ARTICLE XXXIII: ANTI-DRUG PROGRAM

INDEX
Section 1. Definitions
Section 2. Administration
Section 3. Confidentiality
Section 4. Testing
Section 5. Reasonable Cause Testing or Hearing
Section 6. Random Testing
Section 7. Drugs of Abuse Program
Section 8. Marijuana Program
Section 9. Steroids, Performance-Enhancing Drugs and Masking Agents Program
Section 10. Noncompliance with Treatment
Section 11. Dismissal and Disqualification
Section 12. Reinstatement
Section 13. Exclusivity of the Program
Section 14. Additional Bases for Testing
Section 15. Additional Prohibited Substances

Section 1. Definitions.
As used in this Article XXXIII, the following terms shall have the following meanings:

(a) “Authorization for Testing” shall mean a notice issued by the Independent Expert pursuant to the provisions of Section 5 below, in the form annexed hereto as Exhibit I-1 to this Agreement.

(b) “Come Forward Voluntarily” shall mean that a player has directly communicated to the NBA, the Players Association, or the Medical Director his desire to enter the Program and seek treatment for a problem involving the use of a Prohibited Substance.

(c) “Counselors” or “Anti-Drug Counselors” shall mean the persons selected by the Medical Director to provide counseling and other treatment to players in the Program.

(d) “Diuretics” shall mean any of the substances listed as diuretics on Exhibit I-2 to this Agreement.

(e) “Drugs of Abuse” shall mean any of the substances listed as drugs of abuse on Exhibit I-2 to this Agreement.

(f) “Drugs of Abuse Program” shall mean (i) the testing program for Drugs of Abuse set forth in this Article XXXIII, and (ii) the education, treatment, and counseling program for Drugs of Abuse established by the Medical Director (after consultation with the NBA and the Players Association), which may contain such elements—including, but not limited to, urine, blood, breath, or other testing for Prohibited Substances other than SPEDs—as may be determined by the Medical Director in his or her professional judgment.

(g) “First-Year Player” shall mean a player under Contract to an NBA Team who, prior to the then-current Season, has not been on the roster of an NBA Team following the first game of a Regular Season.

(h) “In-Patient Facility” shall mean such treatment center or other facility as may be selected by the Medical Director and agreed upon by the NBA and the Players Association.

(i) “Independent Expert” or “Expert” shall mean the person selected by the NBA and the Players Association in accordance with Section 2(b) below.

(j) “Marijuana Program” shall mean (i) the testing program for marijuana set forth in this Article XXXIII, and (ii) the education, treatment, and counseling program for marijuana established by the Medical Director (after consultation with the NBA and the Players Association), which may contain such elements—including, but not limited to, urine, blood, breath, or other testing for Prohibited Substances other than SPEDs—as may be determined by the Medical Director in his or her professional judgment.

(k) “Medical Director” shall mean the person selected by the NBA and the Players Association in accordance with Section 2(a) below.

(l) “Prohibited Substance” shall mean any of the substances listed on Exhibit I-2 to this Agreement and any other substance added to such Exhibit under the provisions of Section 15 below.

(m) “Program” shall mean this Anti-Drug Program, and shall include the Drugs of Abuse Program, the Marijuana Program, and the SPED Program.

(n) “Prohibited Substances Committee” shall mean the committee selected by the NBA and the Players Association in accordance with Section 2(d) below.

(o) “SPED” shall mean any of the steroids, performance-enhancing drugs and masking agents listed on Exhibit I-2 to this Agreement.

(p) “SPED Program” shall mean the (i) testing program for SPEDs set forth in this Article XXXIII, and (ii) the education, treatment, and counseling program for SPEDs established by the Medical Director (after consultation with the NBA and the Players Association), which may contain such elements—including, but not limited to, urine, blood, breath or other testing for SPEDs (but not for any other Prohibited Substance)—as may be determined by the Medical Director in his or her professional judgment.

(q) “Tender” shall mean an offer of a Uniform Player Contract, signed by the Team, that is either personally delivered to the player or his representative or sent by prepaid certified, registered, or overnight mail to the last known address of the player or his representative.

(r) “Veteran Player” shall mean any player who is not a First-Year Player.

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Section 2. Administration.
(a) The NBA and the Players Association shall jointly select a Medical Director who shall be a person experienced in the field of testing and treatment for substance abuse. The Medical Director shall have the responsibility, among other duties, for selecting and supervising the Counselors and other personnel necessary for the effective implementation of the Program, for evaluating and treating players subject to the Program, and for otherwise managing and overseeing the Program, subject to the control of the NBA and the Players Association. To the extent practicable, the Medical Director shall select qualified retired NBA players to serve as Counselors.

(b) The NBA and the Players Association shall jointly select an Independent Expert who shall be a person experienced in the field of substance abuse detection and enforcement and shall have the responsibility for issuing Authorizations for Testing in accordance with Section 5 below.

(c) The Medical Director and the Independent Expert shall each serve for the duration of this Agreement, unless either the NBA or the Players Association has, by September 1 of any year covered by this Agreement, served written notice of discharge upon the other party and, as appropriate, the Medical Director and/or the Independent Expert. Such notice of discharge shall be effective as of the immediately following September 30; provided, however, that if the parties do not reach agreement by such September 30 as to who shall serve thereafter as the Medical Director and/or the Independent Expert, as the case may be, each party shall, by the immediately following October 15, appoint a person who shall have no relationship to or affiliation with that party. Such persons shall then have until the immediately following December 1 to agree on the appointment of a new Medical Director and/or Independent Expert. Until a new Medical Director and/or Independent Expert has been appointed, the previous Medical Director and/or Independent Expert shall continue to serve.

(d)

(e) Unless specifically stated otherwise in this Article XXXIII, all costs of the Program in excess of those covered by the NBA Players Group Health Plan, including the fees and expenses of the Medical Director, the Independent Expert, and the Prohibited Substances Committee shall be shared equally by the NBA and Players Association. The Players Association’s share shall be paid by the NBA and included in Player Benefits under Article IV, Section 5(j) of this Agreement. The fees and expenses incurred by the NBA in conducting testing pursuant to Sections 5 and 6 below shall be borne by the NBA.

(f) Any and all disputes arising under this Article XXXIII shall be resolved in accordance with Article XXXI, Sections 2-6 and 14 of this Agreement; provided, however, that in any challenge to a decision, recommendation, or other conduct of the Medical Director, Independent Expert, or Prohibited Substances Committee, or in any challenge to an action or process over which the Medical Director has supervision, the Grievance Arbitrator shall apply an “arbitrary and capricious” standard of review; and provided further that nothing in this Section 2(f) shall limit or otherwise affect paragraph 19 of the Uniform Player Contract.

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Section 3. Confidentiality.
(a) Other than as reasonably required in connection with the suspension or disqualification of a player, the NBA, the Teams, and the Players Association, and all of their members, affiliates, agents, consultants, and employees, are prohibited from publicly disclosing information about the diagnosis, treatment, prognosis, test results, compliance, or the fact of participation of a player in the Program (“Program Information”). If a player is suspended or disqualified for conduct involving a Drug of Abuse or marijuana, the NBA shall not publicly disclose the particular Prohibited Substance involved, absent the agreement of the Players Association or the prior disclosure of such information by the player (or by a person authorized by the player to disclose such information). If a player is suspended or disqualified for conduct involving a SPED, the particular SPED shall be publicly disclosed along with the announcement of the applicable penalty.

(b) The Medical Director and the Counselors, and all of their affiliates, agents, consultants, and employees, are prohibited from publicly disclosing Program Information; provided, however, that the Medical Director shall not be prohibited from disclosing such information to the NBA and the Players Association.

(c) The Independent Expert is prohibited from publicly disclosing any information supplied to him by the NBA or the Players Association pursuant to Section 5 below.

(d) Members of the Prohibited Substances Committee are prohibited from publicly disclosing any information obtained by them in connection with their duties as Committee members. If a jointly-selected member of the Committee violates this Section 3(d), he shall be immediately discharged from the Committee.

(e) Any Program Information that is publicly disclosed (i) under Section 3(a) above, (ii) by the player, (iii) with the player’s authorization, or (iv) through release by sources other than the NBA, NBA Teams, the Players Association, the Medical Director, the Counselors, the Independent Expert, or the Prohibited Substances Committee, or any of their members, affiliates, agents, consultants, and employees, will, after such disclosure, no longer be subject to the confidentiality provisions of this Section 3.

(f) Other than as reasonably required by the Reasonable Cause Testing procedure set forth in Section 5 below, neither the NBA nor the Players Association shall divulge to any other person or entity (including their respective members, affiliates, agents, consultants, employees, and the player and Team involved):

(g) Notwithstanding anything to the contrary contained in Section 3(a)-(f) above, the NBA and the Players Association shall promptly advise and make available to each other all information either of them may have in their possession, custody, or control that provides cause to believe that a player is engaged in the use, possession, or distribution of a Prohibited Substance.

(h) Nothing contained in this Section 3 shall prohibit a Team from providing to the NBA information concerning whether a player is engaged in the use, possession, or distribution of a Prohibited Substance.

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Section 4. Testing.
(a) Testing conducted pursuant to this Article XXXIII, whether by the NBA or the Medical Director, shall be conducted in compliance with scientifically accepted analytical techniques. Such testing shall also comply with the collection procedures described in Exhibit I-3 to this Agreement and such additional procedures and protocols as may be established by the NBA (after consultation with the Players Association) or the Medical Director (after consultation with the NBA and the Players Association). The NBA and the Medical Director (after consultation with the NBA and the Players Association) are authorized to retain such consultants and support services as are necessary and appropriate to administer and conduct such testing.

(b) All tests conducted pursuant to this Article XXXIII shall be analyzed by laboratories selected by the NBA and the Players Association, approved by the Medical Director, and certified by the World Anti-Doping Agency, the Substance Abuse and Mental Health Services Administration (SAMHSA), or the International Olympic Committee.

(c) Any test conducted pursuant to this Article XXXIII will be considered “positive” for a Prohibited Substance under the following circumstances:

(d) The NBA shall promptly notify the Players Association of any positive test conducted by the NBA, and shall thereafter notify the player. The Medical Director shall promptly notify the player of any positive test conducted by the Medical Director; provided, however, that if the positive test will result in a penalty to be imposed on the player, the Medical Director shall notify the NBA and the Players Association of the positive test result and the NBA shall thereafter notify the player of such result and such penalty.

(e) Any player who is notified of a positive test pursuant to Section 4(d) above may, within five (5) business days of such notification, inform the NBA and the Players Association that he requests testing of the split or “B” sample of his specimen. Any such test shall be subject to the provisions of this Section 4 and shall be performed within ten (10) business days of the player’s request. The test of the “B” sample will be performed at a laboratory other than the laboratory that performed the test on the original or “A” sample.

(f) Any positive test pursuant to Sections 4(c)(i), (ii), or (vi) above shall be reviewed by the Medical Director. If the Medical Director determines, in his professional judgment, that there is a valid alternative medical explanation for such positive test result, then the test shall be deemed negative.

(g) If the test result for any player is reported by the laboratory as “invalid” “endogenous steroids abnormally low or absent,” or a similar designation, the NBA shall promptly notify the Players Association, and shall thereafter notify the player. In the event of such a test result, the player shall be required to submit to another test on a date determined by the NBA that is not more than thirty (30) days after the date of the original test (the “Re-Test”). If the Re-Test results in (i) a positive test for a Drug of Abuse or a positive test under Section 4(c)(iii), (iv) or (v) above, the player shall be immediately be dismissed and disqualified from any association with the NBA or its Teams in accordance with the provisions of Section 11(a) below; (ii) a positive test for marijuana, the player shall suffer the applicable consequences set forth in Section 8 below; or (iii) a positive test for a SPED or Diuretic, the player shall suffer the applicable consequences set forth in Section 9 below. The original test will not be counted towards the number of tests to be administered to that player for that Season under Section 6 (Random Testing) below.

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Section 5. Reasonable Cause Testing or Hearing.
(a) In the event that either the NBA or the Players Association has information that gives it reasonable cause to believe that a player is engaged in the use, possession, or distribution of a Prohibited Substance, including information that a First-Year Player may have been engaged in such conduct during the period beginning three (3) months prior to his entry into the NBA, such party shall request a conference with the other party and the Independent Expert, which shall be held within twenty-four (24) hours or as soon thereafter as the Expert is available. Upon hearing the information presented, the Independent Expert shall immediately decide whether there is reasonable cause to believe that the player in question has been engaged in the use, possession, or distribution of a Prohibited Substance. If the Independent Expert decides that such reasonable cause exists, the Expert shall thereupon issue an Authorization for Testing with respect to such player.

(b) In evaluating the information presented to him, the Independent Expert shall use his independent judgment based upon his experience in substance abuse detection and enforcement. The parties acknowledge that the type of information to be presented to the Independent Expert is likely to consist of reports of conversations with third parties of the type generally considered by law enforcement authorities to be reliable sources, and that such sources might not otherwise come forward if their identities were to become known. Accordingly, neither the NBA nor the Players Association shall be required to divulge to each other or to the Independent Expert the names (or other identifying characteristics) of their sources of information regarding the use, possession, or distribution of a Prohibited Substance, and the absence of such identification of sources, standing alone, shall not constitute a basis for the Expert to refuse to issue an Authorization for Testing with respect to a player. In conferences with the Independent Expert, the player involved shall not be identified by name until such time as the Expert has determined to issue an Authorization for Testing with respect to such player.

(c) Immediately upon the Independent Expert’s issuance of an Authorization for Testing with respect to a particular player, the NBA shall arrange for such player to undergo testing for Drugs of Abuse (if the Authorization for Testing was based on information regarding the use, possession, or distribution of a Drug of Abuse), for marijuana (if the authorization for Testing was based on information regarding the player’s use, possession, or distribution of marijuana), or for SPEDs (if the Authorization for Testing was based on information regarding the player’s use, possession, or distribution of a SPED) no more than four (4) times during the six-week period commencing with the issuance of the Authorization for Testing. Such testing may be administered at any time, in the discretion of the NBA, without prior notice to the player.

(d) In the event that the player tests positive for a Drug of Abuse pursuant to this Section 5, or tests positive pursuant to Section 4(c)(iii), (iv) or (v) above in connection with testing conducted pursuant to this Section 5, he shall immediately be dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 11(a) below. If the player tests positive for marijuana or a SPED pursuant to this Section 5, he shall enter the Program and suffer the applicable consequences set forth in Sections 8 or 9 below, as the case may be. If the player tests positive for a Diuretic, he shall suffer the applicable consequences of a positive test for the Prohibited Substance for which the Authorization for Testing was issued.

(e) In the event that either the NBA or the Players Association determines that there is sufficient evidence to demonstrate that, within the previous year, a player has engaged in the use, possession, or distribution of a Prohibited Substance, or has received treatment for use of a Prohibited Substance other than in accordance with the terms of this Article XXXIII, it may, in lieu of requesting the testing procedure set forth in Section 5(a)-(d) above, request a hearing on the matter before the Grievance Arbitrator. If the Grievance Arbitrator concludes that, within the previous year, the Player has used, possessed, or distributed a Prohibited Substance, or has received treatment other than in accordance with the terms of this Article XXXIII, the player shall immediately be dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 11(a) below, notwithstanding the fact that the player has not undergone the testing procedure set forth in this Section 5; provided, however, that if the Grievance Arbitrator concludes that the player has used or possessed marijuana or a SPED, he shall enter the Program and suffer the applicable consequences set forth in Sections 8 or 9 below, as the case may be.

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Section 6. Random Testing.
(a) In addition to the testing procedures set forth in Section 5 above, a player shall be required to undergo testing for Prohibited Substances at any time, without prior notice to the player, no more than four (4) times each Season. The scheduling of testing and collection of urine samples will be conducted according to a random player selection procedure by a third-party organization, and neither the NBA, the Players Association, any Team or any player will have any involvement in selecting the players to be tested or will receive prior notice of the testing schedule; provided, however, that it shall not be a violation of the foregoing for the third-party organization (or a specimen collector for the same) to provide advance notice of a scheduled collection to an NBA Team Security Representative, so long as such notice does not identify the player(s) who will be tested and seeks merely to facilitate access of the collector to the testing location.

(b)

(c) In the event that a Veteran Player tests positive for a Drug of Abuse pursuant to this Section 6, he shall immediately be dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 11(a) below. If the player tests positive for marijuana or a SPED pursuant to this Section 6, he shall enter the Program and suffer the applicable consequences set forth in Sections 8 or 9 below, as the case may be. If the player tests positive for a Diuretic pursuant to this Section 6, he shall enter the SPED Program and suffer the applicable consequences set forth in Section 9 below.

(d) In the event that any player tests “positive” pursuant to Section 4(c)(iii), (iv) or (v) above in connection with testing conducted pursuant to this Section 6, that positive test result shall be considered a positive test result for a Drug of Abuse, and the player shall immediately be dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 11(a) below.

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Section 7. Drugs of Abuse Program.
(a) Voluntary Entry.

(b) Stage 1.

(c) Stage 2.

(d) Treatment and Testing Program.
A player who enters the Drugs of Abuse Program shall be required to comply with such in-patient and aftercare program as may be prescribed and supplemented from time to time by the Medical Director. Such program may include random testing for Prohibited Substances other than SPEDs, and for alcohol, and such non-testing elements as may be determined in the professional judgment of the Medical Director.

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Section 8. Marijuana Program.
(a) Voluntary Entry.

(b) Treatment.

(c) Penalties.
Any player who (i) tests positive for marijuana pursuant to Section 5 (Reasonable Cause Testing), Section 6 (Random Testing), or Section 14 (Additional Bases for Testing), (ii) is adjudged by the Grievance Arbitrator pursuant to Section 5(e) above to have used or possessed marijuana, or (iii) has been convicted of (including a plea of guilty, no contest or nolo contendere to) the use or possession of marijuana in violation of the law, shall suffer the following penalties:

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Section 9. Steroids, Performance-Enhancing Drugs and Masking Agents Program.
(a) Voluntary Entry.

(b) Treatment.

(c) Penalties.
Any player who (i) tests positive for a SPED pursuant to Section 5 (Reasonable Cause Testing), Section 6 (Random Testing), or Section 14 (Additional Bases for Testing), or (ii) is adjudged by the Grievance Arbitrator pursuant to Section 5(e) above to have used or possessed a SPED, shall suffer the following penalties:

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Section 10. Noncompliance with Treatment.
(a) Drugs of Abuse.

(b) Marijuana.

(c) SPEDs.

(d) Directed Testing.
Any player who, after entering the Program, and without a reasonable explanation satisfactory to the Medical Director, (i) fails to appear for any of his Team’s scheduled games, or (ii) misses, during any consecutive seven-day (7) period, any two (2) airplane flights on which his team is scheduled to travel, any two (2) Team practices, or a combination of any one (1) practice and any one (1) Team flight, shall immediately submit to a urine test to be conducted by the NBA. If any test conducted pursuant to this Section 10(d) is positive: (x) for a Drug of Abuse or pursuant to Section 4(c)(iii), (iv) or (v) above (for a player in the Drugs of Abuse Program), then the player shall suffer the applicable consequence set forth in Section 10(a)(ii) above; (y) for marijuana or pursuant to Section 4(c)(iii), (iv) or (v) above (for a player in the Marijuana Program), then the player shall suffer the applicable consequence set forth in Section 10(b)(ii) above; or (z) for a SPED or pursuant to Section 4(c)(iii), (iv) or (v) above (for a player in the SPED Program), then the player will suffer the applicable consequence set forth in Section 10(c)(ii) above. If any test conducted pursuant to this Section 10(d) is positive for a Diuretic, then the player shall suffer the applicable consequences of a positive test for the Prohibited Substance for which he entered the Program.

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Section 11. Dismissal and Disqualification.
(a) A player who, under the terms of this Agreement, is “dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 11(a)” shall, without exception, immediately be so dismissed and disqualified for a period of not less than two (2) years, and such player’s Player Contract shall be rendered null and void and of no further force or effect (subject to the provisions of paragraph 8 of the Uniform Player Contract). Such dismissal and disqualification shall be mandatory and may not be rescinded or reduced by the player’s Team or the NBA.

(b) In addition to any other provision of this Agreement requiring that a player be dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 11(a) above, a player will also be dismissed and disqualified under Section 11(a) above if he is convicted of (including a plea of guilty, no contest, or nolo contendere to) a crime involving the use or possession of a Prohibited Substance other than marijuana.

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Section 12. Reinstatement.
(a) After a period of at least two (2) years from the time of a player’s dismissal and disqualification under Section 11(a) above, and after a period of at least one (1) year from the date of a First-Year Player’s dismissal and disqualification under Section 6(b) above, such player may apply for reinstatement as a player in the NBA. However, such player shall have no right to reinstatement under any circumstance and the reinstatement shall be granted only with the prior approval of both the NBA and the Players Association, which shall not be unreasonably withheld. The approval of the NBA and the Players Association shall rest in their absolute and sole discretion, and their decision shall be final, binding, and unappealable. Among the factors that may be considered by the NBA and the Players Association in determining whether to grant reinstatement are (without limitation): the circumstances surrounding the player’s dismissal and disqualification; whether the player has satisfactorily completed a treatment and rehabilitation program; the player’s conduct since his dismissal, including the extent to which the player has since comported himself as a suitable role model for youth; and whether the player is judged to possess the requisite qualities of good character and morality.

(b) For a First-Year Player, the NBA and the Players Association will consider an application for reinstatement only if the player has, in the opinion of the Medical Director, successfully completed any in-patient treatment and/or aftercare prescribed by the Medical Director. For a Veteran Player, the NBA and the Players Association will consider any application for reinstatement only if the player can demonstrate, by proof of random urine testing acceptable to the Medical Director (conducted on at least a weekly basis), that he has not tested positive (i) for a Prohibited Substance within the twelve (12) months prior to the submission of his application for reinstatement and during any period while his application is being reviewed, and (ii) if the Medical Director deems it necessary in his or her professional judgment, for alcohol for the six (6) months prior to the submission of his application for reinstatement and during any period while his application is being reviewed.

(c) The granting of an application for reinstatement may be conditioned upon random testing of the player or such other terms as may be agreed upon by the NBA and the Players Association, whether or not such terms are contemplated by the terms of this Article XXXIII.

(d) In the event that the application for reinstatement of a First-Year Player dismissed and disqualified pursuant to Section 6(b) above is approved, such player, by reason of his Player Contract having been rendered null and void pursuant to Section 6(b) above, shall be deemed not to have completed his Player Contract by rendering the playing services called for thereunder. Accordingly, such player shall not be a Free Agent and shall not be entitled to negotiate or sign a Player Contract with any NBA Team, except as specifically provided in this Section 12.

(e)

(f)

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Section 13. Exclusivity of the Program.
(a) Except as expressly provided in this Article XXXIII, there shall be no other screening or testing for Prohibited Substances conducted by the NBA or any Team, and no player may undergo such screening or testing; provided, however, that, in a medical emergency, team physicians may test players solely for diagnostic purposes in order to provide satisfactory medical care. The results of any diagnostic drug testing conducted pursuant to the preceding sentence shall not be used for any other purpose by the player’s Team or the NBA. If any Team is found to have tested a player in violation of this Section 13, the NBA will impose a substantial fine not to exceed $750,000 upon such Team pursuant to the NBA’s Constitution and By-Laws.

(b) The penalties set forth in this Article XXXIII shall be the exclusive penalties to be imposed upon a player for the use, possession or distribution of a Prohibited Substance.

(c) No Uniform Player Contract entered into after the date hereof shall include any term or provision that modifies, contradicts, changes, or is inconsistent with paragraph 8 of such Contract (including any condition or limitation on salary protection, as precluded by Article II, Section 4(n)) or provides for the testing of a player for illegal substances. Any term or provision of a currently effective Uniform Player Contract that is inconsistent with paragraph 8 of such Contract shall be deemed null and void only to the extent of the inconsistency.

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Section 14. Additional Bases for Testing.
(a) Any player who seeks treatment outside the Program for a problem involving a Prohibited Substance shall, as directed by the NBA (after notice to the Players Association), submit himself to an evaluation by the Medical Director and provide (or cause to be provided) to the Medical Director such medical and treatment records as the Medical Director may request. The Medical Director may, in his or her professional judgment, also require such a player, without prior notice, to submit to testing for Prohibited Substances, provided that the frequency of such testing shall not exceed three (3) times per week and the duration of such testing shall not exceed one (1) year from the date of the player’s initial evaluation by the Medical Director.

(b) Any player who is a subject to in-patient or aftercare treatment in the Program and is formally charged with “driving while intoxicated,” “driving under the influence of alcohol,” or any other crime or offense involving suspected alcohol or illegal substance use shall, provided that the NBA has advised the Players Association, be required to submit to a urine test, to be conducted by the NBA, within seven (7) days of being so charged.

(c) If, pursuant to Section 14(a) above, a player (i) tests positive for a Drug of Abuse; (ii) tests positive pursuant to Section 4(c)(iii), (iv) or (v) above; or (iii) refuses or fails to submit to an evaluation or provide (or cause to be provided) the information requested by the Medical Director, but does not Come Forward Voluntarily within 60 days of being requested to do so by the NBA (with notice to the Players Association), or if, pursuant to Section 14(b) above, a player tests positive for a Drug of Abuse, then, in either case, the player shall advance two stages in the Drugs of Abuse Program—i.e., the player shall enter Stage 2 of the Drugs of Abuse Program (if the player had not previously entered Stage 1 of such Program), and the player shall be dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 11(a) above (if the player had previously entered Stage 1 or Stage 2 of such Program).

(d) If, pursuant to Section 14(a) or (b) above, a player tests positive for marijuana or a SPED, he shall suffer the applicable consequences set forth in Sections 8 or 9 above, as the case may be. If, pursuant to Section 14 (a) or (b) above, a player tests positive for a Diuretic, he shall suffer the applicable consequences set forth in Section 9 above.

(e) If a player is or, within the previous six (6) months, has been in possession of any device or product used or designed for substituting, diluting, or adulterating a specimen sample, that player shall be required to undergo testing for Prohibited Substances no more than four (4) times during the six-week period following his notification by the NBA of the commencement of such testing. If the player tests positive for a Drug of Abuse, he shall be dismissed and disqualified from any association with the NBA or any of its Teams in accordance with the provisions of Section 11(a) above. If the player tests positive for marijuana or a SPED, he shall suffer the applicable consequences set forth in Sections 8 or 9 above, as the case may be. If the player tests positive for a Diuretic, he shall suffer the applicable consequences set forth in Section 9, above.

(f) Nothing in this Section 14 shall limit or otherwise affect any of the provisions of Section 5 (Reasonable Cause Testing).

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Section 15. Additional Prohibited Substances.
(a) Any steroid or performance-enhancing drug that is declared illegal during the term of this Agreement will automatically be added to the list of Prohibited Substances as a SPED.

(b) At any time during the term of this Agreement, either the NBA or the Players Association may convene a meeting of the Prohibited Substances Committee to request that a substance or substances be added to the list of Prohibited Substances set forth on Exhibit I-2 to this Agreement. Any such addition of a Prohibited Substance may only include a substance that is or is reasonably likely to be physically harmful to Players and is or is reasonably likely to be improperly performance-enhancing. The determination of the Committee to add to the list of Prohibited Substances shall be made by a majority vote of all five Committee members, and shall be final, binding, and unappealable.

(c) Players will receive notice of any addition to the list of Prohibited Substances six (6) months prior to the date on which such addition becomes effective under this Article XXXIII.

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