What should I do if I took a prohibited substance in an emergency situation?

We continue to discuss important aspects of professional athletes’ rights, and today we’ll answer the question: what should an athlete do if they have taken a prohibited substance?

In sports, there is a concept known as Therapeutic Use Exemption (TUE) - a permission granted by an anti-doping organization and approved by a Therapeutic Use Exemption Committee. It allows athletes to undergo treatment using a prohibited substance or method without violating anti-doping rules and, accordingly, without facing sanctions.

To be granted such an exemption, the following four conditions must be met:

1. The prohibited substance or method is needed to treat a diagnosed medical condition;

2. The substance does not enhance performance, it just brings the athlete back to normal health;

3. There are no reasonable, permitted, alternative treatments available;

4. The need to use the substance or method is not due to the prior use of the substance or method without a valid TUE.

5. 
   

In answering the main question of this article, it’s important to mention retroactive therapeutic use exemption, meaning that if an athlete has taken a prohibited substance but did not apply for a TUE in advance, there is a procedure for obtaining such an exemption after the substance was used.

A retroactive TUE can be granted in the following four cases:

1. The athlete required emergency or urgent treatment of a medical condition;

2. There was insufficient time, opportunity or other exceptional circumstances that prevented the athlete from submitting the TUE application, or having it evaluated, before getting tested;

3. The athlete was a lower-level athlete who was not under the jurisdiction of an International Federation or National Anti-Doping Organization when they were tested;

4. The athlete tested positive after using a substance out-of-competition that was only prohibited in-competition (for example glucocorticoids).

   
   

Where to request a Therapeutic Use Exemption?

• For national-level athletes – from the National Anti-Doping Agency;

• For international-level athletes – from the International Federation of the relevant sport;

• At major sporting events – from the organizer of the event.

  
  

!!!Important

• Declare the medication on their Doping Control Form;

• Specify that a TUE has been granted;

• Keep a copy of their TUE with them;

• And remember, WADA does not grant TUEs.

  
  

Useful Links:

International Standard for Therapeutic Use Exemptions (ISTUE)

At-a-Glance: Therapeutic Use Exemptions

Guidelines for the International Standard for Therapeutic Use Exemptions (ISTUE)

Please note: This information is adapted for the general public. If you need professional legal assistance, you can contact info@estconsulting.net.