testing, or Veteran Testing, he will be dismissed and disqualified from the NBA. A player will also be dismissed and disqualified from the NBA if he is convicted of, or pleads guilty, no contest or nolo contendre to, a crime involving the use or possession of amphetamine and its analogs, cocaine, LSD, opiates, or PCP.
B. Steroids
If a player tests positive for steroids for the first time during Reasonable Cause Testing, First-Year Testing, or Veteran Testing, the player will be suspended for five games and will be required to enter the program. A second positive test for steroids will result in a ten-game suspension and the player's re-entry into the program. A third (or any subsequent) positive test for steroids will result in a twenty-five game suspension and the player's re-entry into the program. A player will be dismissed and disqualified from the NBA if he is convicted of, or pleads guilty, no contest or nolo contendre to, a crime involving the use or possession of steroids.
C. Marijuana
If a player tests positive for marijuana for the first time during Reasonable Cause Testing, First-Year Testing, or Veteran Testing, or he is convicted of, or pleads guilty, nolo contendre or no contest to, the use or possession of marijuana in violation of the law, he will be required to enter the program. A second such violation will result in a $15,000 fine and the player's re-entry into the program. A third (or any subsequent) such violation will result in a five-game suspension and the player's re-entry into the program.
D. Non-Compliance With Treatment
A player's failure to comply with his in-patient or aftercare treatment while in the program will result in substantial fines and suspensions, which will be imposed until that player fully complies with the requirements of the program. Failure to comply with the program's requirements for the treatment of problems with amphetamine and its analogs, cocaine, LSD, opiates (heroin, codeine and morphine), and/or PCP can also lead to the termination of a player's contract or his dismissal and disqualification from the NBA.
A player who has previously been in the program for problems with prohibited substances (other than steroids and marijuana) and fails to comply with his in-patient or aftercare treatment will automatically be suspended during his period of in-patient treatment and for at least six months of his aftercare. Any later use, possession or distribution of amphetamine and its analogs, cocaine, LSD, opiates, and/or PCP, (even if voluntarily disclosed) will result in his dismissal and disqualification from the NBA.
6. TREATMENT
Any player that enters the program must comply with the in-patient and aftercare ordered by the Medical Director, including, but not limited to, random testing for prohibited substances and alcohol. If a player seeks treatment outside the program, he may be required to be tested without notice.
7. REINSTATEMENT
Any veteran player who is dismissed and disqualified from the NBA under the terms of the program will be disqualified for a period of not less than two years. Any first-year player who is dismissed and disqualified from the NBA under the terms of the program will be disqualified for a period of not less than one year. A player will only be reinstated with the approval of both the NBA and the NBPA, and such approval may be conditioned on random testing and other terms.
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