Adams and drug database

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Therapeutic use exemption (TUE)

Even athletes can become ill or experience injuries, and they too are entitled to the best medical treatment available. Yet, special caution is advised when taking medication and in administering drugs: 2,000 of the 12,000 drugs listed in the Austria Codex are included in the Prohibited List.

NADA Austria's medication inquiry allows a quick and easy check of medication available in Austria: drug database (in German only)

If the responsible physician considers it necessary for the athlete to take medication containing a substance (active ingredient) included in the Prohibited List or to use a prohibited method, and no suitable alternative treatment is available, the athlete (not the physician!) has to immediately send a corresponding application for a therapeutic use exemption (TUE) to NADA Austria.

Please use our application form (PDFSize: 943.52 KB) for this purpose. Please note the processing period of up to 21 days for applications, stipulated by law.

Please note:

• As of 1 January 2010, only athletes who are included in the NADA Testing Pool must apply in advance for a therapeutic use exemption (TUE) to use prohibited substances or methods. The applicant is required to pay in advance a total fee of EUR 85 to NADA Austria for the procedure of deciding on the application for a TUE.
• For athletes who are not included in any testing pool, the rules governing TUEs apply, with the exception that the application for a TUE can only be filed in conjunction with an initiated doping control process (i.e. retroactively). There must, of course, be a medical indication for the consumption of medication containing prohibited substances or for the use of a prohibited method at the time of testing, with the indication supported by relevant evidence.
• Special caution is therefore advised in the case of self-medication, as there will be no records of such treatment. Finally, the anti-doping rules specify that the athlete is personally responsible for anything found in his or her body or body fluids.

Application criteria

Special information sheets listing application criteria are available for specific treatments and medical conditions:

WADA Application Criteria

Procedures

Schematic diagram of the steps in applying for a therapeutic use exemption (PDFSize: 98.06 KB)

• The completed form must be sent to NADA Austria or, in the case of "international athletes", to the particular federation, to be forwarded to the international federation. Please note that the international federations are not required to accept therapeutic use exemptions issued by national authorities. Please consult your national or international federation for more detailed information.

• It is helpful for the athlete to complete the form jointly with the responsible physician, since the physician is required in any case to provide information about the diagnosis and treatment and to provide reasons necessitating the planned treatment using prohibited substances or methods.


• The diagnosis and treatment should be substantiated by scientific criteria. NADA Austria may request additional expert opinions, with the applicant required to bear any expense incurred.


• The decision by the Medical Commission to issue a TUE must be based on the criteria set forth by WADA (International Standard for Therapeutic Use Exemptions (PDFSize: 139.96 KB)).


• The athlete receives the original therapeutic use exemption and a copy is sent to the particular national federation. "International athletes" must forward to NADA Austria any therapeutic use exemption issued by the particular international federation.


• A retroactive TUE is possible only for emergency treatment or athletes not included in a testing pool.


• Athletes are required to carry with them at all times a copy of the approved TUE for presentation at any testing.

Statutory provisions

§ 8 of the Anti-Doping Federal Act as amended by Federal Law Gazette I no. 146/2009 stipulates the following:

§ 8. (1) If a medical condition or injury of an athlete included in the National Registered Testing Pool requires the consumption of medication with prohibited substances or the application of prohibited methods on the basis of the diagnosis of a physician or dentist, an application for a therapeutic use exemption shall be filed in advance with the Independent Anti-Doping Organization with medical files being submitted, provided that it is not the responsibility of the competent international sports federation according to its own rules, or no valid TUE granted by WADA, an international sports federation, a foreign NADO or a foreign national sports federation exists. The application shall include in any case:

1. evidence of the medical or dental diagnosis specifying the medical condition, and all relevant findings;
2. the results of the examinations carried out to obtain the diagnosis;
3. the name of the medication to be administered and/or the description of the intended treatment method;
4. the medical indication on grounds of which medication with prohibited substances must be administered and/or prohibited methods of treatment must be used; and
5. the dose as well as the type and duration of necessary administration of the medication and/or use of the treatment method.

(2) In accordance with the International Standard for Therapeutic Use Exemptions, the decision shall be made within 21 days and communicated to the athlete in writing. The granted TUE shall be limited to the duration of the necessary administration or treatment. A withdrawal is only permitted under the provisions of this Standard.

(3) The Independent Anti-Doping Organization shall consult the General Commission of Physicians (§ 4 para 2 no. 2) for decisions on applications for TUEs, and the Dentists' Commission (§ 4 para 2 no. 3) for TUEs for dental treatment. The applicant shall pay a lump sum of EUR 85 to the Independent Anti-Doping Organization in advance for the procedure of deciding on the application for a TUE. This amount shall change on 1 January of each calendar year in line with the change in the current consumer price index as published by Statistics Austria, for the first time on 1 January 2011.

(4) There are situations for which the therapeutic use exemption can be requested retroactively, if the consumption or administration of medication with prohibited substances or the use of a prohibited method was required for emergency treatment of an acute medical condition or injury. Any emergency treatment shall be reported immediately to the organization competent pursuant to para 1. As soon as the athlete's health allows it, the application for a TUE shall be filed.

(5) It shall not constitute an anti-doping rule violation if the TUE was requested under para 1 or 4 and the Independent Anti-Doping Organization approves the application only after testing.

(6) For athletes not included in the National Registered Testing Pool the same rules apply except that the application for a TUE can only be filed in conjunction with an instituted doping control process. The TUE shall only be granted if there was a medical indication and evidence of the medical condition for consuming medication with prohibited substances or using a prohibited method at the time of sampling.

(7) If no TUE is granted, the athlete concerned may seek a review of the decision by the Independent Arbitration Commission within four weeks after having been served the decision.