· The Nigerian National Anti-Doping Committee (NADC) is responsible for administering Therapeutic Use Exemptions (TUEs) for national Level athletes, as defined under Nigeria Anti-Doping rules
· TUE granted by NADC is valid at the national level only. TUE granted by NADC may require the recognition of an International Federation (IF) or Major Event Organizer (MEO) for use by an International Level Athlete or an athlete competing in an international event.
WHAT IS A THERAPEUTIC USE EXEMPTION (TUE)?
Situations may arise where an athlete who is subject to Anti-Doping Rules has an illness or condition that requires them to use a medication that contains a prohibited substance or method listed in the World Anti-Doping Agency’s (WADA) Prohibited List. A TUE gives an athlete the necessary permission to legitimately use a prohibited substance or method to compete in sport without committing an Anti-Doping Rule Violation (ADRV) with applicable consequence(s). A TUE is valid for a specified period. Applications for TUE are evaluated and approved by a TUE Committee (TUEC). It is documented and its use is monitored to avoid abuse or misuse.
TUEs are granted according the International Standard for TUEs (ISTUE), a document outlining the conditions, the stakeholder responsibilities and the TUE process.
WHAT ARE THE CRITERIA FOR GRANTING A TUE?
An athlete MUST fulfill the following before a TUE can be granted:
1. The medical condition must be clearly diagnosed and shows that treatment requires the use of a prohibited substance or method;
2. The medical/therapeutic use of the substance or method will not, on the balance of probabilities, significantly enhance the performance of the athletes beyond his/her normal state of health;
3. The prohibited substance or method is indicated in the treatment of the medical condition, and there is no reasonable permitted alternative;
4. The need to use the substance or method is not due to the prior use (without a TUE) of a substance or method which was prohibited at the time of use.
NOTE:
· For the TUE to be granted, all four criteria must be met
· The criteria are the same, whether you apply in advance or retro-actively
For more details please refer to the WADA International Standard for Therapeutic Use Exemptions (ISTUE) Article 4.2.
DO YOU NEED A TUE?
It is the responsibility of an athlete to know and understand all about the TUE. It is the responsibility of an athlete to know when they need a TUE:
· When you visit a physician, make sure you tell the physician that you are an athlete, that you are bound to anti-doping rules and there are substances and methods that cannot be used for you except you get an authorization;
· You and your physician(s) should check the WADA Prohibited List for the substance/method you are prescribed if it is prohibited
· You can also use an online "Check Your Medication" tool like the Global DRO to check the status of your prescription and over-the-counter medications or ask your National Anti-Doping Organization (NADO) to advise you on the medication.
· If the substance or method you want or need to use is prohibited, ask the physician for non-prohibited alternatives, if there are none then apply for a TUE
· You can contact the National Anti-Doping Committee or your Federation if you are difficulties or questions
TYPES OF TUEs
In advance TUEs
In the absence of an emergency situation, some athletes must have a TUE before they use a prohibited substance. These athletes include:
· Athletes in the NADC Registered Testing Pool or National Testing Pool
· Athletes selected to represent the Nigeria at the Olympic, Paralympic or Commonwealth Games teams;
· Athletes registered as part of a national team to compete in specific events
International level athletes should confirm with their International Federations (IFs) regarding their responsibilities on TUEs and may apply for a TUE from their IFs.
Retroactive TUEs
A retroactive TUE is one that's granted after an athlete has tested positive. An athlete will need to meet the criteria and supply comprehensive medical documents before a TUE can be granted.
You may apply to the NADC for a retroactive TUE if:
· You required emergency or urgent treatment for 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 Nigeria Anti-Doping Rules, you were not allowed or required to apply in advance for a TUE;
· You are a lower-level athlete who is not under the jurisdiction of an International Federation or National Anti-Doping Organization and were tested;
· 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 International Standard for Therapeutic Use Exemptions) 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 the Nigeria National Anti-Doping Committee’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.
Emergency treatment
If you have a serious accident or you require emergency medical treatment, don’t hesitate. Your health always comes first and you should get whatever medical help you need immediately.
However, do advise all medical staff that you’re an athlete who could be drug tested and ask them to check whether all medications are prohibited in sport. And if you do require a prohibited substance or method for the sake of your health, make a TUE application immediately after treatment. This is known as a retroactive TUE.
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 shall 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 NADC, 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 NADC’S TUE APPLICATION IS DENIED?
If a TUE application is declined, you will receive a written explanation of the reasons for that decision. If you need help to understand why the decision was made, feel free to contact the NADC. Sometimes, there may be a critical piece of information, diagnostic test, laboratory results missing, etc. In which case, you should re-apply to us. Otherwise, you may appeal the denial decision to the NADC Appeal Hearing Panel within 10 days or reasonable time of receipt of the TUEC decision.
WHAT IF MY NADC’S TUE IS NOT RECOGNIZED BY MY INTERNATIONAL FEDERATION?
If your International Federation does not recognize your NADC TUE, you and NADC have 21 days to refer the matter to WADA for review after notification of the non-recognition. You should send the same information that you submitted to NADC, and on which their TUEC based their decision, via a secure online method or by registered mail 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 email address to enquire and/or send the request for review is: medical@wada-ama.org.
Pending WADA’s decision, NADC’s TUE remains valid for national-level competition and out-of-competition testing only. If the matter is not referred to WADA for review, NADC will determine whether the original TUE granted to you should remain valid for national-level competition and out-of-competition testing.
CONFIDENTIAL TREATMENT OF MEDICAL INFORMATION
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 NADC's TUE Application Form . All members of the TUEC and any other authorized 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 NADC's TUEC to obtain the information related to your TUE request in accordance with the Athlete’s Declaration, your TUE application will be deemed withdrawn without approval being granted.
Your TUE request-related information will be retained by the NADC and any other authorized 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.
