Major League Baseball (MLB) has announced an unprecedented addition to its current drug testing program in an effort to eliminate player use of human growth hormone (HGH). Beginning with the  2013 season, MLB will conduct random, unannounced, in-season blood testing for HGH. All players will be tested at least once during the season. This marks a significant expansion of the testing program which had only allowed HGH testing during spring training in 2012.

Following the introduction of mandatory testing for steroid use in 2004, MLB toughened the penalties for players testing positive in 2005. First time offenders receive a 50-game suspension and a second positive test results in a 100-game suspension. A third positive test results in a lifetime ban from the MLB. These same penalties will be used for positive HGH test results.

“HGH can be used at any point during the year,” stated MLB Executive Vice President of Labor Relations Rob Manfred. “We think it is important from a deterrence perspective that players be subject to blood testing just like they’re subject to urine testing year-round,” Manfred continued as he explained the significance of these changes to the current MLB drug testing policy.

In addition to the HGH testing, MLB has incorporated stricter testing for testosterone in its changes to its drug testing program. MLB, in conjunction with the World Anti-Doping Agency, will create a “longitudinal profile program” which establishes a baseline Testosterone/Epitestosterone (T/E) ratio for each player. This ratio will be maintained under strict protections to ensure confidentiality. An automatic analysis will be performed on all urine specimens that vary materially and indicate a testosterone spike from a player’s baseline values.

“The players are determined to do all they can to continually improve the sports Joint Drug Agreement,” Major League Baseball Players Association Executive Director Michael Weiner stated. “Players want a program that is tough, scientifically accurate, backed by the latest proven scientific methods, and fair; I believe these changes fairly support the players’ desires while protecting their legal rights,” Weiner concluded.

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Photo of Gregg E. Clifton Gregg E. Clifton

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in…

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. He serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Mr. Clifton has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.

Prior to joining Jackson Lewis, he spent six years as Chief Operating Officer and Vice President of Team Sports for Gaylord Sports Management. He also served as President of the Athlete and Entertainment Division for famed sports attorney Bob Woolf’s firm, Woolf Associates, in Boston.

Mr. Clifton began his career as an Associate at Jackson Lewis where he focused his practice on traditional labor law. He continues to counsel clients in the areas of collective bargaining negotiations, representation cases, arbitrations and National Labor Relations Board matters.

Mr. Clifton frequently serves as an expert speaker to law schools, including Harvard University, Boston College, Hofstra University and Arizona State University, and bar associations regarding sports law issues, including agent regulation and salary arbitration. He is also often cited as an expert source in national news media for his commentary and opinion on legal issues in sports.