Retroactive Therapeutic Use Exemption

Under the World Anti-Doping Code, some athletes are classified as being eligible to apply for a retroactive Therapeutic Use Exemption (TUE) (rather than applying in-advance). 

• These are usually athletes competing below National level.
• Check the list of sports and criteria that shows which athletes need an in-advance TUE.

You may be eligible for a planned Retroactive Therapeutic Use Exemption if:

• your sport is not listed on the in-advance TUE list.
• you have not been notified of your inclusion in the Sport Integrity Australia Registered Testing Pool or National Testing Pool or Domestic Testing Pool.
• you do not meet any of the criteria for an in-advance TUE.

If you are eligible you should take the following steps:

1. Have a medical file prepared with the information needed for a Therapeutic Use Exemption in case an application is necessary.
2. Look at the TUE Checklists which outline the medical information needed when applying for a TUE.
3. Let your medical practitioner know they can find a more detailed document about the medical evidence needed for TUEs on the Medical evidence needed page.
4. ASDMAC cautions athletes to ensure that their supporting documentation is sufficient to meet the Therapeutic Use Exemption guidelines.
5. If you are tested, you should declare any medication you are taking on your doping control form.
6. If you are informed that your sample has returned an adverse analytical finding (positive doping control test), you should apply to the Australian Sports Drug Medical Advisory Committee (ASDMAC) for a retroactive Therapeutic Use Exemption.

ASDMAC will at all times:

• apply the criteria in the WADA International Standard for Therapeutic Use Exemptions
• be guided by the advice to Therapeutic Use Exemption Committees, about the granting of Therapeutic Use Exemptions for particular substances.

Other considerations

For any athlete, retroactive applications may also be considered if:

• 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 before sample collection.
• Due to national level prioritisation of certain sports, the athlete’s National Anti-Doping Organisation did not permit or require the athlete to apply for a prospective (in-advance TUE).
• If an Anti-Doping Organisation 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, the Anti-Doping Organisation must permit the athlete to apply for a retroactive TUE.
• The athlete used Out-of-Competition, for Therapeutic reasons, a Prohibited Substance that is only prohibited In-Competition.

In rare and exceptional circumstances and notwithstanding any other provision in the ISTUE, you may apply for and be granted retroactive approval for a therapeutic use of a Prohibited Substance or Method, if considering the purpose of the Code, it would be manifestly unfair not to grant a retroactive TUE.

This unique retroactive TUE will only be granted with the prior approval of WADA (and WADA may in its absolute discretion agree with or reject ASDMAC's decision).

Emergency treatment should be carried out, as medically appropriate. Considerations of the need for a Therapeutic Use Exemption can be dealt with after the medical issue is stabilised. 

There is a category of TUEs for these situations called 'retroactive' where the application is made after treatment has been given.

Visit the Frequently asked questions TUE page for more information