IPSC THERAPEUTIC USE EXEMPTION (TUE)

What is A Therapeutic Use Exemption (TUE)?

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 authorization 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 (TUEC).

What Are The Criteria For Granting A TUE?

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 a consequence of the prior use (without a TUE), of a substance or method which was prohibited at the time of use.

Who Should Apply For A TUE? Where And When To Apply?

Athletes who are subject to anti-doping rules would need a TUE to take a prohibited substance or use a prohibited method. You should verify with Dr. Jimmy Barbuti, Chairman of the IPSC TUE Committee, to know to whom you need to apply and if you can apply retroactively.

First, check if the required medication or method you intend to take or use is prohibited as per the WADA Prohibited List. You may also use a ‘check your medication’ online too or ask your NADO if it has one.

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 the 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. Contact your NADO or IPSC TUE Committee if you are having difficulties.

Then, contact the IPSC TUE Committee at [email protected] to determine your competition level and TUE application requirements.

If it is determined that you are an international-level athlete and all registered IPSC members, you must apply to IPSC TUE committee in advance, as soon as the need 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.

Please refer to the section “How To Apply For An IPSC TUE?” below. If you already have a TUE granted by your National Anti-Doping Organisation (NADO).

[Option 1 – Automatic recognition from specific NADOs or for specific substances]:

In such a case, please notify the IPSC TUE Committee that you have a TUE granted by your NADO.

If your existing TUE does not fall under a category of decision described above, you must submit a request for recognition to IPSC TUE Committee.

Please refer to the section “How to submit a request for recognition of your NADO’s TUE to the IPSC TUE Committee below.

[Option 2 – No automatic recognition]

Your NADO’s TUE is only valid at the national level, and you must submit a request for recognition to IPSC TUE Committee.

Please refer to the section “How To Submit a Request for Recognition Of Your NADO’s TUE to IPSC TUE Committee” below.

How To Apply For An IPSC TUE?

Your TUE application must be submitted in legible 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.

All IPSC athletes and affiliates to IPSC  will be responsible for all additional cost that may incur  regarding to the IPSC TUE process

Any TUE application that is not complete or legible will not be dealt with and will be returned for completion and resubmission.

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, and TUE Physician Guidelines 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.

When Will I Receive A Decision On My TUE Application Request For Recognition?

IPSC TUE Committee must render a decision as soon as possible and usually within 21 days from the date of receipt of the complete TUE Application [or request for recognition].

What If I Need To Renew My TUE?

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 IPSC TUE Committee, 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 ADO TUEC.

What If My IPSC TUE’s Application Is Denied?

A decision to deny a TUE application will include a written explanation of the reason(s) for the denial. If it is not clear to you, please contact IPSC TUE Committee to understand exactly why the TUE was denied. Sometimes, there may be a critical piece of information, a diagnostic test, laboratory results missing, etc. In which case, you should reapply to us.

You and/or your NADO may refer the matter to WADA for review no later than 21 days after notification of the IPSC TUE Committee’s decision.

You should send the same information that you submitted to us, and on which the decision to deny the TUE was based, via a secure online method or by registered mail at:

WADA Medical Department
World Anti-Doping Agency
Stock Exchange Tower
800 Place Victoria (Suite 1700)
P.O. Box 120
Montreal (Quebec) H4Z 1B7
Canada

The email address to enquire and/or send the request for review is: [email protected]

It should be noted that WADA is not obliged to proceed with a request for a review. In that case, you and/or your NADO may appeal to the Court of Arbitration for Sport (CAS).

What If My NADO’s TUE Is Not Recognized By IPSC TUE’s Committee?

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

WADA Medical Department
World Anti-Doping Agency
Stock Exchange Tower
800 Place Victoria (Suite 1700)
P.O. Box 120
Montreal (Quebec) H4Z 1B7
Canada

The same information that was provided to your NADO should be submitted to WADA. Please use a secure online method unless sending by registered mail.

Pending WADA’s decision, your NADO TUE remains valid for national-level competition and out-of-competition testing only.

If the matter is not referred to WADA 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.

Will My Medical Information Be Treated In A Confidential Manner?

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 process [For Option 2 in the section “How to apply to IPSC for a TUE?”], and in the IPSC’s TUE Application Form.

All members of the IPSC TUE Committee 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 IPSC TUE Committee 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 TUE Committee 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.

For more information, please refer to the IPSC TUE Privacy Policy.

Contact Information

For any further information and questions in relation to IPSC TUE’s personal information practices, please contact the Chairman of IPSC TUE Committee, Dr. Jimmy Barbuti at [email protected]