Players’ Rights To Medical Care and Treatment
Section 14Club-Wide Biospecimen Collection
For purposes of this Section “Club- Biospecimen Collection” shall mean any effort to collect, monitor, analyze information on or in connection with the blood, urine or other biospecimen. The provisions of this Section shall not affect a Club physician’s ability to order blood or other biospecimen collection and/or testing of an individual player when he or she determines it is clinically indicated (e.g., to determine if such player is suffering from a medical condition at the player’s request or based on the physician’s clinical judgment). NFL Clubs may not perform Club Biospecimen Collection without the prior written approval of the NFL Players Association. Approved Club Biospecimen Collection is subject to the following limitations:
Player participation in any Biospecimen Collection is strictly voluntary. Clubs may not require player participation in a Club Biospecimen Collection. Prior to conducting any Club Biospecimen Collection, 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 Club Biospecimen Collection. Throughout or at the conclusion of a Club Biospecimen Collection, each participating player shall be given (i) a complete copy of his results from the Collection and (ii) any treatment or medical recommendations, if applicable. Ownership of any and all data collected during the course of a Club Biospecimen Collection shall not require or cause a player to transfer ownership of his data to the Club or any other third-party. No exchange or transfer of player data collected during the course of a Club Biospecimen Collection will result in a transfer or change of ownership. (c) The data and information collected from a player participating in a Club Biospecimen Collection may not be shared with or transferred to the Club unless or until such player provides informed written approval of such transfer. If a 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 data as a prerequisite to the Club paying for the player’s participation in the Collection.
Information arising from a Club Biospecimen Collection 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. 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. Clubs must have policies in place that ensure the confidentiality, privacy, and security of any and all data/information collected during Club Biospecimen Collections. Clubs must ensure that all those involved, directly or indirectly, in a Club Biospecimen Collection 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 Club Biospecimen Collection may be sold or transferred to third parties.
NFL Clubs intending to conduct a Club Biospecimen Collection must notify the NFL Management Council of their intention to do so, indicating the intended date(s) of the testing and identifying any third parties involved in conducting 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 NFLPA to ensure compliance with this Section.