Sports Commissioner on Implementation and Legalization of PEDs
Since doping is an increasing concern within the world of sports, there is a need to accept the reality of the matter and endorse a legal legislation that allows for the use of Performance Enhancing Drugs in the sporting arena.
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The procedure though will involve the World Anti-Doping Agency code which will have to review the major illegal issues towards this; there will be a creation of a new company which will be under the Anti-Doping agency and will be called PEDs Health Assurance and Regulatory Agency (PEDHARA).
This agency’s main mandate will be to authorize the PEDs to be used in sports (which will be re-listed in the Anti-Doping Agency code) and will also provide a list of the illegalized PEDs which will be bound to heavy penalty of the players if found to use them. It will also be concerned with monitoring and regulating the dosage to be given to the players each and every time.
It will also seek to register the qualified physicians and drug companies for which these athletes will be buying their drugs from to enable a sequential and a more transparent way of monitoring the drugs disbursement and usage where these drug companies will be required to give a fully fledged information report which will have a list of details of the physician the drugs were disbursed to and the quantity delivered.
Then the Agency from this information will follow up with the registered physicians who will also provide the name of the team and athlete these drugs have been given to plus a copy of the prescription paper.
These reports both from the registered and vetted drug companies and physicians will be done on a monthly basis failure to which attracts a fine of not less than $2.5Million dollars for the drug companies and $1.0Million dollars for the physician; where the license for producing and distributing the PEDs respectively will also be revoked.
Failure to comply the companies will be sued and their current operations will be halted (according to the Federal and State Laws) until the case has been settled.
On the other hand, the company will be taking tests for each athlete after every six months to ascertain whether they are healthy and not overdosing; if the athlete is found to overdose or use of the illegalized PEDs, then he/she will be liable to a penalty not less than $1.2Million dollars as well as not less than 10 years of suspension.
Similarly, no athlete will be imposed to take drugs unwillingly and therefore it will be the free choice of the athlete to take or not to take the drug and if by any chance if coerced, strict measures will be taken upon the coercing party which may lead to a jail term without parole for not less than 10 years.
For minors and other persons with special conditions there will be special physicists within the agency who will give proper guidance upon the matter; so no party should impose such PEDs to minors or athletes under the age of 18 years without the consent of the agency physicists approval and failure to do so will attract an even greater penalty to the accused. For instance, not less than 25 years of jail term without parole inclusive of other damages as it will be prescribed in the high-court.
These procedures and conformities should be held with caution and adhered to as the Federal government will not be responsible for any breach of these laid down terms and everything else will be settled in the High Court. The laws are strict but there is a need to create a fair competitive field in the game of sports and to regain the real and true value of the Spirit of Sports.
Ethical Considerations and Philosophies underlying the Legalization of PEDs
Sport ethics is a part of the philosophies and ethics that underlie the Sporting arena (HLSPTN, 2008, p. 34). Cheating in sports is one of the major practices that this agency (PHEDHARA) seeks to curb in the Sporting arena. This is in regard to the use of PEDs.
Philosophy of sport on the other hand is concerned with the conceptual analysis and interrogations of issues and ideas that are eminent in sports with the related practices such as coaching, sports journalism and sports medicine.
The agency will rail upon the three predominant theories in sports ethics where two are modern and one ancient (HLSPTN, 2008, P. 44).
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Deontology or Consequential concept which is the classical theory, lays emphasis on the right action (Shoulder, 2011, p. 1) which is commensurate with the legalizing of the PEDs due to the increased intake of the same illegally, has provided for a room to make it legal for it is hard to eliminate the usage rather it is possible to regulate the usage thus the adoption of the deontological concept because in this case to legalize the PEDs is the Right Thing to do and best decision in the sporting arena today.
The theory therefore holds the dogma ‘Right Actions in Sport’ seeking to eliminate cheating, deceiving, harm or/and lies which is disrespectful in any sport.
Teleological theory on the other hand comprises of concepts that seek to tilt to the acts and practices of doing ‘Good’: the theory justifies actions according to their yielding the most favorable and least favorable consequences (HLSPTN, 2008, p. 43). This is where the strand of thinking Utilitarianism comes in.
Therefore when these two concepts are merged together (Teleology and Utilitarianism) they seek to capitalize on doing well from bad as well as add up the potential of maximizing the good outcomes (HLSPTN, 2008, p. 43).
Therefore, legalizing of PEDs under these two theoretical tenets is perceived to be a good thing for it makes the sporting arena to be fair in terms of competitiveness among the athletes and at the same time it maximizes on the possibility that when the athlete takes these PEDs one is likely to realize full potential in sports which in respect, has an economic and an emotional advantage to the athlete.
On the other hand, the PEDs legalization legislation which has led to the development of PHEDARA under the World Anti-Doping Agency arm, will maximize on mitigating and eliminating the harmful and health risk performance enhancing drugs which is good for both the athlete and family members or dependants as well as the country represented and the fact that the agency seeks to ensure that all athletes are fit and at their full potential while competing thus providing them with reasonable health care and sustenance in a free spirited way which brings back the true spirit of sporting.
Lastly, all the three concepts (Deontology, Teleology and Utilitarianism) uphold the morality issues (Center for Bioethics, 2005, p. 51) where PHADARA utilizes this platform by the rules and procedures it has developed that seek to protect the state from loss of athletes as well as adhering to the well being and health of the athletes.
Center for Bioethics. (2005). End of Life Care: An Ethical Overview. University of Minnesota. P: 1 – 53. Web.
Hospitality, Leisure, Sport & Tourism Network (HLSPTN). (2008). Resource Guide to the Philosophy of Sport and Ethics of Sport. The Higher Education Academy. P. 1 – 43. Web.
Shoulder, K. (2011). Applied Ethics: Sports Ethics. Net Places: The New York Times. P. 1. Web.