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Jeremy Mayfield, Drug Testing, and NASCAR

Posted by Troy Harrison at 12:16:39 PM

Well, the Jeremy Mayfield drug testing controversy has occupied news outlets, forum boards, blogs, and other NASCAR oriented sites over the last few weeks.  I've held off from posting my thoughts, because I think there is a lot that the general public does not know - and that the reporters don't know, either.  With a hearing scheduled Wednesday, much of that information is likely to become public record.  Still, I have some thoughts that I want to get on record, and well, this is my place to do it.  For those who don't know the sequence of events, here is a quick summary:

On May 7, Jeremy Mayfield took a drug test.  NASCAR found that Mayfield had tested positive for a banned substance, and placed Mayfield on indefinite suspension on May 9.

Shortly afterward, Mayfield gave interviews claiming that he had tested positive due to a reaction between Claritin-D and "a prescription drug."

Mayfield then retained Bill Diehl, a Charlotte based "superlawyer," to help reinstate him.

On May 28, Mayfield filed suit in Mecklenberg County (NC), requesting a restraining order against the suspension.  His request was denied the following day, with a hearing set for this Wednesday.

That brings us up to date, but the underlying issues are interesting, to say the least.  NASCAR has been crucified in the media and by some fans for not releasing the results of Mayfield's drug test.  The truth, for anyone who is willing to spend more than 30 seconds on Google, is that they can't.  There's this little Federal law called HIPAA which prevents the public disclosure of individually identifiable health related information, and dictates severe penalties for the disclosure (on purpose or inadvertent) of such information.  Nor do other sports leagues disclose the results of failed drug tests - for instance, MLB has never released the name of the substance that Manny Ramirez tested positive for.  Although such information has become public knowledge in the past in some instances, it's been so through the banned party or other means (for instance, Aaron Fike's heroin arrest).  Such criticism of NASCAR in this case is, at best, ill-informed.

Mayfield released what he claims are the results of his failed test.  He claims that he tested positive for amphetamine, and chalked this up to a reaction between Claritin-D and Adderall, a drug commonly prescribed for ADHD.  Adderall is, in fact, amphetamine based, so it's possible that this is a true account.  And therein lay a few problems.

First of all, it's both common and expected that people who undergo drug testing disclose any medications that they are taking.  Mayfield, according to NASCAR's doctor in charge of the testing, failed to do so at the time of his test.  Why he didn't is an open question, since such disclosure is part of the form one fills out before a drug test for anything from an airline pilot to a package loader.

Secondly, Mayfield has never disclosed that he has ADHD.  Although this isn't necessary to disclose, it is a fact that NASCAR keeps medical records on his drivers, and Mayfield has admitted that this diagnosis is not part of his NASCAR medical records.

Thirdly, the most vexing question - just because something is a prescription drug, does that mean it's OK to take it and race at 200MPH?  If you look up information on Adderall on the Web, there are many cautions.  Two of those are that Adderall can be a highly addictive drug and prone to abuse, and that those who operate heavy machinery are cautioned that Adderall may affect their ability to do so.  It's a fact that some prescription drugs are far more mind-altering than stuff you buy on the street corner, and there are many things prescribed by doctors that could impair one's driving ability.

NASCAR has been criticized for the fact that its drug policy, unlike other sports leagues, does not include a black and white "banned substance" list.  NASCAR's counter to this criticism is that the amount of certain drugs in someone's system may be as dangerous as the drug itself; some drugs which may not appear on a ban list in normal amounts might become extremely dangerous in abusive amounts. If you remember back to 1988, it was the excessive amount of cold medicine in Tim Richmond's drug sample that led to Richmond's banning from NASCAR in lieu of releasing his medical records, and the subsequent disclosure that he was dying of AIDS.  NASCAR had perfect grounds for testing Richmond, as his behavior had become erratic during 1987, and on at least one occasion, he had to be roused from a deep pass-out to qualify his car.

Speaking of erratic behavior, Mayfield hasn't exactly helped himself in this regard.  Although he has had success over the years, he's also had various instances with his teams that haven't made him Mr. Popularity in the garage area and probably led to the fact that he is driving for his own fledgling team this year.  He lost his best ride, the Penske ride, at Kansas several years back when he demanded that his crew virtually rebuild the car during the race - even changing the steering box midrace.

The fact that this is now in the hands of the court system means that a lot of things are going to be made public.  Some will be unflattering to NASCAR and some to Mayfield.  From where this writer sits, however, the right of NASCAR to determine what substances should or should not be in the systems of the drivers that compete at 200MPH must be left intact.  Mayfield is defending the right of one person - himself.  NASCAR, whether its reasoning is right or wrong, is looking out for the 42 other drivers on the track on race day. 

 

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