Players’ Rights To Medical Care and Treatment
Section 13Sleep Studies
For purposes of this Section “Sleep Studies” shall mean any effort to test, monitor, observe, analyze or collect information on or in connection with the sleep activity of an NFL player or players, without limitation, through the use of wearable sleep trackers and any future iterations thereof. This Section does not and is not intended to affect a Club physician’s ability to order sleep testing of an individual player when clinically indicated (e.g., to determine if such player is suffering from a medical condition, such as sleep apnea). The Parties hereby agree that NFL Clubs may perform Sleep Studies, subject to the following limitations:
Any NFL Club desiring to perform a Sleep Study must hire a qualified third-party company to conduct the Sleep Study,
Sleep Studies will only be conducted during Organized Training Activities or preseason training camps. Sleep Studies may not be performed at any other time during the year unless approved, in writing, by the NFL Players Association. The NFL Players Association’s consent shall not be unreasonably withheld, and once given, will be effective for an entire NFL Season, unless the NFLPA rescinds such consent in writing during the season.
Player participation in any Sleep Study is strictly voluntary. Clubs may not require player participation in a Sleep Study. Prior to conducting any Sleep Study, the Club shall inform each player in writing that such participation is voluntary.
Each participating player shall own his individual data collected during participation in the Sleep Study. Throughout or at the conclusion of a Sleep Study, each participating player shall be given (i) a complete copy of his results from the Study and (ii) the prescriptive performance plan used to improve player’s sleep, if applicable. Ownership of any and all data collected during the course of a Sleep Study shall remain with the individual player(s) participating in the Sleep Study. Participation in a Sleep Study shall not require or cause a player to transfer ownership of his data to the Club or any other thirdparty. No exchange or transfer of player data collected during the course of a Sleep Study will result in a transfer or change of ownership.
The data and information collected from a player participating in a Sleep Study may not be shared with or transferred to the Club unless or until such player provides informed written approval of such transfer. If player gives such consent, the resulting data will only be shared with the Club medical, sports performance and athletic training staffs. Notwithstanding the foregoing, a Club may require a player to provide written consent for the transfer of his individual Sleep Study data as a prerequisite to the Club paying for the player’s participation in the Sleep Study. Such consent, once given, may not be rescinded. In the event a player opts not to participate in a Sleep Study, the Club may give the player the option to contract directly with the third-party company for the same services.
Information arising from a Sleep Study and transferred to the Club shall not be used by the Club or any third-party for any purpose other than supporting player health and/or performance through improving sleep habits. If a player consents to transfer data to his Club, the receiving Club shall not transfer player data to the NFL, any other NFL Club, or other third-party. Any and all data/information collected during a Sleep Study must remain separate from and not be entered into or used in connection with a player’s electronic medical record. Clubs must have policies in place that ensure the confidentiality, privacy, and security of any and all data/information collected during Sleep Studies. Clubs must ensure that all those involved, directly or indirectly, in a Sleep Study take all appropriate steps to protect personally identifiable information of the player participants from disclosure and ensure compliance with all applicable laws. No data/information collected during a Sleep Study may be sold or transferred to third parties.
NFL Clubs intending to conduct a Sleep Study must notify the NFL Management Council of their intention to do so, indicating the intended date(s) of the testing and identifying the third-party company retained to conduct such testing and forwarding a copy of the player consent form to be used in connection with the testing. The NFL Management Council will forward that information to the NFL Players Association to ensure compliance with this Section.