PGA TOUR. Anti-Doping Program Manual

Transcription

1 PGA TOUR Anti-Doping Program Manual REVISED OCTOBER 2017

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3 Table of Contents How To Use This Manual... 2 SECTION 1: Player Guide To Anti-Doping... 3 Who is covered by the Anti-Doping Program... 3 What substances and methods are banned... 3 Am I liable for a prohibited substance in my body even if I did not intend to take the substance...3 What should players know about nutritional and health products... 3 Are there supplements that have been tested/certified as free from banned substances... 4 What about medical treatment... 4 What medications are permitted... 4 Who conducts the testing and who will be tested... 4 What are the steps in the urine testing process... 5 What happens once my urine sample is analyzed... 6 What are the steps in blood testing... 7 What happens once my blood sample is analyzed... 8 What other conduct is prohibited by the Program... 9 How are Drugs of Abuse Violations different from Anti-Doping Rule Violations... 9 What is involved in sanctioning... 9 Can a sanction be appealed... 9 SECTION 2: PGA TOUR Anti-Doping Program SECTION 3: PGA TOUR Anti-Doping Program Definitions SECTION 4: THE PGA TOUR PROHIBITED SUBSTANCES AND METHODS LIST SECTION 5: Player Guide to Prohibited Substances Introduction Anabolic Agents Hormones and Related Substances Hormone And Modulators Diuretics and Other Masking Agents Stimulants Beta Blockers Drugs Of Abuse SECTION 6: Therapeutic Use Exemptions Definition of a Therapeutic Use Exemption Overview of a TUE Criteria for Granting a TUE Retroactive TUE Applications Documentation Required Determination of Sufficiency Methods of Submission of a TUE Application TUE Committee Constitution Renewing a TUE TUE Appeal Recognition SECTION 7: Examples of Permitted Medications SECTION 8: Player Resources INDEX Anti-Doping Program Manual 1

4 How to Use This Manual This manual is your comprehensive guide to the PGA TOUR Anti-Doping Program. You should carefully read this manual to ensure that you understand all of the elements of the Program and how to comply. Additional copies of this manual are available upon request for your support personnel (e.g., managers, physicians, fitness advisors, nutritionists). Section 1 is the Player Guide, which lists answers to the most frequently asked questions regarding the Anti-Doping Program. This Guide also gives a step-by-step overview of the drug testing process. Section 2 is the PGA TOUR Anti-Doping Program in its entirety. This Program is part of the Tournament Regulations for all Covered Tournaments. Section 3 is a list of definitions for terms used in the Program. Section 4 is the Prohibited Substances and Methods List. This List is also posted at com. You should provide this list to your healthcare providers and fitness/nutrition advisors. Section 5 is the Player Guide to Prohibited Substances. Section 6 explains the process for obtaining a Therapeutic Use Exemption ( TUE ) (a waiver to use a banned substance for a certified medical need). Section 7 is a list of common medications that are permitted under the Program. A wallet card containing examples of prohibited substances and permitted medications is attached at the back of this manual. Section 8 is a list of Player Resources, including 24 hour-a-day telephone access to advisors to ask questions about the Program, prohibited substances, and dietary supplements. If you have any questions regarding the Program, contact Andy Levinson, PGA TOUR Program Administrator at (904) or andylevinson@pgatourhq.com. 2 Anti-Doping Program Manual

5 PLAYER GUIDE TO ANTI-DOPING SECTION 1 Player Guide to Anti-Doping Who is covered by the Anti-Doping Program? The Anti-Doping Program (the Program ) (Section 2) was developed in cooperation with the major world golf organizations to protect the integrity that is inherent in the sport of golf and to ensure the health and safety of all players. Currently, all PGA TOUR, Web.com Tour, PGA TOUR Latinoamérica, PGA TOUR Canada, and China Tour-PGA TOUR China Series members are bound by the Program. Additionally, any player who participates in a PGA TOUR, Web.com Tour, PGA TOUR Latinoamérica, PGA TOUR Canada, and China Tour-PGA TOUR China Series Tour co-sponsored, sanctioned, approved or coordinated tournament is bound by the Program. What substances and methods are banned? The PGA TOUR List of Prohibited Substances and Methods (the List ), as amended by PGA TOUR from time to time, defines what is prohibited, whether in or out of tournament competition. The most current edition of the List can be found in Section 4 of this manual and is posted on Am I liable for a prohibited substance in my body even if I did not intend to take the substance? You are strictly liable whenever you use a prohibited substance or whenever a prohibited substance is in your body. This means that if a test indicates the presence of a prohibited substance in your test sample or if the PGA TOUR becomes aware you have used a prohibited substance, including if by your own admission, you have committed a doping violation regardless of how the prohibited substance entered your body. It does not matter whether you unintentionally or unknowingly used a prohibited substance. It is, therefore, very important for players to understand not only what is prohibited, but also how a prohibited substance may get into your body and whether a dietary supplement or other product or treatment could contain a prohibited substance, potentially causing an accidental violation. What should players know about nutritional and health products? You should always make your doctors and other health care, nutrition and fitness advisors aware that you are bound by the Program. Some dietary or nutritional supplements, homeopathic products, herbal remedies, botanicals or energy bars could contain substances that are banned under the Program. The TOUR has partnered with Drug Free Sport to provide an easily accessible resource designed to answer your questions about dietary supplements. Drug Free Sport (AXIS) provides players with upto-date, confidential and accurate information on dietary supplements and dangerous or prohibited substances. (See Section 8 of this Manual to contact AXIS.) If you are unsure of a product s ingredients, you should not take that product until you are sure it does not contain any prohibited substance(s). In addition, the manufacturing and labeling of supplements are not subject to strict regulation, which may lead to a supplement containing a substance that is prohibited under the Program, even though that substance is not listed as an ingredient In years past, positive test results in other sports have been attributed to the use of mislabeled supplements. Since taking a poorly labeled supplement is not a defense to a violation of the Program, you are urged to exercise caution and conduct appropriate research when using these products. Anti-Doping Program Manual 3

6 PLAYER GUIDE TO ANTI-DOPING Are there supplements that have been tested/certified as free from banned substances? The PGA TOUR has partnered with NSF International to provide product names of certified energy bars, energy drinks, vitamins, and protein supplements to PGA TOUR players. NSF International s Certified for Sport Program tests each and every lot of certified supplements to ensure they are free from banned substances. Products certified under this program are listed at com/listings/certified_products.asp Information on certified supplement discounts for players can also be found on com or by contacting the Program Administrator. Information on non-certified supplements which may contain Prohibited Substances can be found on the Supplement 411 link at What about medical treatment? You may at times experience a medical condition that results in your doctor prescribing medications. Some medicines are banned under the Program. However, by applying for and obtaining a therapeutic use exemption (a TUE ) a player may be allowed to take the necessary medicine. If you obtain a TUE, and the prohibited substance allowed by the TUE is detected in your test sample, it will protect you from sanctions under the Program. If you need to apply for a TUE, you should refer to Section 6 of this manual to learn about the TUE application process and review the TUE information on pgatourlinks.com. If you are a member of another tour (and not a member of the PGA TOUR) you should ask your governing tour about its TUE process. The PGA TOUR may recognize TUEs granted by other golf organizations provided the exemption was granted in a manner consistent with the PGA TOUR s Program. What medications are permitted? Most medications are permitted under the Program. Section 7 lists examples of common medications (both prescription and over-the-counter) that are permitted under the Program. You should share this information with your health care providers should you need to undergo any medical treatment. A wallet card listing both prohibited classes of substances and common permitted medications can be found at the back of this manual. Who conducts the testing and who will be tested? Drug Free Sport will conduct the actual testing on behalf of the PGA TOUR. Drug Free Sport currently provides drug testing and/or education services for the NFL, MLB, NBA, NCAA and hundreds of colleges and universities. The PGA TOUR and Drug Free Sport will select who is tested and when the tests are conducted based on the approved International Standards for testing, and based on the TOUR s overall objectives for the Program. Testing may be done through collection of blood or urine, as the PGA TOUR deems appropriate. You may be selected for testing at any time or place, both inside and outside of tournament competition. All testing is without prior notice. Specially trained and accredited drug testing personnel will perform all tests. The collection process is designed to ensure a confidential and expedient testing experience for the player. 4 Anti-Doping Program Manual

7 PLAYER GUIDE TO ANTI-DOPING What are the steps in the urine testing process? The following is a general overview of the urine testing process. Departures from these procedures will not invalidate a test result unless it is determined that the integrity of the sample has been affected. Notification When you are selected for in-competition urine testing, a collector will notify you and inform you of your rights and responsibilities, including the right to have a representative present (except during the time you actually provide the sample). The collector will also provide information to ensure a successful sample provision (e.g., avoiding over-hydrating or under- hydrating prior to the collection). You will be required to sign a form confirming that you have been notified of your selection for drug testing. You must bring photo identification (e.g., PGA TOUR player credential, valid driver s license, passport) with you to the area on- site where testing will be conducted (also known as the testing area ). Report to the Testing Area Once notified, you must report to the designated testing area as soon as possible. The collector may allow you to delay reporting to the testing area for unavoidable obligations; however, you will be monitored from the time of notification until completion of the sample collection process. A failure to report to the testing area by the required time is the same as a doping violation under the Program. Hand Washing You will be required to rinse and dry your hands prior to the sample collection process. Selection of Collection Container You will choose an individually sealed collection container. You may verify that the seal on the container is intact and has not been tampered with. You will maintain control of the collection container at all times until it is sealed as described below. Provision of Sample Only you and the collector are permitted in the restroom during the sample collection. If you have a disability, you may also have your representative present; however, any such representative is not permitted to view the sample collection. The collector s objective is to ensure that he correctly observes the sample collection process. Volume of Urine The collector shall use the relevant laboratory specifications to verify, in your full view, that the volume of the urine sample satisfies requirements for analysis. Selection of the Sample Collection Kit You will choose one individually sealed sample collection kit. You may verify that the seal on the kit is intact and has not been tampered with. The collector will open the kit. Anti-Doping Program Manual 5

8 PLAYER GUIDE TO ANTI-DOPING Splitting the Sample The collector will measure the specific gravity of the sample prior to splitting the sample into an A and B vial. The collector will split the sample, pouring the required volume of urine into the bottle labeled with an A ; and pouring the required volume of urine into the bottle labeled with a B. Sealing the Samples The collector will seal both of the A and B bottles. You and/or your representative, if applicable, may verify that the bottles are sealed properly. Measuring Specific Gravity If your sample does not meet the specific gravity requirements (i.e., density), you may be asked to provide additional samples. This may include your having to wait in the testing area until you have provided a sample meeting the specification. Completion of Information You will provide information, including your name, on either a written form or an electronic hand-held device provided by the collector. Be sure to confirm that all of the information you provide is correct, including the code number of your sample. You will be given the opportunity to complete the Comments section of the form to note any comments or concerns you have regarding the process. Out-of-Competition Testing The sample collection process for out-of-competition tests is substantially similar to the process described above, with adjustments appropriate to the place and circumstances of Testing. The Laboratory Process Your samples are packaged for shipping to ensure that their security is tracked. They are sent to an accredited laboratory, which will adhere to the International Standard for Laboratories when processing your samples, ensuring the chain of custody is maintained at all times. Your A sample is analyzed first. Your B sample is securely stored and may be used to confirm a potential violation if the A sample comes back positive for a banned substance or method. The laboratory will confidentially report the results of your sample analysis to the PGA TOUR Anti-Doping Program Administrator ( Program Administrator ). What happens once my urine sample is analyzed? The laboratory that has analyzed your A sample will report the results to the Program Administrator. Samples analyzed by labs are identified by code numbers and not player names. If your A sample is negative for a prohibited substance or method (indicating no violation), the Program Administrator will notify you within three weeks. If your A sample is positive for a substance or method (indicating a potential violation), the Program Administrator will conduct an initial review to determine whether you have an approved TUE for the 6 Anti-Doping Program Manual

9 PLAYER GUIDE TO ANTI-DOPING particular substance found in your sample and to ensure that sample collection and analysis was conducted according to the required procedures. Your sample may also be reported as an Atypical Finding, which means that further Investigation, to be coordinated by the Program Administrator, is required. If the initial review supports the finding of a potential violation and there is no applicable TUE, you will be notified in writing of the positive test and your rights regarding the analysis of your B sample. If you decide to request a B sample analysis, you may attend that analysis or choose to send a representative on your behalf. You will have two (2) business days to notify the Program Administrator whether you will attend the scheduled B sample analysis. Should the B sample analysis confirm the A sample analysis, confirming the finding of a violation under the Program, the player will have an opportunity to submit a written explanation of any mitigating or extenuating circumstances to the Program Administrator. If a violation is found following review of such explanation, the player will be notified. What are the steps in the blood testing process? The following is a general overview of the blood testing process. Departures from these procedures will not invalidate a test result unless it is determined that the integrity of the sample has been affected. Notification When you are selected blood testing, a collector will notify you and inform you of your rights and responsibilities, including the right to have a representative present. The collector will also provide information to ensure a successful sample provision (e.g., adequate hydration prior to the collection). You will be required to sign a form confirming that you have been notified of your selection for drug testing. You must bring photo identification (e.g., PGA TOUR player credential, valid driver s license, passport) with you to the area on-site where testing will be conducted (also known as the testing area ). Report to the Testing Area Once notified, you must report to the designated testing area as soon as possible. The collector may allow you to delay reporting to the testing area for unavoidable obligations; however, you will be monitored from the time of notification until completion of the blood sample collection process. A failure to report to the testing area by the required time is the same as a doping violation under the Program. Once you have reported to the testing area, you will be instructed to hydrate (e.g., water or sports drink) and sit with your feet on the floor for at least 15 minutes before starting the blood draw. Selection of Collection and Transport Kits You will choose an individually sealed collection kit containing a needle, two vials and an individually sealed transport kit. You may verify that the seals on both kits are intact and have not been tampered with. You or the collector will open the selected kits and verify that all of the sample number barcodes and on the kits are the same. You will maintain full view of the collection kits and vials at all times until they are sealed as described below. Provision of Sample Anti-Doping Program Manual 7

10 PLAYER GUIDE TO ANTI-DOPING The blood collection specialist (BCS) will ask you to verbally indicate your non-dominant arm. If the blood draw is not possible or unsuccessful from your non-dominant arm, your dominant arm will be used. If the BCS believes that a butterfly needle is required, you will be asked to select a butterfly needle from a selection of sealed needles. No more than three (3) total blood draw attempts will be allowed. The BCS will clean the needle puncture site and apply a tourniquet to the selected arm. Two 5 ml vials of blood will be drawn and kept in your view for packaging after the BCS has bandaged the puncture site and provided any first aid care if necessary. Sealing the Samples The collector or BCS will gently invert each vial a minimum of 5 times and you, or the BCS with your permission, will adhere a sample barcode number to the side of each vial. The vials are then locked inside a transport kit. You and/or your representative, if applicable, may verify that the sample numbers all match and the transport kits are locked and sealed properly. After approximately 15 minutes at room temperature, the locked transport kit will be placed inside a cooled shipping container. Completion of Information You will provide information, including your name, on either a written form or an electronic hand-held device provided by the collector. Be sure to confirm that all of the information you provide is correct, including the code number of your sample. The Laboratory Process Your samples are specially packaged for shipping to ensure that their security is tracked and temperature monitored. They are sent to an accredited laboratory, which will adhere to the International Standard for Laboratories when processing your samples, ensuring the chain of custody is maintained at all times. Your A sample is analyzed first. Your B sample is securely stored and may be used to confirm a potential violation if the A sample comes back positive for a banned substance or method. The laboratory will confidentially report the results of your sample analysis to the Program Administrator. What happens once my blood sample is analyzed? The laboratory that has analyzed your A sample will report the results to the Program Administrator. Samples analyzed by labs are identified by code numbers and not player names. If your A sample is negative for a prohibited substance or method (indicating no violation), the Program Administrator will notify you within three weeks. If your A sample is positive for a substance or method (indicating a potential violation), the Program Administrator will conduct an initial review to determine whether you have an approved TUE for the particular substance found in your sample and to ensure that sample collection and analysis was conducted according to the required procedures. Your sample may also be reported as an Atypical Finding, which means that further Investigation, to be coordinated by the Program Administrator, is required. 8 Anti-Doping Program Manual

11 PLAYER GUIDE TO ANTI-DOPING If the initial review supports the finding of a potential violation and there is no applicable TUE, you will be notified in writing of the positive test and your rights regarding the analysis of your B sample. If you decide to request a B sample analysis, you may attend that analysis or choose to send a representative on your behalf. You will have two (2) business days to notify the Program Administrator whether you will attend the scheduled B sample analysis. Should the B sample analysis confirm the A sample analysis, confirming the finding of a violation under the Program you will have an opportunity to submit a written explanation of any mitigating or extenuating circumstances to the Program Administrator. If a violation is found following review of such explanation, the player will be notified. What other conduct is prohibited by the Program? Other conduct prohibited by the Program, include the possession, use or attempted use of a prohibited substance or method; evading sample collection or refusing or failing to be tested; tampering or attempted tampering with a sample or any part of the Doping Control process; trafficking in, administering, or attempted trafficking or administration of any prohibited substance or method; or complicity in or admitting to any conduct that is prohibited by the Program. How are Drugs of Abuse Violations different from Anti-Doping Rule Violations? Drugs of Abuse Violations, as determined in the discretion of the Program Administrator, shall be referred for evaluation and disciplinary action under the Tournament Regulations for Conduct Unbecoming a Professional. Anti-Doping Rule Violations shall be evaluated under the provisions of the Program and subject to the Sanctions for Anti-Doping Rule Violations. What is involved in sanctioning? Sanctions for Anti-Doping Rule Violations may include Disqualification, forfeiture of prize money/ points and other awards, ineligibility, and fines. Sanctions for Drugs of Abuse Violations, as determined in the discretion of the Program Administrator, are determined under the Tournament Regulations for Conduct Unbecoming a Professional and may include rehabilitation or medical treatment in lieu of or in addition to other sanctions under the Tournament Regulations. Can a sanction be appealed? You will have seven (7) calendar days to appeal a sanction for an Anti-Doping Rule Violation by sending written notice of such intent to the Commissioner. Any sanctions for Drugs of Abuse Violations may be appealed in accordance with the appeals process for Intermediate and Major Penalties set forth in the Tournament Regulations The decision on appeal is final and binding. Anti-Doping Program Manual 9

12 PGA TOUR ANTI-DOPING PROGRAM SECTION 2 PGA TOUR Anti-Doping Program A. INTRODUCTION The PGA TOUR has developed this Anti-Doping Program (the Program ) to protect the integrity that is inherent in the sport of golf, and to ensure the health and safety of all players. The use of doping substances is contrary to the spirit of fair competition that has always been a part of golf. This Program is based on the approved International Anti-Doping Standards tailored to the sport of golf. Players are responsible for knowing what constitutes an Anti-Doping Rule Violation under the Program and the substances and methods which have been included on the PGA TOUR Prohibited List. The PGA TOUR is committed to educating players on the dangers associated with doping substances. The Program will be administered by the PGA TOUR Anti-Doping Program Administrator (the Program Administrator ), with the assistance of PGA TOUR staff and external legal, medical, and scientific experts. Italicized words in this Program have the meanings set forth in Section 3 of this manual. B. PROGRAM APPLICATION By virtue of membership, all players who are members of the PGA TOUR, Web.com Tour, PGA TOUR Latinoamérica, PGA TOUR Canada, or China Tour-PGA TOUR China Series agree to comply with and be bound by the terms of the Program. Any other player who participates in a PGA TOUR, Web. com Tour, PGA TOUR Latinoamérica, PGA TOUR Canada, or China Tour-PGA TOUR China Series cosponsored, sanctioned, approved or coordinated tournament ( Covered Tournament ) agrees as a condition of participation to comply with and be bound by the terms of the Program. C. JURISDICTION The PGA TOUR retains jurisdiction to bring Anti-Doping Rule Violation cases against retired players or players who are not members on account of an Anti-Doping Rule Violation which occurred while a player was a member or while a player was participating in a Covered Tournament. D. PROHIBITED CONDUCT The following conduct is prohibited under the Program: (1) The presence of a Prohibited Substance or its Metabolites or Markers in a player s sample. (a) It is each player s personal duty to ensure that no Prohibited Substance enters his body and that no Prohibited Method is used. Players are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their samples. Accordingly, it is not necessary that intent, fault, negligence or knowing use on the player s part be demonstrated in order to establish a violation under Section D(1). (b) Sufficient proof of prohibited conduct under Section D(1) is established by either of the following: (1) an Adverse Analytical Finding upon analysis of the player s A sample where the player waives analysis of the B sample or, (2) where the player s B sample is analyzed, the analysis of the player s B sample confirms the presence of the Prohibited Substance or its Metabolites or Markers found in the player s A sample. (c) Excepting those substances for which a quantitative reporting threshold is specifically identified in the PGA TOUR Prohibited List, the presence of any quantity of a Prohibited Substance or its Metabolites or Markers in a player s sample shall constitute an Anti- 10 Anti-Doping Program Manual

13 PGA TOUR ANTI-DOPING PROGRAM (d) Doping Rule Violation. As an exception to the general rule of Section D(1)(c), the PGA TOUR Prohibited List may establish special criteria for the evaluation of Prohibited Substances that can also be produced Endogenously. (2) Use or Attempted Use by a player of a Prohibited Substance or a Prohibited Method. (a) It is each player s personal duty to ensure that no Prohibited Substance enters his body and that no Prohibited Method is Used. Accordingly, it is not necessary that intent, fault, negligence or knowing Use on the player s part be demonstrated in order to establish an Anti-Doping Rule Violation for Use of a Prohibited Substance or a Prohibited Method. (b) The success or failure of the Use or Attempted Use of a Prohibited Substance or Prohibited Method is not material. It is sufficient that the Prohibited Substance or Prohibited Method was Used or Attempted to be Used for an Anti-Doping Rule Violation to be committed. (3) Evading sample collection or without compelling justification, refusing or failing to submit to sample collection after notification. (4) Tampering, or Attempting to Tamper, with any part of Doping Control. Conduct which subverts the Doping Control process but which would not otherwise be included in the definition of Prohibited Methods. Tampering shall include, without limitation, intentionally interfering or attempting to interfere with a Doping Control official, providing fraudulent information to the PGA TOUR or intimidating or attempting to intimidate a potential witness. (5) Possession by a player of any Prohibited Substance or Prohibited Method, unless the player establishes that the Possession is pursuant to a therapeutic use exemption granted in accordance with Section F (Therapeutic Use Exemptions) or other acceptable justification. (6) Trafficking or Attempted Trafficking in any Prohibited Substance or Prohibited Method. (7) Administration or Attempted administration to any player of any Prohibited Substance or Prohibited Method. (8) Assisting, encouraging, aiding, abetting, conspiring, covering up or any other type of intentional complicity involving an anti-doping rule violation, or Attempted anti-doping rule violation, or a player s violation of a period of ineligibility imposed by the PGA TOUR. (9) Admissions by a player of any of the conduct listed in Sections (1) - (8) above. E. PROHIBITED SUBSTANCES AND PROHIBITED METHODS The PGA TOUR shall publish a PGA TOUR Prohibited List which identifies substances and methods prohibited under the Program. Prohibited Substances and Prohibited Methods may be included in the PGA TOUR Prohibited List by general category (eg., anabolic agents) or by specific reference to a particular substance or method. PGA TOUR has the right to amend the PGA TOUR Prohibited List from time to time. If the PGA TOUR Prohibited List is amended, the portion so amended will go into effect ninety (90) days after publication. Anti-Doping Program Manual 11

14 PGA TOUR ANTI-DOPING PROGRAM The PGA TOUR s determination of the Prohibited Substances and Prohibited Methods that will be included in the PGA TOUR Prohibited List and the classification of substances into categories on the PGA TOUR Prohibited List is final and shall not be subject to challenge by a player. The PGA TOUR may also establish a PGA TOUR Monitoring List of substances and methods which are not currently prohibited but which laboratories will be asked to identify in analyzing samples so that the PGA TOUR can evaluate whether those substances or methods are being abused. Laboratory results of samples pertaining to substances on the PGA TOUR Monitoring List shall be reported anonymously. The presence of a monitored substance in a player s system is not prohibited by the Program. F. THERAPEUTIC USE EXEMPTIONS ( TUEs ) Players may obtain a TUE for the use of a Prohibited Substance or Prohibited Method where: (1) The player would experience a significant impairment to health if the Prohibited Substance or Prohibited Method were to be withheld in the course of treating an acute or chronic medical condition (the use of any Prohibited Substance or Prohibited Method to increase low-normal levels of any Endogenous hormone is not considered an acceptable therapeutic intervention); and (2) The therapeutic use of the Prohibited Substance or Prohibited Method would produce no additional enhancement of performance other than that which might be anticipated by a return to a state of normal health following the treatment of a legitimate medical condition; and (3) There is no reasonable therapeutic alternative to the use of the otherwise Prohibited Substance or Prohibited Method; and (4) The necessity for the use of the otherwise Prohibited Substance or Prohibited Method is not a consequence, wholly or in part, of a prior non-therapeutic use of any substance on the PGA TOUR Prohibited List. A TUE can only be granted if all four criteria are fulfilled. Presence of a Prohibited Substance or its Metabolites or Markers, Use or Attempted Use of a Prohibited Substance or Prohibited Method, Possession of a Prohibited Substance or Prohibited Method or administration of a Prohibited Substance or Prohibited Method consistent with the provisions of an applicable TUE shall not be considered an Anti-Doping Rule Violation. Application (including all requested medical information) for a TUE shall be made before a player uses a Prohibited Substance or Prohibited Method and, in all events, at least thirty (30) days prior to participation in a PGA TOUR co-sponsored, approved or coordinated tournament for which the TUE is sought. The application will be considered by a TUE Committee consisting of the PGA TOUR s medical advisor and additional specialists (as appropriate) designated by the PGA TOUR s medical advisor from an established list of medical experts. TUE applications submitted later than thirty (30) days prior to a tournament (retroactive TUE applications) may be submitted in emergency circumstances. 12 Anti-Doping Program Manual

15 PGA TOUR ANTI-DOPING PROGRAM Outside of emergency circumstances, retroactive TUEs may be granted only where the player undergoes, at his expense, all testing procedures required by the PGA TOUR s TUE Committee and where the medical justification for the TUE is clear. A player whose TUE application is denied by the TUE Committee may appeal the denial by submitting a written appeal to the Commissioner within fourteen (14) days of the date of notification of the denial. In considering the appeal, the Commissioner may consult with additional medical advisors of his choosing, and may require the player to submit additional information. Within thirty (30) days of receiving the TUE appeal, the Commissioner will advise the player of his decision either confirming the denial of the TUE or granting the TUE. A player will have seven (7) calendar days to appeal the Commissioner s decision on a TUE by sending written notice of such intent to the Program Administrator. Prior to a TUE being granted, a player who uses a substance on the PGA TOUR Prohibited List does so at his own risk of a TUE denial, potentially resulting in an Anti-Doping Rule Violation or a Drugs of Abuse Violation. The PGA TOUR may recognize TUEs granted by other golf organizations provided the exemption was granted in a manner consistent with the PGA TOUR s Program. G. SAMPLE COLLECTION AND ANALYSIS The PGA TOUR, and third parties authorized by the PGA TOUR, may collect a urine and/or blood sample from any player covered by the Program with or without notice at any time or place. Target Testing may be directed by the Program Administrator. The PGA TOUR has the right to require that players provide their whereabouts to permit testing at any time. Once collected, all samples become the property of the PGA TOUR. For purposes of conduct prohibited by Section D(1) of the Program, samples shall be analyzed only in Approved Laboratories. The choice of the laboratory used for sample analysis shall be determined exclusively by the PGA TOUR. Samples shall be analyzed to detect Prohibited Substances and Prohibited Methods identified on the PGA TOUR Prohibited List and on the PGA TOUR Monitoring List, to assist the PGA TOUR in profiling relevant parameters in a player s urine and/or blood for anti-doping purposes, or to obtain other analytical evidence of players compliance with the Program. The Program Administrator may identify samples for long-term storage. A sample may be reanalyzed at any time at the direction of the Program Administrator. No sample may be used for any other purpose without the player s written consent. Samples used for research shall have any means of identification removed such that they cannot be traced back to a particular player. Laboratories shall analyze samples and report results in conformance with International Standard for Laboratories or otherwise as provided in the PGA TOUR Prohibited List, PGA TOUR Monitoring List or as directed by the PGA TOUR. H. RESULTS MANAGEMENT (1) Upon receipt of a laboratory report showing an Adverse Analytical Finding for a Prohibited Substance or Prohibited Method, the PGA TOUR will promptly notify the player of the result. Anti-Doping Program Manual 13

16 PGA TOUR ANTI-DOPING PROGRAM (2) Upon receipt of a laboratory report indicating an A sample Adverse Analytical Finding, the Program Administrator will conduct an expedited review to determine whether an applicable TUE has been granted or whether there is any apparent departure from the International Standard for Testing and Investigations or International Standard for Laboratories that could reasonably have caused the Adverse Analytical Finding. If that review does not reveal an applicable TUE or departure, the Program Administrator shall promptly notify the player of the Adverse Analytical Finding and the date on which the laboratory will conduct the B sample analysis. Analysis of the B sample may be delayed, at the Program Administrator s discretion, if the player promptly submits a retroactive TUE application. The player may attend the B sample analysis accompanied by a representative, or may have a representative appear on his behalf at the player s expense. The player may also waive analysis of the B sample. The player must notify the Program Administrator within two (2) business days whether he will attend the B sample analysis. Upon receipt of the laboratory s B sample analytical report, the Program Administrator shall promptly notify the player of the result. If the B sample analysis confirms the A sample Adverse Analytical Finding, the Program Administrator shall provide the player the applicable laboratory documentation. (3) Upon receipt of a laboratory report indicating an Atypical Finding or an Atypical Passport Finding, the Program Administrator shall conduct any follow-up investigation which he deems appropriate. (4) If the PGA TOUR becomes aware of any other conduct that may be prohibited under the Program, the Program Administrator shall conduct investigation of the matter as he deems appropriate. (5) At such time as the Program Administrator determines that a player may have committed an Anti-Doping Rule Violation, the player shall be Notified of the potential violation. The player shall have seven (7) calendar days from such Notice to provide a written explanation, including any mitigating or extenuating circumstances, to the Program Administrator. The Commissioner, in consultation with the Program Administrator, shall review any information submitted by the player and shall then decide whether to go forward with an Anti-Doping Rule Violation against the player. If the Commissioner s decision is to go forward with an Anti-Doping Rule Violation, the player shall be provided a written Notice of the sanction which will be imposed. That sanction will be imposed seven (7) calendar days after notification unless the player advises the Program Administrator in writing that he desires to appeal the Commissioner s decision as provided in Section I. (6) At such time as the Program Administrator believes that a player may have committed a Drugs of Abuse Violation, the matter shall be referred for evaluation and disciplinary action under the Tournament Regulations for Conduct Unbecoming a Professional. I. APPEALS (1) Decisions regarding Drugs of Abuse Violations may be appealed under the appeal provisions for Intermediate and Major Penalties set forth in the Tournament Regulations, which shall be the sole and exclusive remedy for any dispute relating to Drugs of Abuse Violations. (2) Decisions by the Commissioner regarding Anti-Doping Rule Violations, Therapeutic Use Exemptions, or any other dispute regarding the Program other than a dispute relating to Drugs 14 Anti-Doping Program Manual

17 PGA TOUR ANTI-DOPING PROGRAM of Abuse Violations may be appealed only as set forth below in this Section, which shall be the sole and exclusive remedy for any dispute relating to the Program other than Drugs of Abuse Violations. The PGA TOUR s consistency or inconsistency with WADA s interpretation or application of a Prohibited Substance or Prohibited Method shall not be appealable or subject to challenge in whole or in part by a player. (a) (b) (c) The player must notify the Commissioner of his desire to appeal the Commissioner s decision within seven (7) calendar days as provided in Section F or Section H(5) or within seven (7) calendar days the player knows or should have known of any other dispute under the Program. If the player fails to appeal within the time specified, then the Commissioner s decision shall be final and not subject to any further challenge or appeal. The appeal shall be administered by the American Arbitration Association ( AAA ) and shall be heard before an arbitration panel constituted as described in subsection below. All parties to the appeal must keep the fact of the appeal as well as the subject matter and the matters discussed therein as confidential as possible except as provided in Section M below. All parties to the appeal must instruct witnesses or potential witnesses with whom they discuss the appeal the fact of the appeal as well as the subject matter should be kept as confidential as possible. The Commissioner shall forward the player s appeal to the AAA, along with the name of an arbitrator selected by the PGA TOUR from the list of Arbitrators who are both AAA arbitrators located in North America and Court of Arbitration for Sport arbitrators (the List ). The arbitrator selected by the PGA TOUR shall be the chairman of the arbitration panel. The AAA shall then provide the List to the player, together with the name of the arbitrator selected by the PGA TOUR. The player shall have two (2) business days to select an arbitrator from the List. If no arbitrator is selected by the player during the designated time period, the arbitration shall be heard by the single arbitrator selected by the PGA TOUR. If the player selects an arbitrator within the designated time period, then within three (3) business days from notification of the selection by the player, the two selected arbitrators shall decide on a third arbitrator. If the decision appealed involves an Adverse Analytical Finding, the third arbitrator shall be chosen by the two arbitrators from among the directors of WADA-accredited laboratories in North America (excluding the laboratory that reported the Adverse Analytical Finding). If the decision appealed involves a Therapeutic Use Exemption, then the two arbitrators shall select as the third arbitrator a physician in the relevant specialty from a master list of physicians provided by the PGA TOUR. If the decision appealed does not involve either an Adverse Analytical Finding or a Therapeutic Use Exemption, then the two arbitrators may choose either a director of one of the North American WADA-accredited laboratories or a physician from the PGA TOUR list, as they deem appropriate. If the two arbitrators do not select a third arbitrator within the designated time period, the AAA Regional Vice President, or similar position, who is assigned by AAA to administer the appeal shall select the third arbitrator within two (2) business days after the designated time period has expired in accordance with the criteria set forth above. The PGA TOUR and the player may also mutually agree to have the matter heard by a single arbitrator. The arbitrators shall be compensated at the hourly rate established by the Court of Arbitration for Sport in effect at the time the arbitrators are appointed. Anti-Doping Program Manual 15

18 PGA TOUR ANTI-DOPING PROGRAM (d) (e) The hearing shall take place within 45 days of the formation of the arbitration panel unless exceptional circumstances warrant delay. The hearing shall be expedited at the request of either the PGA TOUR or the player for good cause shown. The location of the hearing shall be determined by the chair of the arbitration panel. All hearings shall be closed to the public. In all hearings, the rules set forth in this PGA TOUR Anti-Doping Program Manual shall be controlling. i. No discovery shall be permitted for any hearing under this section other than as specifically set forth below: 1. In support of an Adverse Analytical Finding or Atypical Finding, laboratories shall be required to produce the laboratory documentation required by the International Standard for Laboratories (ISL). 2. For decisions involving Therapeutic Use Exemptions, PGA TOUR shall produce a file of all documents considered by the TUE Committee. ii. Facts related to Anti-Doping Rule Violations may be established by any reliable means including, but not limited to, admissions, witness statements, documentary evidence, or conclusions drawn from longitudinal profiling or other analytical information which does not otherwise satisfy all of the requirements to establish a violation for Section D(1). The following presumptions shall be applicable: 1. Analytical methods or decision limits approved by WADA, after appropriate consultation within the relevant scientific community and which have been the subject of peer review, are presumed to be scientifically valid. Either party may seek to rebut this presumption of scientific validity 2. Approved Laboratories are presumed to have conducted sample analysis and custodial procedures in accordance with the International Standard for Laboratories. The player may rebut this presumption by establishing that a departure from the International Standard for Laboratories occurred which could reasonably have caused the Adverse Analytical Finding. Departures from an International Anti-Doping Standard, this Program or other anti-doping rule or policy which did not cause an Adverse Analytical Finding or other Anti-Doping Rule Violation shall not invalidate such results. If the player establishes that a departure from the International Standard for Laboratories, the International Standard for Testing and Investigation, or this Program which could reasonably have caused the Adverse Analytical Finding occurred, then the PGA TOUR shall have the burden to establish that such departure did not cause the Adverse Analytical Finding or the factual basis for the Anti-Doping Rule Violation. 3. The arbitration panel may draw an inference adverse to a player if the player refuses, after a request made a reasonable time in advance of the hearing, to appear at the hearing and to answer questions from the PGA TOUR or the arbitration panel. 16 Anti-Doping Program Manual

19 PGA TOUR ANTI-DOPING PROGRAM 4. The facts established by a decision of a court or professional disciplinary tribunal of competent jurisdiction which are not the subject of a pending appeal shall be irrefutable evidence against the player to whom the decision pertained of those facts unless the player establishes that the decision violated principles of natural justice. iii. The burden of proof shall be as follows: 1. The PGA TOUR shall have the burden of establishing a violation by a balance of probability for any challenge by a player that an Anti-Doping Rule Violation has occurred. 2. The player shall have the burden to demonstrate that the PGA TOUR abused its discretion if player does not contest that the Anti-Doping Rule Violation(s) occurred but instead challenges the sanction imposed. 3. In the event that the player challenges both whether there was an Anti-Doping Rule Violation and the sanction imposed: a. The PGA TOUR shall have the burden of establishing a violation by a balance of probability; and b. If the arbitration panel finds that the player committed the Anti-Doping Rule Violation, the player shall have the burden of establishing that the PGA TOUR abused its discretion when levying the sanction(s) imposed. (f) (g) (h) The arbitration panel may increase the sanction(s) imposed if new facts are established during the appeal concerning the Anti-Doping Rule Violation(s) that the PGA TOUR establishes would have caused it to impose a different and/or more significant sanction if it had been aware of those facts at the time the original sanction was imposed The arbitration panel shall render its written decision within fifteen (15) days of the close of the evidence. That decision shall be final. Each party shall bear its own costs and attorneys fees. The arbitration panel shall direct the non-prevailing party to pay the costs and fees of the arbitrators and the administrative costs of the AAA. J. SANCTIONS FOR ANTI-DOPING RULE VIOLATIONS Sanctions on players for Anti-Doping Rule Violations may include: (1) Disqualification, including loss of results, points, and prize money from the date the Anti- Doping Rule Violation was found to occur forward. (2) Ineligibility to participate in PGA TOUR competitions or other activities. (a) The applicable period of Ineligibility for a first Anti-Doping Rule Violation shall be up to Anti-Doping Program Manual 17

20 PGA TOUR ANTI-DOPING PROGRAM one year Ineligibility except in cases involving violations of Sections D(6), D(7), D(8), or Aggravating Circumstances. (b) (c) (d) (e) The applicable period of Ineligibility for a second Anti-Doping Rule Violation shall be up to five (5) years Ineligibility except in cases involving violations of Sections D(6), D(7), D(8), or Aggravating Circumstances. The applicable period of Ineligibility for a third Anti-Doping Rule Violation shall be up to and including a permanent ban. The applicable period of Ineligibility for cases involving violations of Sections D(6), D(7), D(8), and/or Aggravating Circumstances shall be up to and including a permanent ban. Participation in activities that violate a sanction of Ineligibility may result in the imposition of a new period of Ineligibility up to twice the length of the original period of Ineligibility. (3) A player committing an Anti-Doping Rule Violation under the Program may also be subject to the imposition of a fine in an amount up to $500,000. (4) In applying these sanctions to an Anti-Doping Rule Violation in a particular case, the Program Administrator and the Commissioner may look for guidance to International Anti-Doping Standards. (5) The PGA TOUR reserves the right to not impose any sanction if that sanction would benefit a player s standing in any manner (e.g., rankings, points). In rendering his decision in a particular case, the Commissioner may depart from the sanction guidance in the International Anti-Doping Standards as he deems appropriate. K. PROVISIONAL SUSPENSION The Commissioner may impose a Provisional Suspension on a player at any time after the PGA TOUR has received an A sample Adverse Analytical Finding that may result in a finding of an Anti- Doping Rule Violation or after the Commissioner in consultation with the Program Administrator has decided that an Anti-Doping Rule Violation has been committed and so notified the player as provided in Section H(5) above. A player may also voluntarily accept a Provisional Suspension. All periods of Provisional Suspension, whether voluntarily accepted or imposed by the Commissioner, shall count against any period of Ineligibility ultimately imposed. If a player is not Provisionally Suspended after Notice provided in Section H(5), the player may choose to continue participating in any tournaments pending the resolution of the case However, if any period of Ineligibility is later upheld through the Appeals process, then the prize money won by the player at any time after the PGA TOUR has received an A sample Adverse Analytical Finding that may result in a finding of an Anti-Doping Rule Violation or after the Commissioner in consultation with the Program Administrator has decided that an Anti-Doping Rule Violation has been committed and so notified the player as provided in Section H(5) above, must be returned to PGA TOUR by direct payment to TOUR within ten (10) days of the conclusion of the Appeals process. If the player fails to return all or any portion of this prize money within ten (10) days of the conclusion of the 18 Anti-Doping Program Manual