| Therapeutic Use Exemption (TUE) 2021-01-08 |
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PROCESS FOR APPLYING TUE
1. Why TUE might be important?
The presence of a prohibited substance or its metabolites or markers, and/or the use or attempted use, possession or administration or attempted administration of a prohibited substance or prohibited method shall not be considered an anti-doping rule violation if it is consistent with the provisions of a TUE granted in accordance with the International Standard for Therapeutic Use Exemptions.
2. When and how should I apply for TUE?
Any national-level athlete who needs to use a prohibited substance or prohibited method for therapeutic purposes should apply to HUNADO for a TUE as soon as they need and in any event at least 30 days before the Athlete’s next competition, by completing and submitting the form posted on HUNADO's website, attaching all relevant medical documentation thereto as prescribed in HUNADO’s protocol posted on its website.
3. How does the application process for TUEs look like?
HUNADO has an independent expert panel to consider applications for the grant or recognition of TUEs (the “TUE Committee”). If you send your TUE application form to the TUE Committee, your application shall be promptly evaluated. Please note that you may be asked to provide extra information, and / or documents to the TUE Committee. The TUE Committee shall decide upon the application not later than 21 days from the complete form and its attachments (i.e. every relevant information, including extra information and / or documents) are submitted in accordance with the relevant provisions of the International Standard for Therapeutic Use Exemptions. Such decision shall be the final decision of HUNADO and shall be reported to WADA and other relevant Anti-Doping Organizations through ADAMS, and also to your national federation, in accordance with the International Standard for Therapeutic Use Exemptions. Please bear in mind that the submission of false or misleadingly incomplete information in support of a TUE application (including but not limited to the failure to advise of the unsuccessful outcome of a prior application to another Anti-Doping Organization for such a TUE) may result in a charge of Tampering or Attempted Tampering. An Athlete should not assume that his/her application for grant or recognition of a TUE (or for renewal of a TUE) will be granted. Any use or possession or administration of a prohibited substance or prohibited method before an application has been granted is entirely at the Athlete’s own risk.
4. How does the proceeding look like for athletes under national level?
If you are not a national-level athlete, or international-level athlete, and HUNADO chooses to test you, you will have a right to apply for a retroactive TUE for any prohibited substance or prohibited method that you are using for therapeutic reasons. Please contact us if you do not know whether you are a national, or international-level athlete at tuetitkar@antidopping.hu.
5. How does the proceeding look like for national-level athletes?
As a national-level athlete please follow the procedure set forth under point 3 above.
National-Level Athletes:
Every at least registered Athlete, who has reached the age of 16 and who plays a sport whose International Federation is a Signatory to the Code, and:
a) who were medalists of any national championships - in the actual Olympiad - until the last day of the Olympiad concerned;
b) who are members of a National team in Hungary in the current year, or were members of a National team in Hungary in the preceding year - until the last day of the year concerned;
c) who compete at International Event held in Hungary or abroad in the current year, or competed at International Event held in Hungary or abroad in the preceding year, which is included in the competition calendar either of National Federation or the International Federation - until the last day of the year concerned;
d) who participate in training camps funded by the state or a National Federation in the current year, or participated in training camps funded by the state or a National Federation in the preceding year - until the last day of the year concerned;
e) who are included in the Registered Testing Pool and Testing Pool of HUNADO - until the last day of the year when they are removed from these pools;
f) all athletes regardless of age, who are classified by HUNADO as National-level Athlete and who are notified in writing either directly or through their National Federation - for the period specified in the notification.
Notwithstanding to point a) to e) above, in exceptional cases, HUNADO has a right to classify registered athletes under the age of 16 as National-level Athlete if they meet with any of the criteria a) to e) above. In this case, HUNADO shall inform the minor athlete and his/her legal guardians in writing on the fact that the athlete is classified as a National-level Athlete.
However, if you are classified by your international federation as an international-level athlete then you will be considered international-level athlete, and not national-level athlete.
6. At what level is my TUE valid?
Any TUE granted by HUNADO is valid at national level only; it is not automatically valid for international-level competitions.
7. What should I do, if I become an international-level athlete?
If you are an international-level athlete, or becomes an international-level athlete, you should do the following.
If you already have a TUE granted by HUNADO for the substance or method in question, you may apply to your international federation to recognize that TUE. If that TUE meets the criteria set out in the International Standard for Therapeutic Use Exemptions, then the international federation shall recognize it for purposes of international-level competitions as well. If your international federation considers that the TUE granted by HUNADO does not meet those criteria and so refuses to recognize it, it will notify you, with reasons.
8. What should I do, if my international federation refuses my application?
You, as an international-level athlete and HUNADO have 21 days from such notification to refer the matter to WADA for review. If the matter is referred to WADA for review, the TUE granted by HUNADO’s TUE Committee remains valid for nationallevel competition and out-of-competition testing (but is not valid for internationallevel competitions) pending WADA’s decision. If the matter is not referred to WADA for review, the TUE becomes invalid for any purpose when the 21-day review deadline expires. In accordance with the requirements of the International Standard for Therapeutic Use Exemptions, HUNADO will help you to determine when you need to submit TUEs granted by HUNADO to your international federation or major event organization for recognition, and will
guide and support you through the recognition process. If you need any assistance, please contact us at tuetitkar@antidopping.hu
.
9. What should I do, if I am an international-level athlete and I do not have a TUE granted by HUNADO?
If you do not already have a TUE granted by HUNADO’s TUE Committee for the substance or method in question, please apply directly to your international federation for a TUE. Please bear in mind that, if HUNADO considers that the TUE granted by your international federation does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions, it has 21 days from such notification to refer the matter to WADA for review. If HUNADO refers the matter to WADA for review, the TUE granted by your international federation remains valid for international-level competitions and out-of-competition testing (but is not valid for national-level competitions) pending WADA’s decision. If HUNADO does not refer the matter to WADA for review, the TUE granted by your international federation becomes valid for national-level competitions as well when the 21-day review deadline expires.
10. Is my TUE valid for an indefinite period?
No. Please take into account that your TUE:
- shall expire automatically at the end of any term for which it was granted, without the need for any further notice or other formality; - may be cancelled if you do not promptly comply with any requirements or conditions imposed by the TUE Committee upon grant of the TUE; - may be withdrawn by the TUE Committee if it is subsequently determined that the criteria for grant of a TUE are not in fact met; or - may be reversed on review by WADA or on appeal.
Hungarian TUE Committee:
- Dr. Kovács Rita
- Dr. Osváth Péter
- Dr. Laki István
- Dr. Tóth Szabolcs
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