A. Definitions
As used herein, the defined terms below will have the meaning stated in this Section A.
1. A-Sample: The biological material collected from a Player, pursuant to this Protocol, which has been poured into a container marked with the letter "A," followed by an identification number.
2. Administrator: The person(s) designated as such by the LPGA to oversee the Program.
3. Arbitration Panel: A panel of three arbitrators who conduct the initial hearing, decide whether a doping offense has been committed, and may issue an appropriate penalty.
4. B-Sample: The biological material collected from a Player, pursuant to this Protocol, which has been poured into a container marked with the letter "B," followed by the same identification number as listed on the A-Sample.
5. Court of Arbitration for Sport (or "CAS"): An international tribunal, headquartered in Lausanne, Switzerland, consisting of more than 200 arbitrators from more than 70 countries who are appointed based on their specialized knowledge of sports law and/or international arbitration and adjudicate sports-related disputes, including those arising out of international and Olympic sports competition and events. CAS is responsible for providing appellate review of decisions made by the Arbitration Panel.
6. Doping Control: The specific elements of the Program including: Testing, Medical Waivers, results management and adjudication proceedings.
7. Doping Control Officer (or "DCO"): An official who has been authorized by the LPGA and the Testing Agency with delegated responsibility for the management of Sample collection.
8. Drug-Testing Official: Any person authorized by the LPGA or the Testing Agency to implement, enforce, or administer the Program under this Protocol, including, but not limited to: Sample collectors, escorts, laboratory analysts, DCOs, arbitrators, investigators, the Administrator(s), Medical Waiver Appeal Specialist(s), and members of the Medical Advisory Committee, Medical Waiver Review Panel, and other committees involved in Doping Control.
9. Halls of Fame: The LPGA Tour Hall of Fame and LPGA Teaching & Club Professionals Hall of Fame, as well as the World Golf Hall of Fame.
10. In-Competition: The time period beginning when a Player begins Tournament play, up to and including the period of time immediately after she leaves the golf course after completing her competitive rounds. A Player is In-competition for Doping Control purposes, even if she leaves the golf course prior to completion of her round.
11. in writing: The term "in writing" includes either a document printed or handwritten on paper (or similar medium), or an electronic-mail message.
12. LPGA: The Ladies Professional Golf Association, an Ohio nonprofit membership organization, or the staff of the Ladies Professional Golf Association; primarily, but not exclusively, the Administrator.
13. LPGA Drug Testing Philosophies: The guiding principles and philosophies underlying the creation and administration of the Program.
14. LPGA Standards for Testing: A set of standards adapted from the applicable provisions of the WADA's International Standard for Laboratories to insure effective Testing and to maintain the integrity of Testing and of Samples collected, from the time a Player is notified of her selection for Testing through transportation and analysis of the Sample at the laboratory. (The LPGA Standards for Testing is attached to this Protocol as "Exhibit A").
15. Marker: A compound, group of compounds, or biological parameters that indicate the application, ingestion, injection or consumption by any means of any Prohibited Substance or Use of any Prohibited Method.
16. Medical Advisory Committee: A group of medical doctors and/or lawyers who assist and advise the LPGA on medical and anti-doping issues, and who review and make determinations about requests for Medical Waivers filed pursuant to this Protocol.
17. Medical Waiver: A formal decision issued by the Medical Waiver Review Panel or Medical Waiver Appeal Specialist that grants permission to a Player with a documented medical condition to Use an otherwise Prohibited Substance or Prohibited Method.
18. Medical Waiver Appeal Specialist: A doctor (who is not a member of the Medical Advisory Committee) appointed by the Testing Agency to decide appeals challenging the grant or denial of a Medical Waiver.
19. Medical Waiver Review Panel: A panel comprised of three members of the Medical Advisory Committee, who decide whether to grant or deny a Medical Waiver.
20. Metabolite: Any substance produced by a biotransformation process in the human body.
21. Monitored List: A list of substances and methods capable of detection in a Sample that is not currently included in the Prohibited List, but which laboratories may be asked to identify while analyzing Samples in order to provide the LPGA with information of their Use and/or abuse by Players.
22. Player: Any person who is seeking to enter or who has entered any Tournament.
23. Program: The LPGA Drug Testing Program.
24. Protocol: This written explanation of the Program, including any and all attachments and exhibits.
25. Prohibited List: The list published by the LPGA that identifies the Prohibited Substances and Prohibited Methods applicable to Players.
26. Prohibited Method: Any method described on the Prohibited List as a Prohibited Method.
27. Prohibited Substance: Any substance within the categories of substances described on the Prohibited List as Prohibited Substances.
28. Provisional Suspension: A suspension of a Player from Tournament competition, based upon an A-Sample and B-Sample positive Test result, that takes effect prior to a formal decision regarding whether a doping offense has occurred.
29. Sample: Biological material (including urine) collected for the purposes of Doping Control.
30. Support Personnel: Any coach, trainer, manager, agent, representative, caddie, family member, friend, medical or para-medical personnel, advisor, etc. working with or treating a Player.
31. Target Test: The non-random, In-competition selection and Testing of a Player or Players during a Tournament.
32. Test or Testing: The parts of the Doping Control process involving: Test distribution planning, selection and notification of Players for Testing, Sample collection, Sample handling, Sample transport to the laboratory, and laboratory analysis of Samples.
33. Testing Agency: The outside vendor(s) who is/are responsible for managing the Testing process and assisting the LPGA with implementing all aspects of the Program, including any investigation related to the Testing process.
34. Tournament: Any LPGA Tour co-sponsored, or approved golf competition.
35. Use: The application, ingestion or consumption by any means of any Prohibited Substance or Prohibited Method.
36. WADA: The World Anti-Doping Agency, an international, independent organization created in 1999 to promote, coordinate, and monitor the fight against doping in sport in all its forms.
B. Scope and Purpose
1. Purpose: The purpose of the Program is to preserve competitive equity of Tournament play, and to deter and discourage Use of Prohibited Substances and Prohibited Methods that are an actual detriment to the health of Players, or that pose a significant potential detriment to the health of Players.
2. Scope: The Doping Control rules in this Protocol govern any Player, regardless of age or membership status, who competes in or intends to compete in any Tournament.
3. Clean Players: The Program is designed to protect the collective interests of Players who compete "clean" in Tournaments.
4. Interpretation: This Protocol, the Prohibited List, and the LPGA Standards for Testing are intended to be authoritative unless and until formally amended. No LPGA employee or representative has the authority to provide information that is inconsistent with this Protocol, the Prohibited List, or the LPGA Standards for Testing. Players may not rely on any information provided by an LPGA employee or representative other than the Administrator. Reliance on any information provided by an LPGA employee or representative other than the Administrator shall not excuse an offense or mitigate a penalty.
C. Roles and Responsibilities
1. Player Responsibilities: Each Player shall be responsible for:
a. Knowledge of Prohibited List: Knowing what types of conduct may constitute a doping offense and what substances and methods are on the Prohibited List;
b. Compliance with Protocol: Making herself available for Sample collection and complying with the instructions of Drug Testing Officials;
c. Caution: Understanding that she is ultimately responsible for Use —whether intentional or inadvertent -- of all Prohibited Substances and Prohibited Methods;
d. Education of Support Personnel: Informing Support Personnel of her obligation not to use Prohibited Substances and Prohibited Methods and
ensuring that medical personnel do not administer treatment that violates this Protocol; and
e. Upholding Integrity: Complying with this Protocol honestly and in good faith.
2. LPGA Responsibilities: The LPGA shall be responsible for:
a. Operation and Administration: Adopting, implementing, and administering all aspects of the Program;
b. Revisions to Program: Writing, revising and publishing this Protocol, the Prohibited List and the LPGA Standards for Testing;
c. Education of Players: Informing and updating Players about any changes or revisions to the Protocol, the Prohibited List and the LPGA Standards for Testing; provided, however, that for the purposes of this subsection, the term Player does not include any person who is not a member of the LPGA;
d. Player Commitment to Comply: Requiring, as a condition of competing in or participating in any Tournament, that each Player recognize and abide by the terms of this Protocol;
e. Imposition of Penalties: Taking appropriate action to discourage and penalize non-compliance with this Protocol; and
f. Integrity of the Program: Conducting the Program in a manner that upholds, and is consistent with, the LPGA Drug Testing Philosophies.
D. Doping Offenses
Each of the following acts, omissions, or events shall constitute a doping offense and may result in the imposition of a penalty.
1. Presence of a Prohibited Substance: The presence of a Prohibited Substance or its Metabolites or Markers in a Player's Sample collected and analyzed in conformity with this Protocol and the LPGA Standards for Testing.
a. Strict Liability: A Player shall be personally responsible for any Prohibited Substance or its Metabolites or Markers found to be present in her Sample, regardless of how the substance entered her body.
b. Prohibited Substance Thresholds: The presence of any quantity of a Prohibited Substance or its Metabolites or Markers in a Player's Sample shall constitute a doping offense, unless the Prohibited List establishes either a quantitative reporting threshold or an additional procedure for
determining the presence of substances that are capable of being produced endogenously.
2. Use of a Prohibited Method: Evidence of a Player's Use or a Player's admitted Use of a Prohibited Method as defined on the Prohibited List.
3. Refusal to Test: Refusing or failing to submit to Sample collection (or refusing to follow the instructions of Drug Testing Officials) after having been notified of selection for Testing under this Protocol, or intentionally evading such notification.
4. Providing False Information: Intentionally providing false information in connection with a request for a Medical Waiver.
5. Admissions of Use: A Player's admission to having Used a Prohibited Substance during a Tournament in which the Program was in effect shall also be a basis for finding a doping offense, regardless of whether the Player's Sample was Tested or the results of such Testing.
E. Proof of Doping Offenses
1. Strict Liability: Providing a "positive" Sample is, in itself, evidence of a doping offense, without any need for the LPGA to prove intentional, reckless, negligent, or knowing Use by the Player.
2. Burdens of Proof: The LPGA shall have the burden of establishing by clear and convincing evidence that a doping offense has occurred. Unless otherwise stated, to the extent that this Protocol creates any evidentiary presumptions or allows the Player to establish certain facts in order to obtain a favorable disposition, the Player bears the burden of overcoming such presumptions or establishing such facts by a preponderance of the evidence.
3. Types of Evidence: Facts related to an alleged doping offense may be established by any reliable means, including a Player's admissions. The following rules of proof shall apply in doping cases:
a. Testing and Analysis Presumed Valid: The Testing Agency is presumed to have conducted Testing in accordance with the LPGA Standards for Testing. A Player may rebut this presumption by establishing that a significant departure from this Protocol and/or the LPGA Standards for Testing occurred. If the Player rebuts the presumption, the LPGA shall have the burden of establishing that any departure from this Protocol and/or the LPGA Standards for Testing did not cause the positive Test result or the basis for charging the doping offense.
b. Departures from Laboratory Standards: Departures from the LPGA Standards for Testing which did not cause the positive Test result or other
doping offense, shall not invalidate such results or preclude finding that the offense occurred.
F. The Prohibited List
1. Publication of List: The LPGA shall publish a Prohibited List at least once per calendar year. Publication shall take place on or before the first day of December of the current year and shall apply to Testing to be conducted in the upcoming year. The LPGA shall have the sole discretion to revise the Prohibited List during any calendar year; provided, however, that any such revision(s) will not take effect for at least ninety (90) days from the date of publication of the revision(s). Any such revision(s) shall be promptly published and made available to all Players; revisions shall be deemed published when posted on the LPGA Web site and/or the LPGA Player extranet.
2. Criteria for Prohibited Substances: The LPGA shall include substances or methods on the Prohibited List only if they meet at least two of the three following criteria, or under circumstances noted below in Section F-4:
a. Performance Enhancement: There is medical or other scientifically valid evidence or pharmacological effect or experience that the substance or method, alone or in combination with other substances or methods, has significant potential to enhance or actually enhances sport performance.
b. Disruption of Competitive Equity: Use of the substance or method interferes with competitive equity at Tournaments.
c. Health Risks: There is medical or other scientifically valid evidence or pharmacological effect or experience that the Use of a substance or method represents an actual or a significant potential health risk to the Player.
3. Categories of Substances Prohibited: The Prohibited List shall identify Prohibited Substances and Prohibited Methods either by general category (e.g., "anabolic agents") or by specific reference to a particular substance or method. The Prohibited List need not specifically identify all substances in a particular category in order for a substance to be considered prohibited; all related compounds and substances that fall within a general category on the Prohibited List are prohibited.
4. Masking Agents: A substance or method may also be included on the Prohibited List if there is medical or other scientifically valid evidence or pharmacological effect or experience that the substance or method has significant potential to mask the Use of other Prohibited Substances and Prohibited Methods.
5. LPGA as Decision-Maker: The determination to include a substance or method on the Prohibited List shall be within the sole discretion of the LPGA.
6. Monitoring List: The LPGA may establish a Monitoring List of substances and methods so that it can evaluate whether those substances or methods should be included on the Prohibited List. Laboratories shall report positive results of Samples pertaining to substances and methods on the Monitoring List anonymously, identifying only the date and place of Sample collection. Use of substances or methods on the Monitoring List shall not constitute a doping offense under this Program.
G. Medical Waivers
1. Medical Waiver Application: The LPGA created and, on July 1, 2007, published the "Medical Waiver Application Form and Procedures," on the LPGA Player extranet. (See Application Form and Procedures attached to this Protocol as "Exhibit B"). These documents allow Players with documented medical conditions requiring the Use of a Prohibited Substance to request a Medical Waiver. The Medical Waiver Application and Procedures may be updated from time-to-time as deemed necessary and appropriate by the LPGA, and shall also be posted on the LPGA Web site.
2. Compliance of Player: The Player shall be responsible for properly following the "Medical Waiver Application Procedures."
3. Application Procedures: A Player may request a Medical Waiver from the LPGA by submitting a Medical Waiver Application to the Administrator at least forty-five (45) days prior to participation in the first LPGA Tournament where the Player would like the Medical Waiver to be in effect. The Administrator shall promptly forward completed applications to the Medical Waiver Review Panel. After verifying that the signature on the Medical Waiver application matches the Player's signature on file with the LPGA, the Administrator will forward the Medical Waiver Application to the appropriate Medical Waiver Review Panel for a decision. The Medical Waiver Review Panel shall promptly report to the Administrator the granting or denial of a Medical Waiver to any Player. The Administrator will promptly notify the Player of the Medical Waiver Review Panel's decision.
4. Status While Application Pending: Mere submission of a Medical Waiver Application does not protect the Player from being Tested or from being charged with a doping offense, even if the Medical Waiver is ultimately granted. Pending Medical Waiver Applications will not excuse a doping offense or mitigate a penalty.
5. No Retroactive Application: A Medical Waiver shall not be issued retroactively, and shall authorize Use of a substance or method only after the date on which the Medical Waiver is approved, and only for the duration (and under the conditions, if any) specified in the Medical Waiver.
6. Appeal of Denial of Application: The Player, or the LPGA, may appeal the Medical Waiver Review Panel's decision to a Medical Waiver Appeal Specialist. The Medical Waiver Appeal Specialist may overturn or modify a decision made by the Medical
Waiver Review Panel if the Medical Waiver Appeal Specialist concludes that the Medical Waiver Review Panel's decision was clearly erroneous. If the Medical Waiver Appeal Specialist concludes that the Medical Waiver Review Panel used improper procedures, or overlooked a clearly applicable medical information, in reaching its decision, then the Medical Waiver Appeal Specialist may review the record de novo. The decision of the Medical Waiver Appeal Specialist shall be final and unreviewable.
7. Mode of Review: Except in extraordinary circumstances, all Medical Wavier Review Panel and Medical Waiver Appeal Specialist decisions shall be made based upon either (i) documentary submissions, or (ii) telephone conference hearings, supported by documentary submissions. The Administrator shall have the sole discretion to determine whether extraordinary circumstances warrant holding an in-person Medical Waiver Review hearing.
8. Appointment of Medical Waiver Review Panel: The Medical Waiver Review Panel shall be appointed in accordance with the following guidelines, and shall have the following duties and responsibilities.
a. Administrator Responsibilities: The Administrator shall be responsible for:
i. Securing the approval of the Executive Committee, on behalf of the Players, for all members of the Medical Waiver Review Committee;
ii. Redacting or removing all information that reveals the identity of the Player prior to forwarding the Medical Waiver Application to the Medical Waiver Review Panel.
iii. Randomly selecting three members of the Medical Advisory Committee to serve on the Medical Waiver Review Panel and naming one of the three Chairperson;
iv. Randomly selecting new panelists to replace any panelists recused due to a conflict of interest, including the Chairperson;
v. Notifying any and all parties of the time and place of the hearing, if any, to review a Medical Waiver Application; and
vi. Sending a copy of Medical Waiver Review Panel decisions, along with the identity of the Player, to the Testing Agency.
b. Duties of Medical Waiver Review Panel: The Medical Waiver Review Panel members shall be responsible for:
i. Conducting a thorough review of the Medical Waiver Application and supporting documentation in order to determine whether there are any
reasons - including any conflicts of interest between the panelist and the Player's prescribing doctor(s) or medical institution(s) listed on the Medical Waiver Application or supporting documentation - that would preclude the panelist from rendering an impartial decision with respect to the Player-applicant. A conflict of interest will be deemed to exist if any of the information listed on the Medical Waiver Application or supporting documentation shows that a member of the Medical Waiver Review Panel is a current colleague of a prescribing doctor(s), or is currently affiliated with the medical institution(s) listed on the Player's Medical Waiver Application;
ii. Recusing himself/herself from appointment to the Medical Waiver Review Panel within five (5) business days after receipt of the Medical Waiver Application and supporting documentation, if a conflict of interest actually exists or could be imputed;
iii. Requesting additional information, as necessary, in order to render a decision on whether to grant or deny a Medical Waiver, or whether a conflict of interest exists; and
iv. Rendering a decision on whether to grant or deny a Medical Waiver within ten (10) days after receipt of the Medical Waiver Application and supporting documentation, unless additional information is necessary, in which case a decision shall be rendered within ten (10) days after the receipt of all relevant information.
9. Appointment of Medical Waiver Appeal Specialist: The Medical Waiver Appeal Specialist shall be appointed by the Testing Agency in accordance with the following guidelines, and shall have the following duties and responsibilities.
a. Testing Agency Responsibilities: The Testing Agency shall be responsible for:
i. Soliciting experts from its network based on their expertise for participation in the Medical Waiver application process;
ii. Collecting resumes from the solicited experts for approval by the LPGA;
iii. Appointing an approved expert, based on his or her expertise and specialty in the medical community to serve as the Medical Waiver Appeal Specialist;
iv. Appointing an approved Medical Waiver Appeal Specialist to replace any panelist recused due to a conflict of interest; and
v. Communicating the appointment of the Medical Waiver Appeal Specialist to the Administrator.
b. Administrator Responsibilities: The Administrator shall be responsible for:
i. Securing prior approval from the Executive Committee, on behalf of the Players, for all potential experts approved for appointment to serve as a Medical Waiver Appeal Specialist;
ii. Redacting or removing all information that reveals the identity of the Player prior to forwarding the Medical Waiver Application to the Medical Waiver Appeal Specialist;
iii. Notifying all parties of the time and place of the appeal hearing, if any, to review a decision of the Medical Waiver Review Panel.
iv. Sending a copy of Medical Waiver Appeal Specialist's decision, along with the identity of the Player, to the Testing Agency.
c. Duties of Medical Waiver Appeal Specialist: The Medical Waiver Appeal Specialist shall be responsible for:
i. Conducting a thorough review of the decision-making process of the Medical Wavier Review Panel and the Player's Medical Waiver Application and supporting documentation in order to determine whether there are any reasons - including any conflicts of interest between the Specialist and the LPGA, or the Specialist and the Player's prescribing doctor(s) or medical institution(s) listed on the Medical Waiver Application or supporting documentation - that would preclude the Specialist from rendering an impartial decision with respect to the appeal. A conflict of interest will be deemed to exist if any of the information listed on the Medical Waiver Application or supporting documentation shows that a member of the Medical Waiver Appeal Specialist is a current colleague of a prescribing doctor(s), or is currently affiliated with the same medical institution(s) listed on the Player's Medical Waiver Application, or has a personal or professional relationship with the Administrator or any LPGA staff persons involved in any aspect of the administration of the Program.
ii. Recusing himself/herself from appointment to the Medical Waiver Appeal Specialist if such conflict of interest actually exists or could be imputed, within five (5) business days after receipt of the Medical Waiver Application and supporting documentation;
iii. Requesting additional information, as necessary, in order to render a decision on whether to grant or deny a Medical Waiver, or whether a conflict of interest exists;
iv. Conducting the appeal according to the applicable standard of review as defined under Section G-7; and
v. Rendering a decision on whether to affirm, reverse, or modify the decision of a Medical Waiver Review Panel within ten (10) days after receipt of the Medical Waiver Application and supporting documentation, unless additional information is necessary, in which case a decision shall be rendered within ten (10) days after the receipt of all relevant information.
H. Collection and Analysis of Samples
1. No Advance Notice Testing: The Testing Agency shall conduct random, no advance notice, In-competition Testing in conformity with the LPGA Standards for Testing, at such times and with such frequency as the LPGA shall request.
2. Target Testing: The LPGA, and its Testing Agency, reserve the right to Target Test any Player.
3. Confidentiality of Testing: The Testing Agency shall maintain confidentiality with respect to the Testing process; including, but not limited to, the time, place, and location of Testing, Players' compliance with the Testing process, the name and identity of Tested Players, and Test results, except as otherwise provided under this Protocol. Any communication with the LPGA relating to the Testing process shall be directed to the Administrator. On-site Drug-Testing Officials shall not disclose information about the Testing process to any person other than the Doping Control Officer, except that Drug Testing Officials may explain procedures to a Player selected for Testing.
4. Laboratory Standards: Doping Control Samples shall be analyzed in a laboratory with sufficient experience and expertise to competently process the Samples in accordance with the LPGA Standards for Testing to detect any Prohibited Substances and Prohibited Methods identified on the Prohibited List. The laboratory analysis results shall then be reported to the Testing Agency and the Administrator, in accordance with the LPGA Standard for Testing.
5. Player Samples: Except as provided in Section F-6 above, no Sample may be used by the laboratory for any purpose other than to detect any substances or methods on the Prohibited List without the Player's written consent.
I. Results Management
1. Notice of Negative Testing: The Testing Agency shall notify the Administrator of the identity of the Players with negative Test results as promptly as possible.
2. Review for Compliance with Standards: If the Testing Agency receives a report from a laboratory that an A-Sample has Tested positive, it shall conduct a review to determine whether there is any apparent departure from the LPGA Standards for Testing that clearly invalidates the positive finding. The Testing Agency shall also determine whether an applicable Medical Waiver is in effect.
3. Notice of Positive Results: If the initial review described in Section I-2 does not reveal an applicable Medical Waiver or a procedural infirmity clearly invalidates the positive finding, the Testing Agency shall promptly notify the Administrator that the Player's A-Sample is positive.
4. Procedural Infirmity: If the initial review described in Section I-2 does reveal an applicable Medical Wavier or procedural infirmity that renders the laboratory result invalid, the Testing Agency shall promptly notify the Administrator identifying the Player involved, and the Test will be treated as negative, and the matter will be deemed closed.
5. Notice of Other Doping Allegations: If the Testing Agency concludes that a doping offense may have occurred as a result of an admission, as described in Section D-1-c, a Player's Use of a Prohibited Method, as described in Section D-2, or refusal or failure to submit to Testing as described in Section D-3, it shall promptly inform the Administrator and provide all supporting documentation and information.
6. Notice of Doping Allegation to Player: If the Administrator receives information from the Testing Agency that a doping offense may have occurred, or if there is other evidence of a doping offense (such as evidence that a Player provided false information on a Medical Waiver Application), the Administrator shall notify the Player of the following information (if applicable):
a. Rule Violated: The anti-doping rule that the Player has allegedly violated and the related circumstances (e.g., a description of a failure to comply with Testing procedures, or a report from the Testing Agency noting the positive A-Sample), or a description of any additional investigation that will be conducted;
b. B-Sample Testing: The Player's right to file, in writing, with the Administrator a request for analysis of the B-Sample, at her own expense, or a waiver of the right to analyze the B-Sample. The request for analysis of the B-Sample shall be made within ten (10) days of the Player's receipt of notification of a doping allegation from the Administrator. Failure to make a timely request for analysis of the B-Sample will be deemed a waiver of such right;
c. B-Sample Attendance: The right of the Player or the Player's representative to attend the opening and analysis of the B-Sample, at the Player's expense, if analysis is requested;
d. Date of Laboratory Analysis: The proposed dates for the B-Sample analysis; and
e. Laboratory Documentation: The Player's right to request copies of the laboratory reports and analyses for both her A-Sample and B-Sample.
7. Details of B-Sample Analysis: A Player whose A-Sample has Tested positive may request analysis of her B-Sample only by the same laboratory that analyzed her A-Sample, and may request to be present, and/or to have a representative present, at the analysis of the B-Sample. Such requests must be made, in writing, within ten (10) days of Player notification of the A-Sample positive. If a Player requests an analysis of a B-Sample, the Testing Agency will give the Player a choice of two analysis dates, as provided by the laboratory. If both dates are not suitable to the Player, the Testing Agency will attempt to coordinate one alternate date. If an agreement on the analysis date cannot be reached between the laboratory and the Player within three (3) business days, the Testing Agency will determine the B-Sample analysis date in consultation with the laboratory, irrespective of the availability of the Player or her representative. In the event that neither the Player nor her representative is available to be present for the B-Sample analysis, the laboratory will provide an independent surrogate, at no cost to the Player, to witness the opening and analysis of the B-Sample on the Player's behalf.
8. Cost of B-Sample Analysis: Costs associated with the analysis of the B-Sample will be assessed as follows:
a. Confirmation Result: If the B-Sample result confirms the A-Sample result, all costs related to such analysis will be borne by the Player.
b. Non-Confirmation Result: If the B-Sample result does not confirm the A-Sample result, all reasonable costs will be reimbursed by the LPGA. Reasonable costs include reasonable travel expenses for the Player or her representative (but not both) to witness the B-Sample opening and analysis, but do not include any professional fees associated with the Player's retention of a representative.
9. Doping Charge Initiated: The Player shall be charged with a doping offense, issued a Provisional Suspension and the matter shall be referred to the adjudication proceedings under Section J if:
a. Admitted Use: A Player admits to having Used a Prohibited Substance and/or a Prohibited Method as described on the Prohibited List.
b. No B-Sample Analysis Requested: The Testing Agency does not receive a timely request for analysis of the B-Sample, or a timely waiver of the right to demand analysis of the B-Sample;
c. B-Sample Confirmation: The B-Sample laboratory analysis confirms the presence or Use of the same Prohibited Substance or Prohibited Method as was found in the A-Sample laboratory analysis, and the Testing Agency considers that a doping offense may have occurred;
d. Failure to Test: The Testing Agency concludes that a doping offense may have occurred as a result of a Player Using a Prohibited Method, as described in Section D-2, or refusing or failing to submit to Sample collection, as described in Section D-3, or;
e. Providing False Information: The Administrator or Testing Agency concludes that a doping offense may have occurred as a result of a Player intentionally providing false information to the Administrator in connection with a request for a Medical Waiver, as described in Section D-4.
10. No Doping Offense Established: If the B-Sample result fails to confirm the A-Sample result, then both Tests shall be treated as negative and the matter will be deemed closed.
11. Player Prize Money: The prize money (if any) earned at the Tournament at which the Player's Sample was collected for Testing will be held in an interest-bearing account pending the laboratory analysis of the Player's Sample. This prize money will be released to the Player if and when:
a. Negative Test Result: Analysis of the Player's A-Sample reveals no Prohibited Substances or Prohibited Methods (provided that the Testing Agency does not report any other doping offense);
b. Unconfirmed Test Result: Analysis of the Player's B-Sample does not confirm the result from an A-Sample positive laboratory analysis (provided that the Testing Agency does not report any other doping offense); or
c. Player Found Not to Have Committed a Doping Offense: After a hearing, the Player is found not to have committed a doping offense and the time for appeal has expired; or, if an appeal is filed, the player is found on appeal not to have committed a doping offense.
Otherwise, the Player will forfeit all related prize money, ranking points, titles and awards (if any) as stated in Section K of this Protocol.
12. Provisional Suspension for Violations of Section D-1: Any Player charged with a doping offense identified in Section D-1 shall be issued a Provisional Suspension,
pending adjudication of the doping offense. The Provisional Suspension will begin on the earliest of the following days:
a. Date of Acceptance: The day on which the Player accepts an A-Sample positive result;
b. Request Date Waived or Expired: The day on which the Player's right to request analysis of the B-Sample is affirmatively waived or expires, as provided in Section I-6-b;
c. 30-Day Time Limit: No more than thirty (30) days after the date of the Player's notification by the Administrator of a positive A-Sample Test result.
If a doping offense is ultimately found to have occurred and a penalty is issued, the Player shall be credited for the period of time she served a Provisional Suspension while awaiting resolution of her case.
13. Provisional Suspension for Other Doping Offenses: Any Player charged with a doping offense under Sections D-2, D-3, D-4 or D-5 shall be issued a Provisional Suspension pending adjudication of the doping offense. The Provisional Suspension will begin on the day on which the Administrator notifies the Player of the alleged doping offense, in accordance with Section I-11, and as referenced in the notice letter to the Player under Section I-6.
J. Adjudication
1. Initial Hearing: The LPGA shall provide an adjudication process for any Player who is alleged to have committed a doping offense and who does not waive the right, or is deemed not to have waived the right, to a hearing. The adjudication process shall address whether a doping offense was committed, and, if so, what the appropriate penalty should be. The adjudication process shall respect the following principles:
a. Notice of Allegations: The Player shall be fairly and promptly informed of the alleged doping offense;
b. Legal Representation: The Player has the right to be represented by counsel, at her own expense;
c. Evidence and Witnesses: The Player has the right to respond to the charges against her and to present evidence, including the right to call witnesses in her defense and question witnesses against her. The Arbitration Panel shall have the discretion to assess the admissibility of evidence and to decide whether it will accept testimony in person, by telephone or other electronic device, or by written submission (under oath or otherwise);
d. Timeframe: A hearing shall be provided in a timely manner and shall be concluded no later than ninety (90) days after a Provisional Suspension is issued;
e. Impartial Arbitrators: The Arbitration Panel shall be fair, impartial and free of any conflicts of interest with respect to the parties involved;
f. English Language: The proceedings will be conducted in, and the Arbitration Panel's decision shall be issued in English. The Player has the right to an interpreter at the hearing, at her own cost and expense; and
g. Written Decision: The Arbitration Panel shall provide a timely, written, reasoned decision.
2. Time Limit Extension: The Arbitration Panel may, upon good cause shown by either party, extend the 90-day time limit for conducting the hearing provided for in Section J-1-d above; provided, however that absent extraordinary circumstances said extension shall not exceed sixty (60) days.
3. Adoption of Adjudication Procedures: The LPGA shall adopt hearing procedures for initial hearings no later than January 15, 2008, and such procedures shall be attached to this Protocol as "Exhibit C" and shall be posted on the LPGA Player extranet on or before said date. Thereafter, the LPGA shall have the sole discretion to revise the procedures, provided that any such revision(s) will not take effect for at least ninety (90) days from the date of publication of the revision(s). Any such revision(s) shall be promptly published and made available to all Players; revisions shall be deemed published when posted on the LPGA Web site and/or the LPGA Player extranet.
4. Consolidation of Hearings: Pursuant to Section K-5, hearings for multiple contemporaneous offenses may be consolidated into one hearing, at the discretion of the hearing panel or upon agreement of the LPGA and the Player charged with a doping offense. The Panel's decision shall be binding on both parties.
5. Appeals: Either the LPGA, or the Player subject to a decision, may appeal to the CAS any decision of the Arbitration Panel finding that a doping offense has or has not occurred, or any decision imposing a penalty.
6. CAS Standard of Review: The CAS may overturn or modify a decision made by the Arbitration Panel if the CAS concludes that the Arbitration Panel's decision was clearly erroneous. If the CAS concludes that the Arbitration Panel used improper procedures in reaching its decision, then the CAS may review the record de novo.
7. CAS Procedures: Any appeal must respect the principles stated in Section J-1, except that the CAS may not allow the parties to present evidence or testimony outside of the hearing record, unless such evidence was not available at the time of the hearing. All appeals shall be handled in accordance with the "General
Provisions" and the "Special Provisions Applicable to the Appeal Arbitration Proceedings" published by the CAS.
8. Venue for Hearings and Appeals: The venue for all hearings and appeals shall be in Daytona Beach, Florida, unless the parties mutually agree that another venue would be more appropriate.
9. Handling of Decisions: The Arbitration Panel (and, if applicable, the CAS), shall provide its written decision to both the Player and the LPGA. Any written decision given to the LPGA shall be kept confidential and disclosed only to parties in future doping adjudications under this Protocol. If the Player is ultimately found not to have committed a doping offense, the written decision shall be redacted to eliminate all information reasonably believed to identify the Player (including nationality and name of the Player, date, and location of the Tournament where the Sample was collected). If a Player's identity is determined from the redacted written decision, the LPGA shall not be liable, provided it has acted in good faith.
K. Penalties
1. Mandatory Disqualification:
a. Disqualification and Forfeiture of Prize Money: Any Player who commits a doping offense shall be disqualified from the Tournament at which the offense occurred or the relevant Sample was collected (or was sought to be collected), and shall forfeit all related prize money, ranking points, titles, and awards (if any) earned at, or as a result of participation in, such Tournament. The LPGA shall use any interest earned from the forfeited prize money to fund the Program.
b. Reallocation of Prize Money: To the extent practicable, the LPGA shall reallocate prize money, ranking points, titles, and awards (if any) to other Players who competed in the Tournament from which a Player was disqualified as a result of a doping offense, according to Tournament results, as if the Player had been disqualified from the Tournament.
c. Impact on Tournament Rankings: In the event a doping sanction causes the winner of a given Tournament to be disqualified, and there exists a tie for second place, the scores of the tied Players will be evaluated, according to the following guidelines, until the Player with the lowest score can be determined and a Tournament winner can be declared.
i. The lowest individual score in the Final Round;
ii. A hole-by-hole scorecard playoff using the scores from the Final Round, calculated in reverse hole order;
iii. The lowest individual score in the penultimate round;
iv. A hole-by-hole scorecard playoff using the scores from the penultimate round, calculated in reverse hole order;
v. The lowest individual score in the round preceding the penultimate round;
vi. A hole-by-hole scorecard playoff using the scores from the round preceding the penultimate round, calculated in reverse hole order;
vii. The scoring average for the year, including the rounds completed at the Tournament in question.
The above criteria will be applied in the order in which each appears above until a single Tournament winner is determined.
2. Suspension Penalties:
a. Penalties for Doping Offenses: Any Player who is found to have committed a doping offense, or who admits in writing to having committed a doping offense and/or waives formal adjudication, shall be disciplined as follows:
i. The first doping offense during the Player's LPGA career shall result in a one-year suspension from LPGA Tournament play, and all other LPGA activities. After serving a one-year suspension, the Player shall have the same status and exemptions on the LPGA Tour as if she voluntarily decided not to play the previous year.
ii. A second doping offense during the Player's LPGA career shall result in a two-year suspension from LPGA Tournament play, and all other LPGA activities. In addition, the Player shall lose her membership in the LPGA and any previously earned Tournament exemptions. She may regain her LPGA membership and eligibility on the same terms available to other non-members (for example, by attending an LPGA Sectional Qualifying Tournament, the LPGA Final Qualifying Tournament, or obtaining a sponsor's exemption).
iii. A third doping offense during the Player's LPGA career shall result in permanent loss of LPGA membership, a lifetime ban from participation in LPGA Tournament play, and ineligibility to participate in all other LPGA activities.
b. Suspension Start Date: Suspensions shall begin to run on the date the Player admits to committing a doping offense, waives, or is deemed to have waived, her right to a hearing, fails to defend her case at a hearing, or on the
date a final decision is reached by the Arbitration Panel or, if applicable, CAS. The Player shall receive credit to her suspension penalty for any Provisional Suspension served (if applicable) under Sections I-12 and I-13.
c. Participation While Suspended: No Player, while serving a doping-related suspension under this Protocol, may participate in any capacity, other than as a spectator, in an LPGA Tournament or any other LPGA activity. This includes, but is not limited to: practice rounds, Professional-Amateur events held in conjunction with any LPGA Tournament or LPGA activity, Tournament qualifying rounds, or sectional qualifying Tournaments, and serving as caddie or coach for another Player, etc.
d. Whereabouts Information Requirement: Throughout the course of a Player's suspension period, she will be required to provide all relevant whereabouts information requested of her to the LPGA and must make herself available to the LPGA for out-of-competition Target Testing prior to resuming play in her first Tournament.
e. Retirement to Avoid Suspension: If a Player who is subject to a doping-related suspension retires from professional golf competition and later seeks reinstatement of her membership to the LPGA, that Player shall not be eligible for reinstatement until she has served and completed the suspension remaining as of the date of retirement. Retirement shall not be used to avoid serving a doping-related suspension.
3. Reduction of Penalties for Exceptional Circumstances:
a. Guidelines for Reduction of Penalty: In exceptional circumstances, the Arbitration Panel, or CAS, may reduce an otherwise applicable doping penalty period.
i. The suspension period generally may be reduced, if at all, to no less than half the otherwise applicable duration.
ii. The suspension period may be further reduced below half, or eliminated, only if the Player can prove that either: (1) she was the victim of intentional sabotage by a person with whom she had no special relationship (e.g., not a member of the Player's Support Personnel); or (2) she was administered a Prohibited Substance without her knowledge by a medical professional under emergency circumstances, to avoid imminent and substantial danger to her health.
b. Player's Burden of Proof: The Player bears the burden of proving the existence of exceptional circumstances by clear and convincing evidence, and must provide reliable corroborating evidence in addition to her own testimony.
c. Evidence of Exceptional Circumstance: At a minimum, the Player must establish:
i. That the Player did not intend to commit a doping offense and that any impairment to the competitive equity of the Tournament was sufficiently remedied by her mandatory disqualification from that Tournament;
ii. For doping offenses arising under Section D-1 ("presence" of a Prohibited Substance in a Sample), how the Prohibited Substance entered her body; and
iii. That the Player exercised reasonable diligence in attempting to avoid committing a doping offense.
d. Invalid Evidence of Exceptional Circumstances: The following scenarios are examples of situations that do not constitute exceptional circumstances (these examples do not constitute an exhaustive list):
i. A Player ingests or administers a nutritional supplement or herbal remedy that contains a Prohibited Substance (as an ingredient or contaminant) that is not disclosed on the product's label, if any.
ii. A Player relies on a doctor's or pharmacist's advice about whether a medicine contains a Prohibited Substance.
iii. A Player claims that a member of her Support Personnel gave her a Prohibited Substance without her knowledge.
iv. A Player contends that a Prohibited Substance did not enhance her performance.
4. Halls of Fame Implications:
a. Inactivity: Any Player who is suspended due to a doping offense will be considered "inactive" for the year in which the doping offense occurred.
b. Ineligibility: Any Player who receives two doping-related suspensions in her career will be ineligible for election to the Halls of Fame; provided, however, that this provision shall not apply to suspensions mitigated based upon exceptional circumstances.
c. Forfeiture of Points Earned: A Player shall forfeit all points that would count toward her entrance into the Halls of Fame earned between the date a doping offense occurred and the end of a suspension period.
5. Multiple Contemporaneous Offenses:
a. Single Tournament or Sample: All doping offenses under this Protocol that occur at a single Tournament or in connection with a single Sample shall constitute a single doping offense for purposes of assessing a penalty against the Player. However, the existence of multiple contemporaneous offenses shall be a factor strongly weighing against a finding of exceptional circumstances.
b. No-Notice Identical Separate Positives: If more than one Sample, taken from a Player at separate Tournaments, Tests positive for the same Prohibited Substance, the separate positives shall be considered as one doping offense if all the Samples were collected before the Player was on notice from the Administrator that any of them had Tested positive.
c. Multiple Distinct Positives: If multiple Samples, taken from a Player at separate Tournaments, Test positive for different Prohibited Substances, the separate positives shall be considered separate doping offenses, regardless of whether the Player was on notice of the prior positives. The adjudication of such offenses may be consolidated into one hearing at the discretion of the Arbitration Panel, or upon agreement of the LPGA and the Player charged with a doping offense.
L. Exclusive Remedy
Players who are alleged to have committed a doping offense, or who seek to appeal the denial of a Medical Waiver, must raise all of their claims and defenses through the procedures specified in this Protocol and are precluded from any other form of dispute resolution. Players also agree that challenges to the Testing process will not be initiated until after the LPGA concludes that a doping offense has occurred and provides notice to the Player under Section I-6. The final decisions of arbitrators under Section J or Medical Waiver panels or appeal specialists under Section G shall be considered binding on all parties and shall preclude any additional legal action. Any Player who initiates a legal action in violation of this Section shall pay all of the LPGA's reasonable costs incurred in defending against such action.
M. Confidentiality
1. Disclosure of Pending Cases: Neither the Administrator nor the Testing Agency shall publicly disclose the identities of Players whose cases are pending in the results-management process.
2. Confirmation of Public Knowledge: At any point prior to the final adjudicated decision relating to an alleged doping offense, the LPGA may confirm information
regarding a Player's identity, if such information is publicly released by that Player or that Player's representative(s).
3. Disclosure after Adjudication or Admission of an Offense: The LPGA shall publicly disclose the identity of a Player and circumstances of her doping offense after a full adjudication procedure is conducted and the Player is found to have committed a doping offense, or after a Player admits to committing, or is deemed to have committed, a doping offense.
N. Mutual Recognition of Penalties
The LPGA shall recognize and enforce penalties imposed by other women's golf tours to the extent that such penalties are materially consistent with this Protocol; and provided further, that the other women's golf tours likewise recognize and enforce the penalties imposed by the LPGA under this Protocol on its tour. Players may appeal the LPGA's decision to enforce another tour's penalty to the Arbitration Panel. Appeals must be filed within ten (10) days of notice to the Player of the LPGA's decision, and shall be conducted in accordance with the procedures in Section J. The Arbitration Panel's decision -- which may affirm, invalidate, or modify the LPGA's penalty -- shall be final and binding and not subject to further appeal. Any suspension imposed by the LPGA on a Player shall remain in effect pending the appeal, unless the Arbitration Panel orders otherwise.
O. Interpretation of this Protocol
1. Independence and Autonomy: This Protocol shall be interpreted as an independent and autonomous text and not by reference to the law or statutes of any one country.
2. Use of Headings: The headings used for the various sections and subsections in this Protocol are for convenience only and shall not be deemed part of the substance of the Protocol or to affect in any way the language of the provisions to which they refer.
3. Retroactive Application: This Protocol shall not apply retroactively to matters pending before the date this Protocol is approved and incorporated into the Player Regulations.
4. English Version Controlling: If this Protocol is translated into any other language and a discrepancy in interpretation arises, the English language version and interpretation shall be controlling.
P. Statute of Limitations
Actions against a Player for doping offenses under this Protocol shall be commenced within one (1) year from the date the offense occurred. An action shall be deemed
commenced when the Administrator provides the Player with written notification of an alleged doping offense pursuant to Section I-6.
Effective Dates: Approved on October 4, 2007. Incorporated into the 2007 Tournament and Player Regulations of the Ladies Professional Golf Association on November 12, 2007.
EXHIBIT "A"
LPGA STANDARDS FOR TESTING
The LPGA is in the process of adapting the WADA International Standards for Laboratories to conform to the LPGA's Drug Testing Program and to remove inapplicable references to the Olympic Movement. As soon as the adaptation is completed, the LPGA Standards for Testing will be attached here.
EXHIBIT "B"
LPGA
2008 Medical Waiver Application
Please complete ALL sections. Type or print in block letters in blue or black ink. Incomplete applications will be returned and will need to be resubmitted. This application must be completed in ENGLISH.
1. Player Information (Indicate the address to which all correspondence relating to Medical Waivers should be sent.)
Last Name:
First Name:
Playing Name (If different from above):
Date of Birth (month/day/year):
Mailing Address:
City: State:
Zip Code: Country:
Please type or print ALL telephone and fax numbers where you can be reached, including country code and area code:
C
E
Fax Number: Attention:
Medical Waiver reply to be sent to: (Please select one option by ticking the appropriate box)
Fax:
E-mail:
t Nme:
F
Qualifications: (e.g. M.D., D.O., etc.) Medical Specialty:
U.S. States in which licensed:
(If not U.S. State licensed, please provide qualifications to
Mailing Address:
City: State:
Zip Code: Country:
Please type or print ALL telephone and fax numbers including country code and area code:
Co
M
E-mail:
Fax Number:
Other:
3. Medical Information: Diagnosis with sufficient medical information
Evidence confir
w
re te evidence is not written in English, a summary in English must be enclosed. T
evidence should include a comprehensive, relevant medical history and the results of all relevant examinations, laboratory investigations and imaging studies. Copies of the original reports or lettersshould be included when possible. Evidence should be as objective as possible in the clinical circumstances, and in the case of non-demonstrable conditions, independent supporting medical opinishould accompany this application.
th
should not, be used in the treatment of this condition should also be included.
4
Prohibited Substance(s)
Ingredient
In
One-Time Only
Emergency
Duration (weeks/m
In the case of an emergency treatment, please indicate all relevant information to explain the
e
5. Medical Practitioner's Declaration
I
a
Methods List would be unsatisfactory for this condition. Name of Doctor:
Signature of Doctor:
Date:
Please include the following information if it differs from what was provided in Section 2
"Prescribing Medical Doctor Information"
Medical Specialty:
U.S. State Licensure:
(If not U.S. State licensed, please provide qualifications to prescribe)
E
dence confirming that thettached and forwarded w
b
below regarding the pharmacy(ies) where the prescription for the Prohibited Substance has been filled or refilled over the past 6 months. Attach the fill or refill detail (e.g. printout) from each pharmacy.
Pharmacy Name Address (City, State, Zip, Phone Date(s) Quantity Name of
7. Previous Medical Waiver Applications
ave you submitted any Medical Waiver Applications over the past two years to any sports
H
anization or drug testing agency? (Please ch
Yes No
(I
For which substance(s)? (Generic Name/Active Ingredient)
To whom was it submitted?
When was it submitted?
W
8
P
Methods List. I authorize the release of my personal medical information to the LPGA, including its Medical Waiver Review and Appeal Panels. I understand that I may revoke the right of the LPGA, including its Medical Waiver Review and Appeal Panels to obtain and review my personal medical information at any time, and that such revocation must be sent to my doctor and the LPGA in writing. Upon receipt of such revocation, the LPGA shall have a reasonable amount of time in which to comply. Further, I understand and agree that my refusal to allow the LPGA and/or its Medical Waiver Review and Appeal Panels to review relevant medical information about me may result in the denial of any application I have pending, or the revocation of any application that has previously been granted, for an LPGA Medical Waiver. I am aware that the LPGA, and its Medical Waiver Review and Appeal Panels, will be processing and/or evaluating my propo
w
Medical Waiver Review and Appeal Panels, are providing medical advice to me in connection with any information disclosed on this Medical Waiver Application. I understand that I must obtain medical advice from a qualified doctor before taking or stopping any medication or course of treatment for any health condition that I may have. I also understand that no decision respecting this Medical Waiver Application in any way indicates whether I should or should not follow my doctor's medical advice regarding any health condition that I may have. I, for myself, personal representatives, assigns, heirs and next of kin hereby release, waive discharge and covenant not to sue
v
Panel, the LPGA Medical Waiver Appeal Panel, and any arbitrators who adjudicate cases arising under the LPGA's Drug-Testing Program (collectively, and for the purposes of this release and waiver, the "Releasees"), from all liability to the undersigned, my personal representatives, assigns, heirs and next of kin for any and all loss or damage and any claims or demands therefore on account of injury to my person or property or resulting in death of the undersigned, whether caused by the negligence of the Releasees or otherwise, with respect to the processing, review or decision-making related to this Medical Waiver Application. I further expressly agree that the foregoing release and waiver agreement is intended to be as broad and i
Player's Signature:
D
If
or guardian shall sign together with or on behalf of the Player.
Parent/Guardian's Signature:
Date:
2008 Season Application Deadline: December 3, 20071
documentation, and a check or money order for $100.00
sealed envelope might courier (mail, Federal Exp
Airborne Express, or DHL) or certified mail to: LPGA Attn: Medical Waiver Applications 100 International Golf Drive
Phone: 386/274-6200 E
-mail: drugtesting@lpga.com
X MER OT
DICAL WAIVERS O
DOCUMENTS
CAL WAIVERS WILL NOT BE PROCESSED WITHOUT RECEIPT OF $1FILING FEE
Checks should be made payable to: Ladies Professional Golf Association or LPGA
1 If Players would like to ensure that their Medical Waivers are processed prior to the start of the 2008 season, they must submit their applications on or before December 3, 2007. Thereafter, players should submit their applications no less than 45 days prior to participation in their next scheduled tournament.
2008 LPGA Medical Waiver Application Procedures2
The LPGA Prohibited Substance Classes and Prohibited Methods List includes substances that enhance performance, harm health, and/or mask the use of other prohibited drugs.
The LPGA recognizes that some banned substances have legitimate medical uses. Accordingly, the LPGA allows exception to be made for a player with a documented medical history demonstrating the need for use of an otherwise prohibited drug, provided that the performance enhancing effects are minimal or eliminated. Medical Waivers may be granted for substances included in the following classes of banned drugs:
• Anabolic agents
• Stimulants
• Beta-Blockers
• Agents with anti-estrogenic activity
• Diuretics
1. Medical Waivers: What are they?
Players with a documented illness or medical condition, which negatively impacts their health and ability to function normally and requires the use of a medication that is included on the LPGA Prohibited Substance Classes and Prohibited Methods List, may request a Medical Waiver. If granted, the Medical Waiver will authorize a player to take the medication needed in the manner provided in the Medical Waiver.
2. When to apply for a Medical Waiver
A. A player may apply for a Medical Waiver at any time. However, if players would like to guarantee that their applications are processed before the start of the 2008 season, they must submit their applications on or before December 3, 2007. Thereafter, players should submit their applications no less than 45 days prior to participation in their next scheduled tournament. A player may not use a Prohibited Substance until after a Medical Waiver is granted.
B. Any player who uses a Prohibited Substance prior to the Medical Waiver being granted does so entirely at her own risk.
C. Applications for Medical Waivers will not be approved retroactively.
D. If the substance to be used is not on the Prohibited List, a player does not need to apply for a Medical Waiver.
3. Criteria for obtaining a Medical Waiver
2 Subject to amendment by the LPGA
Medical Waivers will be granted only in the following circumstances:
A. The player has a properly diagnosed medical condition and would experience a significant impairment to her health if she does not use the substance for which a Medical Waiver is requested.
B. There is no reasonable therapeutic alternative medication or treatment for the player's medical condition that is not on the LPGA Prohibited Substance Classes and Prohibited Met
