As an elite International-Level Athlete, you're always striving to perform your best. But what happens if you have a legitimate medical condition that requires treatment with a substance or method that's normally prohibited in your sport? Without an approved Therapeutic Use Exemption (TUE), using that prohibited substance or method could lead to an anti-doping rule violation, jeopardizing your ability to compete.
At Global Sports Advocates, our experienced international anti-doping attorneys understand the pressures you face. We're here to guide you through the TUE process, protect your right to necessary medical care, and preserve your eligibility to compete in the sport you love.
When Is a TUE Required?
In general, if the medication or treatment you need to protect your health contains a substance or method on the WADA Prohibited List, you will likely need to apply for and be granted a TUE to avoid committing an anti-doping rule violation. For example, many commonly prescribed medications, such as stimulants for ADHD or glucocorticoids for inflammatory conditions, are prohibited in competition.
The World Anti-Doping Code addresses Therapeutic Use Exemptions (TUEs) in Article 4.4. The International Standard for Therapeutic Use Exemptions provides detailed standards and processes for implementing these Code provisions.
What Are the Criteria for Obtaining a TUE?
Your TUE application must demonstrate that you meet all the following criteria:
- Experiencing significant health problems. You must show that without using the prohibited substance or method, you would experience a significant impairment to your health.
- Lacking therapeutic alternatives. There must be no reasonable permitted therapeutic alternative available to treat your condition.
- Enhancing performance. The use of the prohibited substance or method must not produce any additional performance enhancement beyond a return to your normal state of health.
- Requiring the substance or method. Your need for the substance must not be a consequence of the prior use without a TUE of a substance or method prohibited at the time of use.
Our anti-doping lawyers can help you gather the detailed medical evidence required to prove you satisfy these strict criteria.
When Can an International-Level Athlete Get a Retroactive TUE?
International-Level Athletes should always try to obtain a TUE before using a prohibited substance or method. However, the WADA Code permits retroactive TUE applications in limited situations:
- Emergency situations. If an athlete needs emergency treatment with a prohibited substance or method, they can apply for the TUE after being treated.
- Insufficient time before testing. Sometimes an athlete doesn't receive notice they've been selected for testing until right before providing a sample. If there wasn't time to submit a TUE application, they can apply retroactively.
- Use of a banned substance only prohibited In-Competition. Therapeutic use of a substance Out-of-Competition that is only prohibited In-Competition.
- Athlete who is not International or National Level. Therapeutic use of a banned substance by a recreational level athlete.
- Other exceptional circumstances. WADA has the discretion to approve retroactive TUEs if it would be manifestly unfair not to grant a retroactive TUE.
A retroactive TUE provides the same anti-doping rule violation protection as a regular TUE. Meaning, it wipes out the potential violation.
How Do You Apply for a TUE?
If you compete at the international level, you must apply to your International Federation (IF) for a TUE. Each IF may have its own forms and procedures you need to follow.
If an International-Level Athlete already has a TUE for a substance from their National Anti-Doping Organization (NADO), their IF must accept it if the TUE follows the rules in the International Standard for Therapeutic Use Exemptions.
What If Your TUE Is Denied?
If your TUE application is denied, you have the right to appeal. International-Level Athletes can request a review by WADA or appeal directly to the Court of Arbitration for Sport (CAS).
If the IF decides a TUE from a NADO doesn't meet the rules and refuses to recognize it, they must tell the athlete and their NADO why in a reasoned decision. The athlete or their NADO then has 21 days to ask WADA to review the decision. During the review, the TUE is still valid for national-level competitions and out-of-competition testing, but not international competitions.
At Global Sports Advocates, our attorneys have extensive experience helping athletes navigate the complicated world of TUE applications, denials, and appeals. We can evaluate the reasons cited for your TUE denial and help determine the optimal path forward.
