Therapeutic Use Exemptions 2010
There were significant changes to Rules and Policies surrounding Therapeutic Use Exemptions (TUEs) in 2009.
1. Abbreviated TUEs were no longer issued from January 1 2009 . This means that there are changes to the requirements for athletes who must seek an exemption to use beta 2 agonists and corticosteroids.
2. Drug Free Sport NZ has defined which athletes are “National Level” athletes and consequently which athletes must meet the full TUE requirements. (Athletes not in this group do not need to meet those full requirements.)
Here is a guide to the changes and associated requirements for full details refer to the relevant International Standards obtainable
here
1. Abbreviated Therapeutic Use Exemption's NO LONGER EXIST.
ATUEs do not exist in the new International Standard for TUE’s and are replaced as follows:
- Athletes who were issued with an Abbreviated TUE by DFSNZ, prior to January 1 2009 are no longer covered by this exemption.
- Athletes who were granted TUEs in 2009 may still be covered under the conditions of their exemption. Please refer to the acceptance letter you received from DFSNZ to check the expiry date of your TUE.
- Athletes moving into International Level competition need to meet the requirements of the relevant International Federation.
Beta 2 agonists.
Conditions have changed on selected Beta-2 Agonist medications from January 1, 2010 as follows:
- Inhaled Salmeterol (Serevent, Seretide) and Inhaled Salbutamol (Ventolin, Respigen) no longer require a TUE for athletes competing at any level. Athletes must either declare their use on a doping control form at the time of a test or online using their relevant Whereabouts programme if they are in a registered testing pool. In addition to this - an athlete may complete the Declaration of Use form available on this website. (Click here)
- Systemic Beta-2 Agonist administration (e.g. Ventolin Elixir), Clenbuterol, Terbutaline, (e)Formoterol and Bambuterol require TUE's. International Level athletes apply for TUEs from their International Federation and National Level athletes apply for TUEs from DFSNZ.
NOTE: Athletes who are not International or National Level do not need to apply for TUEs in advance to use any prohibited medications. If an athlete at this level returns an adverse analytical finding (positive test) they must seek a retro-active TUE. Sufficient docmentary evidence must show that the substance was prescribed by a registered medical practitioner to treat a recognised medical condition, and that the dosage was not such that it could have improved the performance of the athlete beyond a return to normal.
Glucocorticosteroids (GCS)
(Note: GCS use is not prohibited out of competition but any presence in an in competition sample will result in an adverse finding report):
National Level athletes who are prescribed these substances must do the following:
• For intravenous, oral, rectal and intramuscular injections a TUE must be applied for and granted prior to use unless the use is in an emergency situation. In that case the TUE must be applied for immediately following the administration.
• For injections (other than as above) and inhalation (e.g. as an asthma preventer) a declaration of use to DFSNZ is necessary either in advance or on the doping control form at the time of a test.
• Topical GCS use is not restricted and no TUE or declaration is necessary.
2. National Level Athletes (Defines which athletes are required to meet all TUE requirements).
- The Code states that TUE processes must apply to International Level athletes and National Level athletes as defined by the National Anti-Doping Organisation (Drug Free Sport NZ) but “specific national rules may be established for Doping Control for non-international-level or non-national-level competitors without being in conflict with the Code”.
- Drug Free Sport NZ has defined its National Level athletes and also the requirements for athletes who are not International or National Level.
The following athletes shall be regarded as National Level Athletes.
1/ All athletes in the DFSNZ Registered Testing Pool who are not International Level Athletes. (International Level Athletes must meet the TUE requirements of their IF.)
2/ All athletes who are included by name or specific category in any wider testing pool designated by DFSNZ. (Note: this will incorporate any athletes outside the RTP who are required to provide whereabouts information to DFSNZ without specifying the one hour per day time. It will include athletes on the “long list” for selection to Olympic or Commonwealth Games Teams.)
3/ All athletes who “qualify to compete” in the “National Championships” of sports as set out
here.
Notes:
1. These sports include sports in DFSNZ’s tier 1 or 2 where a “national championship(s)” or equivalent competition can be identified.
2. Sports in which entry is “open” (i.e. there is no “qualification”) and/or the competition incorporates a range of athletes, some of whom may be regarded as “recreational” are not generally included.
3. In establishing this list Drug Free Sport NZ has borne in mind the expectations set out in the Code and TUE Standards but also the realistic ability to communicate adequately with and expect full compliance from athletes who may not have been subject to anti-doping education and/or may not have sufficient opportunity to get access to lung function testing.
Requirements for athletes who are not International or National Level but are tested and return an adverse analytical finding relating to a prescribed medication.
• These athletes will be notified and must seek a retro-active TUE providing sufficient documentation to show clearly that the prohibited substance identified was administered/ prescribed by a registered medical practitioner to treat a recognised medical condition, and that the dosage was not such that it could have improved the performance of the athlete beyond a return to normal.
• Athletes in this category using glucocorticosteroids must declare their use prior to or at the time of the test or, in the case of substances administered by oral, rectal, intravenous or intramuscular routes, immediately apply for a retro-active TUE as indicated above.
