The Doggy Bag: Helluva Drug Edition

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If the Nevada Athletic Commission is not concerned with testing for recreational drugs out of competition or pre-fight, why was Jones' test information released? What are the legal issues surrounding Jones' medical privacy, if any? I can't think of a similar situation with drugs, but the state of California refused to confirm or deny Aleksander Emelianenko's infamous Hepatitis B test. Is it because Jones had a license and had a fight scheduled, like when Sonnen failed for EPO and HGH, or is the commission just making it up as they go here? Would Jones have any cause to sue? -- Jon from Prince Edward Island

Greg Savage, executive editor: The NAC has stated that everything they do in regards to testing is public record and despite the fact that they allegedly did not intend to test Jones for drugs of abuse, they were forced to release it because of a public records request. I know there is some confusion as to HIPAA laws when it comes to releasing athletes drug test results, but most state commissions do claim the right to release them because they are typically not considered “medical” in nature.

You mention Aleksander Emelianenko’s infamous hepatitis B test and I think it is clear to see the reason why that was not distributed to the media. I would imagine the same thing would happen if a fighter tested positive for HIV in a pre-fight screening. Hell, we just saw Tim Sylvia be denied to fight because of an “anomaly” in one of his prefight medical tests and the official reason given was as vague as could possibly be.

As for legal options, I am not sure it would be a good idea for Jones to pursue that avenue even if it is open to him. Can you imagine going before a judge and telling him, “Yeah, I did the white medicine but they actually shouldn't have been testing me for it, your Honor”?

Jones is the best fighter in the world -- the greatest fighter our sport has ever seen in my opinion -- and once he gets back in the cage and continues his rampage through the light heavyweight division, people will forget his past transgressions, provided he doesn’t have any more of this magnitude. I’m not really sure he has a career-ruining problem with recreational drugs, as evidenced by his ongoing and unbelievable accomplishments, but it still may be time to turn away the temptations of youth and refocus on what has made him so great.

As for the NAC, it is time for them to get on the same page, at the very least. Conflicting statements, tests that weren’t supposed to be administered and haphazard adjudication have left the sport’s biggest and most prominent regulatory agency looking like they are lost. Let’s hope another controversy like this, which puts the focus squarely on the commission and its protocols, spurs some positive changes.

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