Therapeutic Use Exemptions
Under the World Anti-Doping Code (Code) — the document harmonizing anti-doping rules in all sports — athletes with a documented medical condition requiring the use of a prohibited substance or method must obtain a Therapeutic Use Exemption (TUE) according to the criteria set forth in the International Standard for TUEs (ISTUE).
TUEs must be granted in a harmonized manner across countries and consistent with the ISTUE. It is the responsibility of the individual International Federations (IFs) and National Anti-Doping Organizations (NADOs) to grant TUEs to athletes in their respective Registered Testing Pools.
During the Olympic Games, TUEs can also be issued by the International Olympic Committee (IOC). The IOC anti-doping rules for the Vancouver Olympic Games state that the IOC Medical Commission will appoint a committee of physicians (TUEC) “to assess existing TUEs and to consider new requests for TUEs. Athletes who do not already have an approved TUE may apply to obtain a TUE from the IOC. The TUEC shall forthwith evaluate such new requests in accordance with the International Standard for Therapeutic Use Exemptions and render a decision on such request, which shall be the final decision of the IOC.”
This provides athletes competing in Vancouver who do not already have a TUE to be able to apply for one for the Games if they need to. According to the IOC anti-doping rules, anti-doping organizations must inform the IOC Medical Commission and WADA of any TUEs that have already been granted to athletes by the opening of the Athlete Village in Vancouver on February 4, 2010.
WADA’s role in relation to TUEs and the Vancouver Olympic and Paralympic Games remains consistent with its TUE responsibilities under the Code. The Agency has the right to monitor and review any TUE granted. In addition, athletes who requested a TUE and were denied by the IOC or the International Paralympic Committee (IPC) can ask WADA to review such decisions. If WADA determines that an approval or a denial of a TUE did not comply with the ISTUE, the Agency can reverse the decision. The athlete can still appeal to the Court of Arbitration for Sport (CAS) a decision denying the granting of a TUE that was not reversed by WADA.