WHAT IS A THERAPEUTIC USE EXEMPTION?
Players may need medical treatment. In particular, they may have illnesses or health conditions that require them to take medications or undergo medical procedures. If the medication or method a player is required to use to treat or diagnose an illness or condition is prohibited as per the World Anti-Doping Agency’s (WADA) Prohibited List a Therapeutic Use Exemption (TUE) may give that player the authorization to use that substance or method while competing without leading to an anti-doping rule violation (ADRV) and applicable sanction.
A TUE ensures that players can be treated for medical conditions - even if the treatment involves using a prohibited substance or method – while avoiding the risk of being sanctioned. Applications for TUEs are evaluated by a panel of physicians, the FIBA TUE Committee (TUEC).
Please see the below answers to the frequently asked questions in relation to a TUE:
WHAT ARE THE CRITERIA FOR GRANTING A TUE?
All of the four following criteria must be met (for the full details of the criteria, please refer to the WADA International Standard for Therapeutic Use Exemptions (ISTUE) Article 4.2):
The player has a clear diagnosed medical condition that requires treatment using a prohibited substance or method;
The therapeutic use of the substance will not, on the balance of probabilities, produce significant enhancement of performance beyond the player’s normal state of health;
The prohibited substance or method is an indicated treatment for the medical condition, and there is no reasonable permitted therapeutic alternative;
The necessity to use that substance or method is not a consequence of the prior use (without a TUE), of a substance or method which was prohibited at the time of use.
WHAT IF I ALREADY HAVE A TUE FROM MY NATIONAL ANTI-DOPING ORGANIZATION?
If you already have a TUE granted by your National Anti-Doping Organization (NADO):
If you want to compete in a FIBA Competition: Your NADO’s TUE is only valid at the national level, and you must submit a request for recognition to FIBA. Please refer to the section “How to submit a request for recognition of your NADO’s TUE to FIBA?” below.
If you are not competing in FIBA Competitions:
If you are NOT an International-Level Player and you have been tested by FIBA, FIBA recognizes a valid TUE granted by your NADO (i.e., it satisfies the ISTUE criteria for granting a TUE), following review by FIBA’s TUE Committee.
WHAT HAPPENS AT MAJOR EVENTS?
A Major Event Organization (MEO) requires players to apply for the recognition of their TUE if they wish to use a prohibited substance or method in connection with the Event.
If you have a TUE granted by FIBA and you will be competing at a Major Event e.g., the Olympic Games, you should contact the MEO for information on their recognition process.
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 must 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 FIBA, 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 TUE APPLICATION TO FIBA IS DENIED?
A decision to deny a TUE application will include a written explanation of the reason(s) for the denial. If it is not clear to you, please contact FIBA to understand exactly why the TUE was denied. Sometimes, there may be a critical piece of information, diagnostic test, laboratory results missing, etc. In which case, you should re-apply to FIBA so that the TUEC can reassess your case.
If none of the above applies, you and/or your NADO may refer the matter to WADA for review no later than 21 days after notification of the FIBA TUEC decision. You should send the same information that you submitted to us, and on which the decision to deny the TUE was based, via a secure online method or by registered mail at:
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
It should be noted that WADA is not obliged to proceed with a request for a review. In that case, you and/or your NADO may appeal to the Court of Arbitration for Sport (CAS).
WHAT IF MY NADO’S TUE IS NOT RECOGNIZED BY FIBA?
You and/or your NADO have 21 days from the date of the decision to refer the matter to WADA for review. The email address to enquire and/or send the request for review is: medical@wada-ama.org. Alternatively, you may send 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 same information that was provided to your NADO should be submitted to WADA. Please use a secure online method unless sending by registered mail.
Pending WADA’s decision, your NADO TUE remains valid for national-level competition and out-of-competition testing only.
If the matter is not referred to WADA for review, your NADO must determine whether the original TUE that was granted should remain valid for national-level Competition and Out-of-Competition Testing.