Therapeutic Use Exemption (TUE)
The procedure for submitting a Therapeutic Use Exemption is set out in the Antidoping Switzerland implementing provisions for Therapeutic Use Exemptions. These comply with the International Standard for Therapeutic Use Exemptions – ISTUE.
The following rules apply in Switzerland:
(Depending on the international sports federation, different rules may apply to athletes in the federation’s Registered Testing Pool or to those taking part in international events of this federation.)
If athletes are required to take a prohibited substance or use a prohibited method, it is possible to apply for and be granted a Therapeutic Use Exemption (TUE). This allows the athlete to use prohibited substances or methods on the List of Prohibited Substances and Methods issued by Antidoping Switzerland in German and French (Prohibited List). The application for a TUE is reviewed by the TUE Committee of Antidoping Switzerland.
The procedure for submitting TUEs depends which testing pool the athlete belongs to.
A TUE is granted in advance subject to the following criteria:
- An application for a TUE must be submitted to the TUE commission as a rule at least 30 days before the TUE is required.
- The prohibited substance or method is absolutely essential for treatment and no suitable therapeutic alternative is available.
- The requested treatment does not produce any additional performance enhancement other than the restoration of normal health, as would be expected after the treatment of a medically diagnosed illness.
- The requested use should not involve a treatment for raising inherently low levels of any endogenous hormones.
- The requested treatment should not be used to rectify the health-related consequences of earlier uses of doping agents.
A TUE may be submitted retrospectively:
- In emergency treatments.
- If an athlete is not in the RTP/Team Sport 1 or the NTP/Team Sport 2.
- For asthma treatment with Terbutalin for inhalation, Salbutamol for inhalation more than 1600mcg/day and more than 36mcg/day of Formoterol for inhalation, if the athlete is not in the RTP/Team Sport 1.
- Please note however: Even though a retroactive TUE may be submitted, all medical examinations, tests and documentation have to be completed before the beginning of the treatment with the prohibited method or substance. Retroactive applications for a TUE will not be accepted by the TUE commission without prior appropriate and valid medical examination and documentation (except for emergency treatment).
Athletes can apply for a TUE at any time. Antidoping Switzerland may charge athletes a service charge of CHF 150.00 exclusive of VAT for the costs incurred if they do not belong to a testing pool with a corresponding obligation to apply for TUEs in advance but insist on the review of their application in advance.
There are often queries about the following therapeutic treatments. The following substances are not prohibited in sport and do not require a TUE:
- Up to 1600 mcg/day of Salbutamol for inhalation
- Salmeterol for inhalation
- Up to 36 mcg/day of Formoterol for inhalation
- All glucocorticoids administered by the intraarticular, periarticular, peritendinous, peridural, intradermal and topical route or via inhalation (oral, intravenous, intramuscular or rectal route are prohibited).
- Up to 50 ml of iron injected every 6 hours.
Procedure to submit a TUE application:
- Check which testing pool you belong to. The sports federations are responsible for informing athlete about which testing pool they belong to.
- In advance: a TUE application must be submitted, together with all the necessary medical documents, as a rule 30 days before the start of treatment.
- Retrospectively: Either in emergency treatments or if Antidoping Switzerland requests a complete TUE application once the corresponding analysis results are available. A TUE application together with all necessary medical documents must be submitted within five working days of Antidoping Switzerland’s request to do so.
- The TUE commission usually sends the athlete a written decision on the application within 30 days.
Furthermore:
Athletes must keep a copy of the submitted form and the confirmation from Antidoping Switzerland.
The athlete is entitled to have a rejected application forwarded to WADA for evaluation. WADA, in turn, is entitled to review authorizations and revoke any granted authorization.
Applications must be sent to:
Antidoping Switzerland
P.O. Box 606
3000 Berne 22
Fax: 031 359 74 49