Therapeutic Use Exemptions (TUEs) - Asian Games 2022

You can contact us to submit a TUE starting 21 August 2023 up to 8 October 2023.

FOR SECURITY REASONS, IT IS NOT ADVISED TO SEND APPLICATIONS BY EMAIL

1 – Fill in the TUE form, sign it and have it signed by your physician.

2 – Gather all the necessary supporting medical documentation (Resources List | World Anti-Doping Agency)

3 – Submit the form and the supporting documentation directly in ADAMS, if you are familiar with the process. You can call us at 0041-21-612-12-72 should you require support or book an appointment with the following app (this link will only be activated on 21 August 2023)

For any other situations, please contact us by phone or email ([email protected]) so that we can assess the situation and help you submit your application.

Your TUE application must be submitted in a legible form using capital letters or typing.

The medical file must include:

• A comprehensive medical history, including documentation from the original diagnosing physician(s) (where possible),
• The results of all examinations, laboratory investigations and imaging studies relevant to the application.
• Any costs incurred by the athlete in making the TUE application and in supplementing it as required by the ITA’s ITUEC are the responsibility of the athlete.
• Any TUE application that is not complete or legible will not be dealt with and will be returned for completion and re-submission.
• To assist you and your doctor in providing the correct medical documentation, we suggest consulting the  WADA’s Checklists for TUE applications  for guidance and support during the TUE application process, and  Medical Information to Support the Decisions of TUECs  for guidance on specific common medical conditions, treatments, substances, etc.
• Keep a complete copy of the TUE application form and all medical information submitted in support of your application, and proof that it has been sent.

Athletes may have illnesses or conditions that require them to take medications or undergo procedures. If the medication or method an athlete is required to use to treat an illness or condition is prohibited as per the World Anti-Doping Agency’s (WADA) Prohibited List, a TUE may give that athlete the authorisation to use that substance or method while competing without invoking an anti-doping rule violation (ADRV) and applicable sanction. Applications for TUEs are evaluated by a panel of physicians, the TUE Committee (ITUEC).

NADO TUEs are only valid for national-level Competition and Out-of-Competition Testing.

Athletes participating in the Asian Games 2022 are subject to anti-doping rules and would need a TUE to take a prohibited substance or use a prohibited method. You can also verify with us if you can apply retroactively. Please see chapter below on “HOW TO APPLY TO THE ITA’S ITUEC FOR A TUE?”

Before 21 August 2023

You should follow the usual process defined by your IF and NADO, and submit new requests to your IF or NADO. Pre-existing TUEs will follow the recognition process provided they are entered in ADAMS.

Between 21 August 2023 and 8 October 2023

Athletes participating in the Games should contact the ITA to enquire about the organization responsible for the processing of their TUE. The ITA TUEC will process only TUEs that have a validity limited to the period of the Games (21 September to 8 October 2023).

For example, TUEs for chronic conditions (like ADHD or diabetes) should be processed by your NADO (National Anti-Doping Organizations (NADOs) | World Anti-Doping Agency (wada-ama.org)) in advance of the Games and will be recognized automatically for the duration of the Games.

To submit a TUE, please first, check if the required medication or method you intend to take or use is prohibited as per the WADA Prohibited List.

For this, you may also use a ‘check your medication’ online like  Global Drug Reference Online  or consult your National Anti-Doping Organisation (NADO).

You have a responsibility to inform your physician(s) that you are an athlete bound to anti-doping rules. You and your physician(s) should check the  Prohibited List  for whatever substance/method you are prescribed. If the substance/method is prohibited, discuss non-prohibited alternatives, if there are none, apply for a TUE. Remember athletes have the ultimate responsibility.

You must apply for a TUE, as soon as the need to use the substance or method arises, unless there are emergency or exceptional circumstances.

For substances prohibited in-competition only, you should apply for a TUE at least 30 days before your next competition, unless one of the exceptions on retroactive TUEs (see below) apply.

If you already have a TUE granted by your National Anti-Doping Organisation (NADO) or International Federation (IF), your TUE will be automatically recognized for the Period of the Games.

See chapter “how to submit a TUE” for more details.

All of the four following criteria must be met (for more details, please refer to the WADA International Standard for Therapeutic Use Exemptions (ISTUE) Article 4.2):

• The athlete has a clear diagnosed medical condition, which requires treatment using a prohibited substance or method;
• The therapeutic use of the substance will not, on the balance of probabilities, produce significant enhancement of performance beyond the athlete’s normal state of health;
• The prohibited substance or method is an indicated treatment for the medical condition, and there is no reasonable permitted therapeutic alternative;
• The necessity to use that substance or method is not the consequence of the prior use (without a TUE), of a substance or method which was prohibited at the time of use.

You may only apply retroactively for a TUE to ITA’s ITUEC if:

• You required emergency or urgent treatment of a medical condition.
• There was insufficient time, opportunity or other exceptional circumstances that prevented you from submitting the TUE application or having it evaluated, before getting tested.
• As per the Events’ anti-doping rules you were not permitted or required to apply in advance for a TUE.
• You tested positive after using a substance Out-of-Competition that was only prohibited In-Competition (for example glucocorticoids).
• In rare and exceptional circumstances and notwithstanding any other provision in the ISTUE, you may apply for and be granted retroactive approval for a therapeutic use of a prohibited substance or method, if considering the purpose of the Code, it would be manifestly unfair not to grant a retroactive TUE. An Anti-Doping Organization may grant an Athlete’s application for a retroactive TUE pursuant to this Article only with the prior approval of WADA (and WADA may in its absolute discretion agree with or reject the Anti-Doping Organization’s decision).

Important note:

Using a prohibited substance or method without a TUE could result in an Anti-Doping Rule Violation.

In case an application for a retroactive TUE is necessary following sample collection, you are strongly advised to have a medical file prepared and ready to submit for evaluation.

The TUEC shall be entitled, including prior to the Period of the Asian Games 2022, to review any TUE in order to ensure that it meets the criteria set out in the International Standard for Therapeutic Use Exemptions and, if necessary, request the provision of further supporting documentation. If the TUEC decides to review a TUE and determines that it does not meet the aforementioned criteria, and, accordingly, refuses to recognise it, it must notify the Athlete, the Athlete’s NOC and the granting Athlete’s National Anti-Doping Organisation or International Federation, and WADA promptly, explaining its reasons. Such decision shall also be reported via ADAMS. (Article 4.4.5 of the Anti-doping rules)

Where the athlete already has a TUE granted by the Athlete’s National Anti-Doping Organisation or International Federation and such TUE is available on ADAMS, the athlete does not need to apply for the recognition of this TUE which shall be automatically recognised.

The ITA’s ITUEC must render a decision as soon as possible, and usually within 21 days from the date of receipt of the complete TUE application, unless in exceptional circumstances. Nevertheless, during the Asian Games, treatment times are in average much shorter and all efforts will be made to provide a decision before a competition takes place.

Each TUE has a specific duration, at the end of which it expires automatically. Should you need to continue to use the prohibited substance or method, it is your responsibility to submit a new application for a TUE with updated medical information ahead of the expiry date, so that there is sufficient time for a decision to be made prior to the expiry of the current TUE. 

Important note:

The presence (following sample collection), use, possession or administration of the prohibited substance or method must be consistent with the terms of your TUE. Therefore, if you require a materially different dosage, frequency, route or duration of administration, you should contact the ITA’s ITUEC, as you may be required to apply for a new TUE. Some substances and dosages, e.g. insulin, are often modified during treatment and these possible fluctuations should be mentioned by the treating physician in the TUE application and would usually be accepted by the ITA’s TUEC.

TUEs granted by the TUE committee of the Asian Games 2022 will be only valid for the period of the Games. Should you have a chronic condition, or a treatment that is needed outside this period, you should contact your NADO or IF in order to prolong or renew your TUE.

A decision by the TUEC not to grant or not to recognise a TUE may be appealed by the athlete exclusively to the CAS ([email protected])

If the athlete does not appeal (or the CAS decides to uphold the refusal to grant/recognise the TUE and so rejects the appeal), the athlete may not use the prohibited substance or prohibited method in question in relation to the Asian Games, but any TUE granted by the athlete’s National Anti-Doping Organisation or International Federation for that substance or method remains valid outside of the Asian Games 2022.

You and/or your NADO have 21 days from the date of decision to refer the matter to CAS for review.  The email address to enquire and/or send the request for review is: [email protected]

The same information that was provided to your NADO should be submitted to the CAS.  Please use a secure on-line method unless sending by registered mail.

Pending the CAS decision, your NADO TUE remains valid for national-level competition and out-of-competition testing only.

If the matter is not referred to the CAS for review, your NADO must determine whether the original TUE that was granted should remain valid for national-level Competition and Out-of-Competition Testing.

All the information contained in a TUE application, including the supporting medical information and any other information related to the evaluation of your TUE request is kept strictly confidential and treated in accordance with the Athlete’s Declaration contained in the ADAMS TUE and in the TUE Application Form which can be found below. All members of the ITA’s TUEC and any other authorised recipients of your TUE request and related information (as described in the Athlete’s Declaration) are subject to a professional or contractual confidentiality obligation.

Please review the terms of the Athlete’s Declaration carefully. In particular, note that should you wish to revoke the right of the ITA’s TUEC to obtain the information related to your TUE in accordance with the Athlete’s Declaration, your TUE application will be deemed withdrawn without approval [or recognition] being granted.

Your TUE request-related information will be retained by the ITA’s ITUEC and any other authorised recipients for no longer than necessary for the purposes stated in the Athlete’s Declaration, in accordance with the International Standard for the Protection of Privacy and Personal Information.