Pro Football Talk is reporting the NFL has agreed to let a third-party arbitrator handle all positive PED tests:
Both the NFL and the NFLPA have informed PFT that a deal on HGH testing will include arbitration for positive HGH results and other positive results for performance-enhancing drugs. The lone sticking point remains the NFL’s desire to keep the appeal rights for violations arising from something other than a positive test in the hands of the Commissioner.
The negotiations, occurring primarily in connection with HGH testing, encompass the entire PED policy because HGH is considered to be a performance-enhancing substance. Changes to the league’s substance-abuse policy, which covers recreational drugs like marijuana, are being separately negotiated. While the NFL has made a major concession by sacrificing the Commissioner’s exclusive ability to resolve suspensions arising from PED’s other than HGH, the NFL doesn’t seem to be inclined to budge on the matter of violations flowing from something other than a positive test.