WHAT IS A THERAPEUTIC USE EXEMPTION?
The presence of a prohibited substance or his metabolites ou markers and / or theusage or attempted use possession oradministration or administration attempt an substance prohibited or a prohibited method will not be considered an anti-doping rule violation if it is consistent with the provisions of an TUE issued in accordance with the International Standard for Therapeutic Use Authorizations.
The TUE is thus an official document authorizing an athlete, as part of a treatment, to use a substance on the list of prohibited products.
In this context, a TUE is a document authorizing an athlete for proven medical reasons to use a normally prohibited substance or method appearing on the prohibited list kept up to date and published by the World Anti-Doping Agency.
Applications are examined by a Therapeutic Use Exemption Committee “CAUT”.
WHAT ARE THE OBTAINING CRITERIA?
Un sports stakeholders may be granted a TUE if (and only if) he can demonstrate, on a balance of probabilities, that each of the following conditions is met:
- La substance or prohibited method in question is necessary for the treatment of an acute or chronic pathology such as sports stakeholders would suffer significant health damage if the substance or prohibited method was not administered.
- It is highly unlikely that theusage therapeutic of substance or prohibited method produce an improvement in performance beyond that attributable to the return to normal health of the sports stakeholders after treatment of acute or chronic pathology.
- There must not be any authorized therapeutic alternative that can replace the substance or prohibited method.
- The need to use the substance ou prohibited method is not a partial or total consequence of the previous use (without TUE) of a substance ou method which was prohibited at the time of its usage.
Un sports stakeholders who needs to do usage an prohibited substance ou method prohibited for therapeutic reasons must obtain a TUE before doing usage of substance ou method in question or the own.
Un sports stakeholders cannot obtain retroactive authorization fromusage an prohibited substance or a prohibited method for therapeutic purposes (TUE retroactive) that:
- in the event of a medical emergency or treatment of an acute pathology; or
- if, due to other exceptional circumstances, there has not been sufficient time or opportunity for the sports stakeholders submit, or for the CAUT to consider, a request forTUE before the sample is takensample ;
- or if the applicable rules required that the sports stakeholders or allowed the sports stakeholders submit a request forTUE retroactive;
- if theWADA andanti-doping organization from whom the request forTUE retroactive is or would be submitted consider that a retroactive TUE should be granted in the name of fairness.
All athletes who participate in competitions, regardless of their level, are affected by the TUE application.
HOW TO PROCEED ?
Un sports stakeholders who is not a sportsman of international level must address his national anti-doping organization in order to obtain a TUE. If thenational anti-doping organization refuses this request, the sports stakeholders can appeal
Un sports stakeholders , which is a sportsman of international level must contact his international federation.
When the sports stakeholders already has a TUE issued by his national anti-doping organization for the substance or method in question, and that this TUE meets the criteria set out in the International Standard for Therapeutic Use Authorizations, the International Federation is required to recognize it. If the international federation considers that theTUE does not meet these criteria and therefore refuses to recognize theTUE, the international federation must immediately notify the sports stakeholders And its national anti-doping organization, indicating the reasons. The sports stakeholders ornational organization doping has 21 days from this notification to submit the matter to theWADA for exam. If the question is submitted to theWADA for consideration, theTUE issued by thenational anti-doping organization remains valid for the checks of competitions national level and for controls out of competition (but not valid for checks of competitions international level) pending the decision of theWADA. If the question is not submitted to theWADA for consideration, theTUE ceases to be valid in all cases after expiry of the examination period of 21 days.
If an international federation chooses to test an athlete who is not an international level athlete, it is required to recognize a TUE issued to this athlete by its national anti-doping organization.]
A organization responsible for major events may require that athletes turn to her to ask for a TUE if they wish to do usage an prohibited substance or a method prohibited in connection with this event. In that case :
THEorganization responsible for major events must provide a procedure enabling the sports stakeholders to ask for a TUE if the athlete does not yet have one. If theTUE is granted, it is only valid for this event. If the sports stakeholders already has a TUE issued by his national anti-doping organization or its international federation and that this TUE meets the criteria set out in the International Standard for Therapeutic Use Authorizations, theorganization responsible for major events is required to recognize it. If theorganization responsible for major events considers that theTUE does not meet these criteria and therefore refuses to recognize it, it must immediately notify the sports stakeholders , indicating its reasons.
The decision of a organization responsible for major events not to recognize or not to issue a TUE may be the subject of an appeal by the sports stakeholders exclusively through an independent body established or designated for this purpose by theorganization responsible for major events. If the sports stakeholders does not appeal (or his appeal is dismissed), he is not allowed to make usage of the substance or method in question in connection with the event, but all TUE issued by his national anti-doping organization or its international federation for that substance or method remains valid outside the said event.
Additional information can be obtained on the WADA website: www.wada-ama.org