TUE (Therapeutic Use Exemption)
TUE (Therapeutic Use Exemption)
Under certain circumstances and for certain medical needs, Athletes have a right to be permitted to use substances and methods that are on the Prohibited List. Therapeutic Use Exemptions (TUEs) are therapeutic use exemptions that allow Athletes with medical conditions to use prohibited substances or prohibited methods, but only if the conditions set forth in Article 4.4 (in The Code: Purposes and Activities) and the international standards for therapeutic use exemptions are met (WADA, 2023d:12).
The International Standard For Therapeutic Use Exemptions (ISTUE) has been developed by the World Anti-Doping Agency (WADA) in order to validate the parameters of TUE (Therapeutic Use Exemption) requests, and is applicable to all "Signatories" (countries that accept the International Convention Against Doping in Sport). ISTUE (International Standard For Therapeutic Use Exemptions) is a mandatory international standard developed as part of the World Anti-Doping Programme (WADA, 2023d:2). It is drafted and developed in consultation with Signatories, authorities and other relevant stakeholders.
The criteria for an Athlete's need for a Therapeutic Use Exemption (TUE) (WADA, 2023d:15) in the following circumstances: 1. Need to treat an emergency or urgent medical condition; 2. There was insufficient time, opportunity or other exceptional circumstances that prevented the Athlete from submitting (or the TUEC from considering) a TUE request prior to Sample collection; 3. Due to the national priority of certain sports, the Athlete's National Anti-Doping Organisation may not permit or require the Athlete to submit a Candidate TUE; 4. If a National Anti-Doping Organisation chooses to collect a Sample from an Athlete who is not an International or National level Athlete and the Athlete has used a Prohibited Substance or Prohibited Method for therapeutic purposes, the National Anti-Doping Organisation shall allow the Athlete to request a retroactive TUE; 5. Athletes using prohibited substances and/or methods out-of-competition for therapeutic purposes, prohibited substances that are only prohibited in-competition.