Retroactive Therapeutic Use Exemption

Under the World Anti-Doping Code some athletes are classified as being allowed to apply for a retroactive Therapeutic Use Exemption (rather than applying in-advance). These are usually athletes competing below National level.

Check the list of sports and criteria that shows which athletes need an in-advance Therapeutic Use Exemption.

If your sport is not listed, you have not been notified of your inclusion in the Sport Integrity Australia Registered Testing Pool or National Testing Pool or Domestic Testing Pool or you do not meet any of the criteria, you may be eligible for a planned retroactive Therapeutic Use Exemption and should take the following steps: 

1. Have a medical file prepared with the information needed for a Therapeutic Use Exemption in case an application is necessary. 
2. A summary of medical information needed, aimed at athletes, can be found on this site. 
3. A more detailed document, aimed at Medical Practitioners, about the medical evidence needed for Therapeutic Use Exemption applications can be found on the WADA website. Show the relevant information to your doctor. 
4. ASDMAC cautions athletes to ensure that their Therapeutic Use Exemption supporting documentation is sufficient to meet the Therapeutic Use Exemption guidelines. 
5. If you are tested, you should declare any medication you are taking on your doping control form. 
6. If you are informed that your sample has returned an adverse analytical finding (positive test), you should apply to ASDMAC for a retroactive Therapeutic Use Exemption. 

ASDMAC will at all times, apply the Therapeutic Use Exemption criteria in the WADA ISTUE and be guided by the advice to Therapeutic Use Exemption committees about the granting of Therapeutic Use Exemptions for particular substances. 

It should be noted that there are very strict minimum evidence requirements for all conditions.  Athletes using Testosterone are strongly encouraged to review the information required with their treating Practitioner as part of the preparation of their medical file. Preparing a medical file does not guarantee a Therapeutic Use Exemption will be granted as part of the planned retroactive Therapeutic Use Exemption process. 

For any athlete retroactive applications may also be considered if: 

• Emergency or urgent treatment of a medical condition was necessary.
• There was insufficient time, opportunity or other exceptional circumstances that prevented the athlete from submitting (or the TUEC to consider) an application for the TUE prior to sample collection.
• Due to national level prioritisation of certain sports, the athlete’s National Anti-Doping Organisation did not permit or require the athlete to apply for a prospective TUE.
• If an Anti-Doping Organisation 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, the Anti-Doping Organisation must permit the athlete to apply for a retroactive TUE.
• The athlete used Out-of-Competition, for Therapeutic reasons, a Prohibited Substance that is only prohibited In-Competition.

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.

This unique retroactive TUE will only be granted with the prior approval of WADA (and WADA may in its absolute discretion agree with or reject ASDMAC'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.