TUE

Therapeutic Use Exemption (TUE)

 

According to the International Standard for Therapeutic Use Exemptions (further – ISTUE) a Therapeutic Use Exemption (or TUE) allows an athlete with a medical condition to use a prohibited substance or prohibited method, but only if the conditions set out in article 4.4 and the ISTUE are met.

An Athlete who needs a TUE should apply as soon as possible.

For substances prohibited In-Competition only, the Athlete should apply for a TUE at least thirty (30) days before their next Competition, unless it is an iergency or exceptional situation.

The Athlete should apply to the National Anti-Doping Agency of the Republic of Belarus (further – NADA), International Federation and/or a Major Event Organization (as applicable), using the TUE application form provided.

National-level athletes, as well as athletes who are neither national- nor international-level athletes should apply to NADA for TUE.

In order to apply for TUE there is a TUE application form on NADA’s website.

If NADA chooses to collect a Sample from an Athlete who is not an International-Level Athlete or National-Level Athlete, and that Athlete is Using a Prohibited Substance or Prohibited Method for Therapeutic reasons, NADA must permit the Athlete to apply for a retroactive TUE.

Comment:

NADA shall provide the necessary assistance to the athlete and athlete support person in determining the level of the athlete when he/she needs to apply for TUE to the International Federation or major event organization, as well as provide the necessary assistance in the recognition process issued by it TUE.

You can consult by phone: 8(017) 227-28-90, 8(025) 604-40-19 or email: tue@nada.by

An Athlete may not apply to more than one (1) Anti-Doping Organization for a TUE for the Use of the same Prohibited Substance or Prohibited Method for the same medical condition. Nor may an Athlete have more than one (1) TUE at a time for the Use of the same Prohibited Substance or Prohibited Method for the same medical condition (and any such new TUE will supersede the previous TUE, which should be cancelled by the relevant Anti-Doping Organization).

An Athlete should submit the TUE application form to NADA through Anti-Doping Administration and Managient Systi (further – ADAMS), e-mail, post or in person. The form must be signed by the treating physician and accompanied by a comprehensive medical history, including documentation from the original diagnosing physician(s) (where possible) and the results of all examinations, laboratory investigations and imaging studies relevant to the application.

Comment:

Medical files must include an English summary that includes explanation of the diagnosis, key elients of the clinical exams, medical tests performed and treatment plan, when not in this language.

The Athlete should keep a complete copy of the TUE application form and of all materials and information submitted in support of that application.

A TUE application will only be considered by the Therapeutic Use Exemption Commission (TUEC) under NADA following the receipt of a properly completed application form, accompanied by all relevant documents. Incomplete applications will be returned to the Athlete for completion and re-submission.

The TUEC may request from the Athlete or their physician any additional information, examinations or imaging studies, or other information that it deis necessary in order to consider the Athlete’s application; and/or it may seek the assistance of such other medical or scientific experts as it deis appropriate.

Any costs incurred by the Athlete in making the TUE application and in supplienting it as required by the TUEC are the responsibility of the Athlete.

The TUEC shall decide whether or not to grant the application as soon as possible, and usually (i.e., unless exceptional circumstances apply) within no more than twenty-one (21) days of receipt of a complete application.

The TUEC’s decision must be communicated in writing to the Athlete and must be made available to WADA and to other Anti-Doping Organizations via ADAMS, in accordance with Article 5.5 ISTUE.

Each TUE will have a specified duration, as decided by the TUEC, at the end of which the TUE will expire automatically. If the Athlete needs to continue to Use the Prohibited Substance or Prohibited Method after the expiry date, he/she must submit an application for a new TUE well in advance of that expiry date, so that there is sufficient time for a decision to be made on the application before the expiry date.

Comment:

It is an athlete’s responsibility to submit an application for a new TUE upon expiration of the previous TUE, if necessary.

A TUE will be withdrawn prior to expiry if the Athlete does not promptly comply with any requirients or conditions imposed by NADA granting the TUE. Alternatively a TUE may be reversed upon review by WADA or on appeal.

In the event that, after their TUE is granted, the Athlete requires a materially different dosage, frequency, route or duration of Administration of the Prohibited Substance or Prohibited Method to that specified in the TUE, he/she must contact NADA, who will then determine whether the Athlete needs to apply for a new TUE. If the presence, Use, Possession or Administration of the Prohibited Substance or Prohibited Method is not consistent with the terms of the TUE granted, the fact that the Athlete has the TUE will not prevent the finding of an anti-doping rule violation.

TUEs granted by NADA are valid at national level only.

If a National Anti-Doping Organization grants a TUE to an Athlete and the Athlete subsequently becomes an International-Level Athlete or competes in an International Event, the TUE will not be valid unless and until the relevant International Federation recognizes that TUE in accordance with Article 7 ISTUE. If an International Federation grants a TUE to an Athlete and the Athlete then competes in an International Event organized by a Major Event Organization, the TUE will not be valid unless and until the relevant Major Event Organization recognizes that TUE in accordance with Article 7 ISTUE.

If the NADA TUEC denies the TUE application, the Athlete may appeal exclusively to the Sports Arbitration Court under the Public Association “Belarusian Union of Lawyers”, which NADA has an agreient with.

More information on therapeutic use you can find in the Regulation on therapeutic use, which is presented in this section!

A TUE application form with the relevant documents can be sent in electronic form (scanned documents) via email tue@nada.by, post or in person (220020, Republic of Belarus, Minsk, Pobediteley Ave.109 Б, office 307).

DOWNLOAD a TUE application form

Download a TUE Policy

Sample of a properly completed TUE application form