THERAPEUTIC USE EXEMPTION (TUE)

Athletes may have illnesses or conditions that require them to take particular medications. If the medication an athlete is required to take to treat an illness or condition happens to fall on the List of Prohibited Substances and Methods (Prohibited List), a TUE must be obtained. A TUE is necessary before an athlete uses a prescribed prohibited substance or method for the treatment of a legitimate medical condition. The JADCO Therapeutic Use Exemption Committee (TUEC) is responsible for reviewing, granting or denying TUE applications.

Criteria for JADCO Granting a TUE

An athlete may be granted a TUE if (and only if) he/she can show, on the balance of probabilities, that each of the following conditions is met:

The prohibited substance or prohibited method in question is needed to treat a diagnosed medical condition supported by relevant clinical evidence.

The therapeutic use of the prohibited substance or prohibited method would produce no additional enhancement of performance, other than that which might be anticipated by a return to a state of normal health.

There is no reasonable therapeutic alternative to the use of the otherwise prohibited substance or prohibited method.

The necessity for the use of the prohibited substance or prohibited method is not a consequence, wholly or in part, of the prior use (without a TUE) of a substance or method which was prohibited at the time of such use.

Retroactive TUE Application

An Athlete who needs to Use a Prohibited Substance or Prohibited Method for Therapeutic reasons must apply for and obtain a TUE prior to Using or Possessing the substance or method in question.

However, an Athlete may apply retroactively for a TUE (but still meet the conditions in the ISTUE) if one of any of the following exceptions applies:

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 prioritization of certain sports, JADCO did not permit or require the Athlete to apply for a prospective TUE
If JADCO 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, JADCO must permit the Athlete to apply for a retroactive TUE; or
The Athlete Used Out-of-Competition, for Therapeutic reasons, a Prohibited Substance that is only prohibited In-Competition
- - In accordance to 3), 4) and 5) above: such Athletes are strongly advised to have a medical file prepared and ready to demonstrate their satisfaction of the TUE conditions set out in the ISTUE, in case an application for a retroactive TUE is necessary following Sample collection
  - In accordance to 5) above, this seeks to address situations where, for Therapeutic reasons, an Athlete Uses a substance Out-of-Competition that is only prohibited In-Competition, but there is a risk that the substance will remain in their system In-Competition. In such situations, JADCO must permit the Athlete to apply for a retroactive TUE (where the Athlete has not applied in advance). This also seeks to prevent JADCO from having to assess advance TUE applications that may not be necessary.

In exceptional circumstances and notwithstanding any other provision in this International Standard for Therapeutic Use Exemptions, an Athlete may apply for and be granted retroactive approval for their Therapeutic Use of a Prohibited Substance or Prohibited Method if, considering the purpose of the Code, it would be manifestly unfair not to grant a retroactive TUE. For International-Level Athletes and National-Level Athletes, JADCO may grant an Athlete’s application for a retroactive TUE pursuant to this Article only with the prior approval of WADA (and WADA may in its absolute discretion agree with or reject the JADCOs decision).

For Athletes who are not International-Level Athletes or National-Level Athletes, JADCO may grant an Athlete’s application for a retroactive TUE pursuant to this Article without first consulting WADA; however, WADA may at any time review JADCO’s decision to grant a retroactive TUE and may in its absolute discretion, agree with or reverse the decision.

Any decision made by WADA and/or JADCO under this Article may not be challenged either as a defense to proceedings for an anti-doping rule violation, or by way of appeal, or otherwise.

All decisions of JADCO as it relates to this Article, whether granting or denying a TUE, must be reported through ADAMS.

HOW LONG DOES A TUE LAST?

TUEs are normally valid for the duration of the treatment prescribed by the medical doctor. In certain medical conditions, the treatment can be life-long. Athletes have the responsibility to keep track of the validity of their TUE and if necessary, to apply for a renewal before it expire

General Information on TUE:

A National-Level athlete should apply to JADCO for a TUE. A TUE granted by JADCO is valid at the national level only. “For the avoidance of doubt, when a National Anti-Doping Organisation grants a TUE to an athlete, that TUE is valid at national level on a global basis and does not need to be formally recognised by other National Anti-Doping Organisations under the TUE Recognition Process as set out in the ISTUE (for example, if an Athlete is granted a TUE by their National Anti-Doping Organisation (example JADCO) and then trains or competes in the country of another National Anti-Doping Organisation, that TUE will be valid if the athlete is then tested by such other National Anti-Doping Organisation.”

If the athlete becomes an international-level athlete or competes in an international event, the TUE granted by JADCO would not be valid for those purposes unless it is recognised by the relevant International Federation or Major Event Organisation under the TUE Recognition Process as set out in the International Standard for Therapeutic Use Exemption (ISTUE). An international-level athlete who does not already have a TUE from JADCO should apply to his or her International Federation for a TUE.

Any TUE that an athlete obtains from an International Federation would not be valid if the athlete competes in an international event organised by a Major Event Organisation, unless the relevant Major Event Organisation recognises the TUE under the TUE Recognition Process as set out in the ISTUE.

Athletes who do not have a TUE from an International Federation or JADCO and are competing at an international event organised by a Major Event Organisation should apply directly to the Major Event Organisation for a TUE.

If an International Federation or Major Event Organisation (as applicable) declines to recognise that TUE, then subject to the athlete’s rights of review and appeal, that TUE may not be relied upon to excuse the presence, use, possession or administration of the prohibited substance or prohibited method mentioned in the TUE in question.

TUES granted by JADCO or other Anti-Doping Organisations should be recognised by other Anti-Doping Organisations once they satisfy the conditions for granting a TUE under the Code. If an athlete becomes subject to the TUE requirements of an International Federation or Major Event Organisation and already has a TUE, he/she should not submit an application for a new TUE to the International Federation or Major Event Organisation.

The International Federation or Major Event Organisation may publish notice that it will automatically recognise TUE decisions, for example those made by specified Anti-Doping Organisations or those relating to particular prohibited substances; provided that such TUE decisions have been granted and reported in ADAMS in accordance with the ISTUE.
An athlete should check the website of the International Federation and/or Major Event Organisation to see if their TUE falls into a category of TUEs that would be automatically recognised.
In the absence of such automatic recognition, the athlete should submit a request for recognition of the TUE to the International Federation or Major Event Organisation, in question. The request should be accompanied by a copy of the TUE and the original TUE application form and supporting materials.
Incomplete requests for the recognition of a TUE will be returned to the athlete for completion and re-submission. Any cost associated with the recognition process will be a cost to the athlete.
The TUEC in question may be required from the athlete or their physician additional medical information for example examinations or imaging studies, or other information that it deems necessary in order to consider the athlete’s request for recognition of the TUE.
The TUEC in question will decide whether or not to recognise the TUE within no more than 21 days of receipt of the application for recognition.
The athlete will be notified in writing of the TUECs decision and this will also be made available to WADA and other Anti-Doping Organisations in ADAMS.
If an athlete needs help to determine whether he/she needs to submit a TUE application to an International Federation or a Major Event Organisation for a TUE to be granted or for it to be recognised, please contact us and we can guide you through the process.

Applying for a TUE

A national level athlete who needs a TUE should apply to JADCO as soon as possible.

For substances that are prohibited in-competition, an athlete should apply at least 30 days before his/her competition. An athlete may not apply to more than one (1) Anti-Doping Organisation for a TUE for the Use of the same prohibited substance or prohibited method for the same medical condition. An athlete should not have more than one (1) TUE at a time for the Use of the same prohibited substance or prohibited method for the same medical condition.

The athlete should:

Download the TUE application form from the JADCO website
Take the application form to their treating physician who will review and sign the form accordingly
The completed application form must be accompanied by a comprehensive medical history, including documentation from the original diagnosing physician(s) (where possible) and the results of all examinations, laboratory investigations and imaging studies relevant to the application
Submit the TUE application form and the relevant medical documents to JADCO
The athlete should keep a complete copy of the TUE application form and documents for their records.
The TUE application will only be considered by the JADCO TUEC following the receipt of a properly completed form and the relevant medical documents to support the medical condition
Incomplete TUE applications will be returned to the athlete for completion and re-submission
The JADCO TUEC may request from the athlete additional medical information, for example imaging studies, or seek other medical and scientific expertise deem necessary for the evaluation of the medical condition
Any cost associated with the TUE application process will be a cost to the athlete
The JADCO TUEC will decide whether or not to grant an application in no more than 21 days of receipt of the completed TUE application
The JADCO TUEC decision will be communicated to the athlete in writing and will be made available to WADA and to other Anti-Doping Organisations by way of ADAMS
The TUE will have a specified duration as decided by the JADCO TUEC at the end of which will automatically expire
To apply for a TUE, simply click here to download JADCO TUE application form.
You can submit the completed application form to technical@jadco.gov.jm.
A TUE will only be considered following the receipt of a completed application including all relevant documentation.
If you require further assistance, contact us

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