.... ...
.
..
.
.
.....
.
.
.
. ........ . ..................... ..
...
..
. ... ....
... ......... .... . ....... ...
.......
.................................
.... ...
...
.. .. ... .... . . .... .. .. ....
...
.
.
.. .
... .. ... .. .............. ... ...........
.
.
..
.
.
..
.... . . ..... .. .. ........... ...........
....
.
....
.
. . . ..... . ........... ..... .. ...............
... . .. .........
...............
....... .......
.... ....
..........
.
... ..... .. .........
.. ... .. ...............
.
. . ...... .
• ....
.
...
..
..
.
.
.
..
.
..... ... ..... ........ . .
....... . ... .... .... . . .......... .....
..... .....
.
..
. . . ..... .... .
.......
.... .... ...
..... ..
.
..
..
...... .... .... ....
..
..
.
..
.
...
.
..
.... ........... ....... ................... ...
•.
.
..... .... ... .....
.... ...........
. ........ .... .....
........
.................
. ...
.. •...• ........
...
.
. ...... ..... ........
...... . .....
.
.....
.. . ...
..
....
............
.
..............
... ....
...
.
.
..
.
.. ....
......... ..
.....
.. .
I

INTERNATIONAL
STANDARD

2023

...

8

world
anti-doping
agency.................. . . ...
.... . ...
. ..
...
.. ...... .
.
.. .... .
...................
....
........ ......................
....

...
.

.. .

...

International Standard for Therapeutic Use Exemptions
The World Anti-Doping Code International Standard for Therapeutic Use
Exemptions is a mandatory International Standard developed as part of the World
Anti-Doping Program. It was developed in consultation with Signatories, publicauthorities and other relevant stakeholders.
The International Standard for Therapeutic Use Exemptions was first adopted in
2004 and came into effect on 1 January 2005. It was subsequently amended
seven times, the first-time effective January 2009, the second effective January
2010, the third effective January 2011, the fourth effective January 2015, the fifth
effective January 2016, the sixth effective January 2019, the seventh effective
January 2021. This revised version was approved by the WADA Executive
Committee on 23 September 2022 and is effective as of 1 January 2023.

Published by:World Anti-Doping Agency
Stock Exchange Tower
800 Place Victoria (Suite 1700)
PO Box 120
Montreal, Quebec
Canada H4Z 1B7
www.wada-ama.org
Tel:
Fax:
E-mail:+ 1 514 904 9232
+ 1 514 904 8650
code@wada-ama.org

ISTUE – January 2023

Page 2 of 23

TABLE OF CONTENTSPART ONE: INTRODUCTION, CODE PROVISIONS, INTERNATIONAL STANDARD PROVISIONSAND DEFINITIONS ............................................................................................................................... 4
1.0

Introduction and Scope .............................................................................................................. 4

2.0

Code Provisions ......................................................................................................................... 4

3.0

Definitions and Interpretation ...................................................................................................... 4

PART TWO: STANDARDS AND PROCESS FOR GRANTING TUES ............................................... 10
4.0

Obtaining a TUE ....................................................................................................................... 10

5.0

TUE Responsibilities of Anti-Doping Organizations .................................................................. 12

6.0

TUE Application Process .......................................................................................................... 15

7.0

TUE Recognition Process ........................................................................................................ 17

8.0

Review of TUE Decisions by WADA ......................................................................................... 18

9.0

Confidentiality of Information .................................................................................................... 19

ANNEX 1: Code Article 4.4 Flowchart .............................................................................................. 21

ISTUE – January 2023

Page 3 of 23

PART ONE: INTRODUCTION, CODE PROVISIONS, INTERNATIONAL STANDARD
PROVISIONS AND DEFINITIONS
1.0

Introduction and Scope
The International Standard for Therapeutic Use Exemptions is a mandatory International Standard
developed as part of the World Anti-Doping Program.
The purpose of the International Standard for Therapeutic Use Exemptions is to establish (a) the
conditions that must be satisfied in order for a Therapeutic Use Exemption (or TUE) to be granted,
permitting the presence of a Prohibited Substance in an Athlete’s Sample or the Athlete’s Use or
Attempted Use, Possession and/or Administration or Attempted Administration of a Prohibited
Substance or Prohibited Method for Therapeutic reasons; (b) the responsibilities imposed on AntiDoping Organizations in making and communicating TUE decisions; (c) the process for an Athlete
to apply for a TUE; (d) the process for an Athlete to get a TUE granted by one Anti-Doping
Organization recognized by another Anti-Doping Organization; (e) the process for WADA to review
TUE decisions; and (f) the strict confidentiality provisions that apply to the TUE process.
Terms used in this International Standard that are defined terms from the Code are italicized. Terms
that are defined in this or another International Standard are underlined.

2.0

Code Provisions
The following articles in the 2021 Code are directly relevant to the International Standard for
Therapeutic Use Exemptions; they can be obtained by referring to the Code itself:

3.0•

Code Article 4.4 Therapeutic Use Exemptions ("TUEs")•

Code Article 13.4 Appeals Relating to TUEs

Definitions and Interpretation
3.1

Defined terms from the 2021 Code that are used in the International Standard for
Therapeutic Use Exemptions
ADAMS: The Anti-Doping Administration and Management System is a Web-based
database management tool for data entry, storage, sharing, and reporting designed to assist
stakeholders and WADA in their anti-doping operations in conjunction with data protection
legislation.
Administration: Providing, supplying, supervising, facilitating, or otherwise participating in
the Use or Attempted Use by another Person of a Prohibited Substance or Prohibited
Method. However, this definition shall not include the actions of bona fide medical personnel
involving a Prohibited Substance or Prohibited Method Used for genuine and legal
therapeutic purposes or other acceptable justification and shall not include actions involving
Prohibited Substances which are not prohibited in Out-of-Competition Testing unless thecircumstances as a whole demonstrate that such Prohibited Substances are not intended for
genuine and legal therapeutic purposes or are intended to enhance sport performance.

ISTUE – January 2023

Page 4 of 23

Adverse Analytical Finding: A report from a WADA-accredited laboratory or other WADAapproved laboratory that, consistent with the International Standard for Laboratories,
establishes in a Sample the presence of a Prohibited Substance or its Metabolites or Markers
or evidence of the Use of a Prohibited Method.
Anti-Doping Organization: WADA or a Signatory that is responsible for adopting rules for
initiating, implementing or enforcing any part of the Doping Control process. This includes,for example, the International Olympic Committee, the International Paralympic Committee,
other Major Event Organizations that conduct Testing at their Events, International
Federations, and National Anti-Doping Organizations.
Athlete: Any Person who competes in sport at the international level (as defined by each
International Federation) or the national level (as defined by each National Anti-Doping
Organization). An Anti-Doping Organization has discretion to apply anti-doping rules to an
Athlete who is neither an International-Level Athlete nor a National-Level Athlete, and thus
to bring them within the definition of “Athlete”. In relation to Athletes who are neither
International-Level nor National-Level Athletes, an Anti-Doping Organization may elect to:
conduct limited Testing or no Testing at all; analyze Samples for less than the full menu ofProhibited Substances; require limited or no whereabouts information; or not require advanceTUEs. However, if an Article 2.1, 2.3 or 2.5 anti-doping rule violation is committed by any
Athlete over whom an Anti-Doping Organization has elected to exercise its authority to test
and who competes below the international or national level, then the Consequences set forthin the Code must be applied. For purposes of Article 2.8 and Article 2.9 and for purposes ofanti-doping information and Education, any Person who participates in sport under theauthority of any Signatory, government, or other sports organization accepting the Code isan Athlete.
[Comment to Athlete: Individuals who participate in sport may fall in one of five categories:
1) International-Level Athlete, 2) National-Level Athlete, 3) individuals who are not
International or National-Level Athletes but over whom the International Federation or
National Anti-Doping Organization has chosen to exercise authority, 4) Recreational Athlete,
and 5) individuals over whom no International Federation or National Anti-Doping
Organization has, or has chosen to, exercise authority. All International and National-Level
Athletes are subject to the anti-doping rules of the Code, with the precise definitions ofinternational and national level sport to be set forth in the anti-doping rules of the International
Federations and National Anti-Doping Organizations.]
Attempt: Purposely engaging in conduct that constitutes a substantial step in a course of
conduct planned to culminate in the commission of an anti-doping rule violation. Provided,
however, there shall be no anti-doping rule violation based solely on an Attempt to commit a
violation if the Person renounces the Attempt prior to it being discovered by a third party not
involved in the Attempt.
CAS: The Court of Arbitration for Sport.
Code: The World Anti-Doping Code.
Competition: A single race, match, game or singular sport contest. For example, abasketball game or the finals of the Olympic 100-meter race in athletics. For stage races and

ISTUE – January 2023

Page 5 of 23

other sport contests where prizes are awarded on a daily or other interim basis the distinction
between a Competition and an Event will be as provided in the rules of the applicable
International Federation.
Education: The process of learning to instill values and develop behaviors that foster andprotect the spirit of sport, and to prevent intentional and unintentional doping.
Event: A series of individual Competitions conducted together under one ruling body (e.g.,the Olympic Games, World Championships of an International Federation, or Pan American
Games).
In-Competition: The period commencing at 11:59 p.m. on the day before a Competition inwhich the Athlete is scheduled to participate through the end of such Competition and the
Sample collection process related to such Competition. Provided, however, WADA may
approve, for a particular sport, an alternative definition if an International Federation provides
a compelling justification that a different definition is necessary for its sport; upon suchapproval by WADA, the alternative definition shall be followed by all Major Event
Organizations for that particular sport.
[Comment to In-Competition: Having a universally accepted definition for In-Competition
provides greater harmonization among Athletes across all sports, eliminates or reduces
confusion among Athletes about the relevant timeframe for In-Competition Testing, avoids
inadvertent Adverse Analytical Findings in between Competitions during an Event andassists in preventing any potential performance enhancement benefits from substances
prohibited Out-of-Competition being carried over to the Competition period.]International Event: An Event or Competition where the International Olympic Committee,
the International Paralympic Committee, an International Federation, a Major Event
Organization, or another international sport organization is the ruling body for the Event or
appoints the technical officials for the Event.
International-Level Athlete: Athletes who compete in sport at the international level, as
defined by each International Federation, consistent with the International Standard for
Testing and Investigations.
[Comment to International-Level Athlete: Consistent with the International Standard for
Testing and Investigations, the International Federation is free to determine the criteria it will
use to classify Athletes as International-Level Athletes, e.g., by ranking, by participation inparticular International Events, by type of license, etc. However, it must publish those criteria
in clear and concise form, so that Athletes are able to ascertain quickly and easily when they
will become classified as International-Level Athletes. For example, if the criteria include
participation in certain International Events, then the International Federation must publish alist of those International Events.]
International Standard: A standard adopted by WADA in support of the Code. Compliancewith an International Standard (as opposed to another alternative standard, practice orprocedure) shall be sufficient to conclude that the procedures addressed by the International
Standard were performed properly. International Standards shall include any TechnicalDocuments issued pursuant to the International Standard.

ISTUE – January 2023

Page 6 of 23

Major Event Organizations: The continental associations of National Olympic Committees
and other international multi-sport organizations that function as the ruling body for any
continental, regional or other International Event.
National Anti-Doping Organization: The entity(ies) designated by each country as
possessing the primary authority and responsibility to adopt and implement anti-doping rules,
direct the collection of Samples, manage test results and conduct Results Management at
the national level. If this designation has not been made by the competent publicauthority(ies), the entity shall be the country’s National Olympic Committee or its designee.
National-Level Athlete: Athletes who compete in sport at the national level, as defined byeach National Anti-Doping Organization, consistent with the International Standard for
Testing and Investigations.
Out-of-Competition: Any period which is not In-Competition.
Possession: The actual, physical Possession, or the constructive Possession (which shallbe found only if the Person has exclusive control or intends to exercise control over theProhibited Substance or Prohibited Method or the premises in which a Prohibited Substanceor Prohibited Method exists); provided, however, that if the Person does not have exclusive
control over the Prohibited Substance or Prohibited Method or the premises in which a
Prohibited Substance or Prohibited Method exists, constructive Possession shall only befound if the Person knew about the presence of the Prohibited Substance or Prohibited
Method and intended to exercise control over it. Provided, however, there shall be no antidoping rule violation based solely on Possession if, prior to receiving notification of any kindthat the Person has committed an anti-doping rule violation, the Person has taken concrete
action demonstrating that the Person never intended to have Possession and has renounced
Possession by explicitly declaring it to an Anti-Doping Organization. Notwithstanding
anything to the contrary in this definition, the purchase (including by any electronic or othermeans) of a Prohibited Substance or Prohibited Method constitutes Possession by the
Person who makes the purchase.
[Comment to Possession: Under this definition, anabolic steroids found in an Athlete's car
would constitute a violation unless the Athlete establishes that someone else used the car;in that event, the Anti-Doping Organization must establish that, even though the Athlete did
not have exclusive control over the car, the Athlete knew about the anabolic steroids andintended to have control over them. Similarly, in the example of anabolic steroids found in ahome medicine cabinet under the joint control of an Athlete and spouse, the Anti-Doping
Organization must establish that the Athlete knew the steroids were in the cabinet and that
the Athlete intended to exercise control over them. The act of purchasing a Prohibited
Substance alone constitutes Possession, even where, for example, the product does not
arrive, is received by someone else, or is sent to a third-party address.]
Prohibited List: The list identifying the Prohibited Substances and Prohibited Methods.
Prohibited Method: Any method so described on the Prohibited List.
Prohibited Substance: Any substance, or class of substances, so described on theProhibited List.

ISTUE – January 2023

Page 7 of 23

Recreational Athlete: A natural Person who is so defined by the relevant National AntiDoping Organization; provided, however, the term shall not include any Person who, within
the five (5) years prior to committing any anti-doping rule violation, has been an InternationalLevel Athlete (as defined by each International Federation consistent with the International
Standard for Testing and Investigations) or National-Level Athlete (as defined by each
National Anti-Doping Organization consistent with the International Standard for Testing andInvestigations), has represented any country in an International Event in an open category
or has been included within any Registered Testing Pool or other whereabouts information
pool maintained by any International Federation or National Anti-Doping Organization.
[Comment to Recreational Athlete: The term “open category” is meant to exclude competition
that is limited to junior or age group categories.]
Results Management: The process encompassing the timeframe between notification as
per Article 5 of the International Standard for Results Management, or in certain cases (e.g.,
Atypical Finding, Athlete Biological Passport, Whereabouts Failure), such pre-notification
steps expressly provided for in Article 5 of the International Standard for Results
Management, through the charge until the final resolution of the matter, including the end of
the hearing process at first instance or on appeal (if an appeal was lodged).
Sample or Specimen: Any biological material collected for the purposes of Doping Control.
[Comment to Sample or Specimen: It has sometimes been claimed that the collection ofblood Samples violates the tenets of certain religious or cultural groups. It has been
determined that there is no basis for any such claim.]
Testing: The parts of the Doping Control process involving test distribution planning, Sample
collection, Sample handling, and Sample transport to the laboratory.
Therapeutic Use Exemption (TUE): A Therapeutic Use Exemption allows an Athlete with a
medical condition to use a Prohibited Substance or Prohibited Method, but only if theconditions set out in Article 4.4 and the International Standard for Therapeutic Use
Exemptions are met.
Use: The utilization, application, ingestion, injection or consumption by any means
whatsoever of any Prohibited Substance or Prohibited Method.
WADA: The World Anti-Doping Agency.
3.2

Defined terms from the International Standard for the Protection of Privacy andPersonal Information
Personal Information: Information, including without limitation Sensitive Personal
Information, relating to an identified or identifiable Participant or other Person whose
information is Processed solely in the context of an Anti-Doping Organization’s Anti-Doping
Activities.

ISTUE – January 2023

Page 8 of 23

[Comment to Personal Information: It is understood that Personal Information includes, but
is not limited to, information relating to an Athlete’s name, date of birth, contact details andsporting affiliations, whereabouts, designated TUEs (if any), anti-doping test results, andResults Management (including disciplinary hearings, appeals and sanctions). Personal
Information also includes personal details and contact information relating to other Persons,such as medical professionals and other Persons working with, treating or assisting an
Athlete in the context of Anti-Doping Activities. Such information remains Personal
Information and is regulated by this International Standard for the entire duration of its
Processing, irrespective of whether the relevant individual remains involved in organized
sport.]
Processing (and its cognates, Process and Processed): Collecting, accessing, retaining,
storing, disclosing, transferring, transmitting, amending, deleting or otherwise making use of
Personal Information.
3.3

Defined terms specific to the International Standard for Therapeutic Use Exemptions
Therapeutic: Of or relating to the treatment of a medical condition by remedial agents or
methods; or providing or assisting in a cure.
Therapeutic Use Exemption Committee (or "TUEC"): The panel established by an AntiDoping Organization to consider applications for TUEs.
WADA TUEC: The panel established by WADA to review the TUE decisions of other AntiDoping Organizations.

3.4

Interpretation
3.4.1

The official text of the International Standard for Therapeutic Use Exemptions shallbe published in English and French. In the event of any conflict between the English
and French versions, the English version shall prevail.

3.4.2

Like the Code, the International Standard for Therapeutic Use Exemptions has beendrafted giving consideration to the principles of proportionality, human rights, andother applicable legal principles. It shall be interpreted and applied in that light.

3.4.3

The comments annotating various provisions of the International Standard for
Therapeutic Use Exemptions shall be used to guide its interpretation.

3.4.4

Unless otherwise specified, references to Sections and Articles are references to
Sections and Articles of the International Standard for Therapeutic Use Exemptions.

3.4.5

Where the term “days” is used in the International Standard for Therapeutic Use
Exemptions, it shall mean calendar days unless otherwise specified.

3.4.6

The Annexes to the International Standard for Therapeutic Use Exemptions have thesame mandatory status as the rest of the International Standard.

ISTUE – January 2023

Page 9 of 23

PART TWO: STANDARDS AND PROCESS FOR GRANTING TUES
4.0

Obtaining a TUE
An Athlete who needs to Use a Prohibited Substance or Prohibited Method for Therapeutic reasonsmust apply for and obtain a TUE prior to Using or Possessing the substance or method in question,
unless the Athlete is entitled to apply for a TUE retroactively under Article 4.1. In both cases, theArticle 4.2 conditions must be satisfied.
[Comment to Article 4.0: There may be situations where an Athlete has a medical condition and isUsing or Possessing a Prohibited Substance or Prohibited Method prior to becoming subject to antidoping rules. In that case, such prior Use/Possession does not require a TUE and a prospective
TUE will be sufficient.]
4.1

A retroactive TUE provides an Athlete the opportunity to apply for a TUE for a Prohibited
Substance or Prohibited Method after Using or Possessing the substance or method inquestion.
An Athlete may apply retroactively for a TUE (but must still meet the conditions in Article 4.2)
if any one of the following exceptions applies:a) Emergency or urgent treatment of a medical condition was necessary;b) There was insufficient time, opportunity or other exceptional circumstances thatprevented the Athlete from submitting (or the TUEC to consider) an application for the
TUE prior to Sample collection;c) Due to national level prioritization of certain sports or disciplines, the Athlete’s National
Anti-Doping Organization did not permit or require the Athlete to apply for a prospective
TUE (see comment to Article 5.1);d) If an Anti-Doping Organization chooses to collect a Sample from an Athlete who is not anInternational-Level Athlete or National-Level Athlete, and that Athlete is Using a
Prohibited Substance or Prohibited Method for Therapeutic reasons, the Anti-Doping
Organization must permit the Athlete to apply for a retroactive TUE; ore) The Athlete Used Out-of-Competition, for Therapeutic reasons, a Prohibited Substancethat is only prohibited In-Competition.
[Comment to Article 4.1: The fulfillment of one of the retroactive exceptions does not meanthat a TUE will necessarily be granted; it means that the Athlete’s application may beevaluated under Article 4.2 to determine if the specified TUE conditions have been satisfied.][Comment to Article 4.1(c), (d) and (e): Such Athletes are strongly advised to have a medical
file prepared and ready to demonstrate their satisfaction of the TUE conditions set out at
Article 4.2, in case an application for a retroactive TUE is necessary following Sample
collection.][Comment to Article 4.1(e): This seeks to address situations where, for Therapeutic reasons,an Athlete Uses a substance Out-of-Competition that is only prohibited In-Competition, but
ISTUE – January 2023

Page 10 of 23

there is a risk that the substance will remain in their system In-Competition. In such situations,
the Anti-Doping Organization must permit the Athlete to apply for a retroactive TUE (where
the Athlete has not applied in advance). This also seeks to prevent Anti-Doping
Organizations from having to assess advance TUE applications that may not be necessary.]
4.2

An Athlete may be granted a TUE if (and only if) they can show, on the balance of
probabilities, that each of the following conditions is met:a) The Prohibited Substance or Prohibited Method in question is needed to treat adiagnosed medical condition supported by relevant clinical evidence.
[Comment to Article 4.2(a): The Use of the Prohibited Substance or Prohibited Method
may be part of a necessary diagnostic investigation rather than a treatment per se.]b) The Therapeutic Use of the Prohibited Substance or Prohibited Method will not, on thebalance of probabilities, produce any additional enhancement of performance beyond
what might be anticipated by a return to the Athlete’s normal state of health following thetreatment of the medical condition.
[Comment to Article 4.2(b): An Athlete’s normal state of health will need to be determinedon an individual basis. A normal state of health for a specific Athlete is their state of healthbut for the medical condition for which the Athlete is seeking a TUE.]c) The Prohibited Substance or Prohibited Method is an indicated treatment for the medical
condition, and there is no reasonable permitted Therapeutic alternative.
[Comment to Article 4.2(c): The physician must explain why the treatment chosen was
the most appropriate, e.g., based on experience, side-effect profiles or other medical
justifications, including, where applicable, geographically specific medical practice, andthe ability to access the medication. Further, it is not always necessary to try and failalternatives before using the Prohibited Substance or Prohibited Method.]d) The necessity for the Use of the Prohibited Substance or Prohibited Method is not aconsequence, 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.
[Comment to Article 4.2: The WADA documents titled “TUE Physician Guidelines”, posted
on WADA’s website, should be used to assist in the application of these criteria in relation
to particular medical conditions.
The granting of a TUE is based solely on consideration of the conditions set out in Article
4.2. It does not consider whether the Prohibited Substance or Prohibited Method is themost clinically appropriate or safe, or whether its Use is legal in all jurisdictions.
When an International Federation or Major Event Organization TUEC is deciding whether
or not to recognize a TUE granted by another Anti-Doping Organization (see Article 7),
and when WADA is reviewing a decision to grant (or not to grant) a TUE (see Article 8),
the issue will be the same as it is for a TUEC that is considering an application for a TUE
under Article 6, i.e., has the Athlete demonstrated on the balance of probabilities thateach of the conditions set out in Article 4.2 is met?]

ISTUE – January 2023

Page 11 of 23

4.3

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, an Anti-Doping
Organization 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 withor reject the Anti-Doping Organization’s decision).
For Athletes who are not International-Level Athletes or National-Level Athletes, the relevant
Anti-Doping Organization 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 an AntiDoping Organization’s decision to grant a retroactive TUE pursuant to this Article, and may
in its absolute discretion, agree with or reverse the decision.
Any decision made by WADA and/or an Anti-Doping Organization under this Article may not
be challenged either as a defense to proceedings for an anti-doping rule violation, or by wayof appeal, or otherwise.
All decisions of an Anti-Doping Organization under this Article 4.3, whether granting or
denying a TUE, must be reported through ADAMS in accordance with Article 5.5.
[Comment to Article 4.3: For the avoidance of doubt, retroactive approval may be granted
under Article 4.3 even if the conditions in Article 4.2 are not met (although satisfaction of suchconditions will be a relevant consideration). Other relevant factors might include, without
limitation, the reasons why the Athlete did not apply in advance; the Athlete’s experience; the
Education previously received by the Athlete; whether the Athlete declared the Use of thesubstance or method on the Doping Control form; and the recent expiration of the Athlete’s
TUE. In making its decision, WADA may, at its discretion, consult with a member(s) of a
WADA TUEC.]

5.0

TUE Responsibilities of Anti-Doping Organizations
5.1

Code Article 4.4 specifies (a) which Anti-Doping Organizations have authority to make TUE
decisions; (b) how those TUE decisions should be recognized and respected by other AntiDoping Organizations; and (c) when TUE decisions may be reviewed and/or appealed.
[Comment to Article 5.1: See Annex 1 – Code Article 4.4 Flowchart summarizing the key
provisions of Code Article 4.4.
Where national policy requirements and imperatives lead a National Anti-Doping
Organization to prioritize certain sports or disciplines over others in its test distribution
planning (as contemplated by Article 4.4.1 of the International Standard for Testing andInvestigations), the National Anti-Doping Organization may decline to consider advanceapplications for TUEs from Athletes in some or all of the non-priority sports or disciplines, but
in that case it must permit any such Athlete from whom a Sample is subsequently collected
to apply for a retroactive TUE. The National Anti-Doping Organization should publicize any
such policy on its website for the benefit of affected Athletes.

ISTUE – January 2023

Page 12 of 23

Code Article 4.4.2 specifies the authority of a National Anti-Doping Organization to makeTUE decisions in respect of Athletes who are not International-Level Athletes. In case of
dispute as to which National Anti-Doping Organization should deal with the TUE applicationof an Athlete who is not an International-Level Athlete, WADA will decide. WADA’s decision
will be final and not subject to appeal.]
5.2

For the avoidance of doubt, when a National Anti-Doping Organization grants a TUE to an
Athlete, that TUE is valid at national level on a global basis and does not need to be formallyrecognized by other National Anti-Doping Organizations under Article 7.0 (for example, if anAthlete is granted a TUE by their National Anti-Doping Organization and then trains orcompetes in the country of another National Anti-Doping Organization, that TUE will be valid
if the Athlete is then tested by such other National Anti-Doping Organization).

5.3

Each National Anti-Doping Organization, International Federation and Major Event
Organization must establish a TUEC to consider whether applications for grant or recognition
of TUEs meet the conditions set out in Article 4.2.
[Comment to Article 5.3: For the avoidance of doubt, the fulfilment of the conditions set out
in Articles 4.1 and 4.3 may be determined by the relevant Anti-Doping Organization in
consultation with a member(s) of the TUEC.
While a Major Event Organization may choose to recognize pre-existing TUEs automatically,
there must be a mechanism for Athletes participating in the Event to obtain a new TUE if theneed arises. It is up to each Major Event Organization whether it sets up its own TUEC for
this purpose, or rather whether it outsources the task by agreement to a third party. The aim
in each case is to ensure that Athletes competing in such Events have the ability to obtain
TUEs quickly and efficiently before they compete.]a) TUECs should include at least three (3) physicians with experience in the care andtreatment of Athletes and a sound knowledge of clinical, sports and exercise medicine.
In cases where specific expertise is required (for example, for Athletes with impairments
where the substance or method pertains to the Athlete’s impairment), at least one (1)TUEC member or expert should possess such expertise. One (1) physician member
should act as chair of the TUEC.
b) In order to ensure impartiality of decisions, all members of the TUEC must sign a conflictof interest and confidentiality declaration (a template declaration is available on WADA’s
website).

5.4

Each National Anti-Doping Organization, International Federation and Major Event
Organization must establish a clear process for applying to its TUEC for a TUE that complies
with the requirements of this International Standard. It must also publish details of thatprocess by (at a minimum) posting the information in a conspicuous place on its website.

5.5

Each National Anti-Doping Organization, International Federation and Major Event
Organization must promptly report (in English or French) all decisions of its TUEC granting
or denying TUEs, and all decisions to recognize or refusing to recognize other Anti-Doping
Organizations' TUE decisions, through ADAMS as soon as possible and in any event withintwenty-one (21) days of receipt of the decision. A decision to deny a TUE shall include an
explanation of the reason(s) for the denial. In respect of TUEs granted, the information
reported shall include (in English or French):

ISTUE – January 2023

Page 13 of 23a) Whether the Athlete was permitted to apply for a TUE retroactively under Article 4.1 andan explanation of the reason(s) why, or whether the Athlete was permitted to apply for
and was granted a TUE retroactively under Article 4.3 and an explanation of the reason(s)why;b) The approved substance or method, the dosage(s), frequency, route of Administration
permitted, the duration of the TUE (and, if different, the duration of prescribed treatment),
and any conditions imposed in connection with the TUE; andc) The TUE application form (if not completed electronically in ADAMS) and the relevant
clinical information establishing that the Article 4.2 conditions have been satisfied in
respect of such TUE (for access only by WADA, the Athlete’s National Anti-Doping
Organization and International Federation, and the Major Event Organization organizing
an Event in which the Athlete wishes to compete).
[Comment to Article 5.5: If a TUE application form is used it may be translated into otherlanguages by Anti-Doping Organizations, but the original English or French text mustremain on the form, and an English or French translation of the content must be provided.
The full medical file, including diagnostic tests, laboratory results and values must be
provided, but need not be translated into English or French. However, a translatedsummary of all the key information (including key diagnostic tests) must be entered into
ADAMS, with sufficient information to clearly establish the diagnosis. It is strongly
suggested that the summary be prepared by a physician or other person with adequate
medical knowledge, in order to properly understand and summarize the medical
information. More detailed/full translations may be required by the relevant Anti-Doping
Organization or WADA, upon request.]
5.6

When a National Anti-Doping Organization grants a TUE to an Athlete, it must warn him/her
in writing that (a) the TUE is valid at national level only, and (b) if the Athlete becomes anInternational-Level Athlete or competes in an International Event, that TUE will not be valid
for those purposes unless it is recognized by the relevant International Federation or Major
Event Organization in accordance with Article 7.0. Thereafter, the National Anti-Doping
Organization should help the Athlete to determine when they need to submit the TUE to an
International Federation or Major Event Organization for recognition, and should guide andsupport the Athlete through the recognition process.

5.7

Each International Federation and Major Event Organization must publish and keep updated
a notice (at a minimum, by posting it in a conspicuous place on its website and sending it to
WADA) that sets out clearly (1) which Athletes under its jurisdiction are required to apply to
it for a TUE, and when; (2) which TUE decisions of other Anti-Doping Organizations it willautomatically recognize in lieu of such application, in accordance with Article 7.1(a); and (3)which TUE decisions of other Anti-Doping Organizations will have to be submitted to it forrecognition, in accordance with Article 7.1(b).

5.8

If a National Anti-Doping Organization grants a TUE to an Athlete and the Athlete
subsequently becomes an International-Level Athlete or competes in an International Event,
the TUE will not be valid unless and until the relevant International Federation recognizes
that TUE in accordance with Article 7.0. If an International Federation grants a TUE to an
Athlete and the Athlete then competes in an International Event organized by a Major Event

ISTUE – January 2023

Page 14 of 23

Organization, the TUE will not be valid unless and until the relevant Major Event Organization
recognizes that TUE in accordance with Article 7.0. As a result, if the International Federationor Major Event Organization (as applicable) declines to recognize that TUE, then (subject to
the Athlete’s rights of review and appeal) that TUE may not be relied upon to excuse thepresence, Use, Possession or Administration of the Prohibited Substance or Prohibited
Method mentioned in the TUE vis-à-vis that International Federation or Major Event
Organization.

6.0

TUE Application Process
6.1

An Athlete who needs a TUE should apply as soon as possible. For substances prohibited
In-Competition only, the Athlete should apply for a TUE at least thirty (30) days before theirnext Competition, unless it is an emergency or exceptional situation.

6.2

The Athlete should apply to their National Anti-Doping Organization, International Federation
and/or a Major Event Organization (as applicable), online or using the TUE application form
provided. Anti-Doping Organizations shall make the application form or process they want
Athletes to use available on their websites. If an application form is used, it must be based on the“TUE Application Form” template available on WADA’s website. The template may be
modified by Anti-Doping Organizations to include additional requests for information, but nosections or items may be removed.
[Comment to Article 6.2: In certain situations, an Athlete may not know which National AntiDoping Organization they should apply to for a TUE. In such circumstances, the Athlete
should consult the National Anti-Doping Organization of the country of the sport organization
for which they compete (or with which they are a member or license holder), to determine ifthey fall within that National Anti-Doping Organization’s TUE jurisdiction, according to theirrules.
If that National Anti-Doping Organization refuses to evaluate the TUE application because
the Athlete does not fall within its TUE jurisdiction, the Athlete should consult the anti-doping
rules of the National Anti-Doping Organization of the country in which they reside (if different).
If the Athlete still does not fall within that National Anti-Doping Organization’s TUE
jurisdiction, the Athlete should then consult the anti-doping rules of the National Anti-Doping
Organization of their country of citizenship (if different from where they compete or reside).
Athletes may contact any of the above-referenced National Anti-Doping Organizations forassistance with determining whether the National Anti-Doping Organization has TUE
jurisdiction. In the event that none of the above-mentioned National Anti-Doping
Organizations have TUE jurisdiction, where there is an Adverse Analytical Finding, theAthlete should ordinarily be permitted to apply for a retroactive TUE from the Anti-Doping
Organization that has Results Management authority. See also the summary flowcharts on“Where to Apply?” in the medical section of WADA’s website.]

6.3

An Athlete may not apply to more than one (1) Anti-Doping Organization for a TUE for the
Use of the same Prohibited Substance or Prohibited Method for the same medical condition.
Nor may an Athlete 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 (and any such new TUE willsupersede the previous TUE, which should be cancelled by the relevant Anti-Doping

ISTUE – January 2023

Page 15 of 23

Organization).
6.4

The Athlete should submit the TUE application to the relevant Anti-Doping Organization via
ADAMS or as otherwise specified by the Anti-Doping Organization. The application must be
accompanied by a comprehensive medical history, including documentation from theoriginal diagnosing physician(s) (where possible) and the results of all relevant
examinations, laboratory investigations and imaging studies. The application must include
the physician’s signature, in the designated area.
[Comment to Article 6.4: The information submitted in relation to the diagnosis and treatment
should be guided by the relevant WADA documents posted on WADA’s website.]

6.5

The Athlete should keep a complete copy of the TUE application and of all materials andinformation submitted to their Anti-Doping Organization.

6.6

A TUE application will only be considered by the TUEC following the receipt of a properly
completed application, accompanied by all relevant documents. Incomplete applications will
be returned to the Athlete for completion and re-submission.

6.7

The TUEC may request from the Athlete or their physician any additional information,
examinations or imaging studies, or other information that it deems necessary in order toconsider the Athlete’s application; and/or it may seek the assistance of such other medicalor scientific experts as it deems appropriate.

6.8

Any costs incurred by the Athlete in making the TUE application and in supplementing it asrequired by the TUEC are the responsibility of the Athlete.

6.9

The TUEC shall decide whether or not to grant the application as soon as possible, andusually (i.e., unless exceptional circumstances apply) within no more than twenty-one (21)days of receipt of a complete application. Where a TUE application is made in a reasonable
time prior to an Event, the TUEC must use its best endeavors to issue its decision before thestart of the Event.

6.10 The TUEC’s decision must be communicated in writing to the Athlete and must be madeavailable to WADA and to other Anti-Doping Organizations via ADAMS, in accordance with
Article 5.5.
6.11 Each TUE will have a specified duration, as decided by the TUEC, at the end of which the
TUE will expire automatically. If the Athlete needs to continue to Use the Prohibited
Substance or Prohibited Method after the expiry date, they must submit an application for a
new TUE well in advance of that expiry date, so that there is sufficient time for a decision to
be made on the application before the expiry date.
[Comment to Article 6.11: Where applicable, the duration of validity should be guided by the
WADA documents titled “TUE Physician Guidelines”.]
6.12 A TUE will be withdrawn prior to expiry if the Athlete does not promptly comply with any
requirements or conditions imposed by the Anti-Doping Organization granting the TUE.
Alternatively a TUE may be reversed upon review by WADA or on appeal.
6.13 Where an Adverse Analytical Finding is issued shortly after a TUE for the Prohibited

ISTUE – January 2023

Page 16 of 23

Substance in question has expired or has been withdrawn or reversed, the Anti-Doping
Organization conducting the initial review of the Adverse Analytical Finding, in accordancewith Article 5.1.1.1 of the International Standard for Results Management shall consider
whether the finding is consistent with Use of the Prohibited Substance prior to the expiry,
withdrawal or reversal of the TUE. If so, such Use (and any resulting presence of theProhibited Substance in the Athlete’s Sample) is not an anti-doping rule violation.
6.14 In the event that, after their TUE is granted, the Athlete requires a materially different dosage,
frequency, route or duration of Administration of the Prohibited Substance or Prohibited
Method to that specified in the TUE, they must contact the relevant Anti-Doping Organization,
who will then determine whether the Athlete needs to apply for a new TUE. If the presence,
Use, Possession or Administration of the Prohibited Substance or Prohibited Method is notconsistent with the terms of the TUE granted, the fact that the Athlete has the TUE will notprevent the finding of an anti-doping rule violation.
[Comment to Article 6.14: It is recognized that for certain medical conditions, dosages may
fluctuate, particularly during the early stages of the establishment of a treatment regime orfor a condition such as insulin-dependent diabetes. Such potential fluctuations should be
accounted for in the TUE. However, in the event of a change that is not accounted for in the
TUE, the Athlete must contact the relevant Anti-Doping Organization to determine whether a
new TUE is required.]
7.0

TUE Recognition Process
7.1

Code Article 4.4 requires Anti-Doping Organizations to recognize TUEs granted by otherAnti-Doping Organizations that satisfy the Article 4.2 conditions. Therefore, if an Athlete who
becomes subject to the TUE requirements of an International Federation or Major Event
Organization already has a TUE, they should not submit an application for a new TUE to theInternational Federation or Major Event Organization. Instead:a) The International Federation or Major Event Organization may publish notice that it willautomatically recognize TUE decisions made pursuant to Code Article 4.4 (or certain
categories of such decisions, e.g., those made by specified Anti-Doping Organizations,or those relating to particular Prohibited Substances), provided that such TUE decisions
have been reported in accordance with Article 5.5. If the Athlete’s TUE falls into a
category of TUEs that are automatically recognized in this way at the time the TUE is
granted, they do not need to take any further action. The TUE may not be subject tofurther review by the Anti-Doping Organization once automatically recognized.
[Comment to Article 7.1(a): Automatic recognition of TUE decisions can ease the burden
on Athletes. Nevertheless, International Federations and Major Event Organizations
should carefully select the Anti-Doping Organizations and/or substances for which they
will automatically recognize. If an International Federation or Major Event Organization iswilling to grant automatic recognition of TUE decisions, it should publish on its website
and keep updated a list of Anti-Doping Organizations whose TUE decisions it willrecognize automatically, and/or a list of those Prohibited Substances for which TUE
decisions will be recognized automatically.]b) In the absence of such automatic recognition, the Athlete shall submit a request forrecognition of the granted TUE to the International Federation or Major Event

ISTUE – January 2023

Page 17 of 23

Organization in question, via ADAMS or as otherwise specified by that International
Federation or Major Event Organization.
[Comment to Article 7.1(b): Recognition is based solely on satisfaction of the Article 4.2
conditions. Accordingly, TUE duration alone is not a reason to deny recognition (unless
it relates to satisfaction of the Article 4.2 conditions). Where applicable, TUE duration
should be guided by the WADA TUE Physician Guidelines.]

8.0

7.2

Incomplete requests for recognition of a TUE will be returned to the Athlete for completion
and re-submission. In addition, the TUEC may request from the Athlete or their physician any
additional information, examinations or imaging studies, or other information that it deems
necessary in order to consider the Athlete’s request for recognition of the TUE; and/or it may
seek the assistance of such other medical or scientific experts as it deems appropriate.

7.3

Any costs incurred by the Athlete in making the request for recognition of the TUE and insupplementing it as required by the TUEC are the responsibility of the Athlete.

7.4

The TUEC shall decide whether or not to recognize the TUE as soon as possible, and usually(i.e., unless exceptional circumstances apply) within no more than twenty-one (21) days ofreceipt of a complete request for recognition. Where the request is made a reasonable timeprior to an Event, the TUEC must use its best endeavors to issue its decision before the startof the Event.

7.5

The TUEC’s decision will be notified in writing to the Athlete and will be made available to
WADA and to other Anti-Doping Organizations via ADAMS. A decision not to recognize a
TUE must include an explanation of the reason(s) for the non-recognition.

7.6

If an International Federation chooses to test an Athlete who is not an International-Level
Athlete, it must recognize a TUE granted by that Athlete’s National Anti-Doping Organization
unless the Athlete is required to apply for recognition of the TUE pursuant to Articles 5.8 and
7.0, i.e., because the Athlete is competing in an International Event.

Review of TUE Decisions by WADA
8.1

Code Article 4.4.6 provides that WADA, in certain cases, must review TUE decisions ofInternational Federations, and that it may review any other TUE decisions, in each case todetermine compliance with the Article 4.1 and 4.2 conditions. In relation to the Article 4.2
conditions, WADA shall establish a WADA TUEC that meets the requirements of Article 5.3
to carry out such reviews. In relation to the Article 4.1 conditions, these can be reviewed by
WADA (which may, at its discretion, consult with a member(s) of a WADA TUEC).

8.2

Each request for review must be submitted to WADA in writing and must be accompanied by
payment of the application fee established by WADA, as well as copies of all of theinformation specified in Article 6.4 (or, in the case of review of a TUE denial, all of theinformation that the Athlete submitted in connection with the original TUE application). The
request must be copied to the Anti-Doping Organization whose decision would be the subjectof the review, and to the Athlete (if they are not requesting the review).

8.3

Where the request is for review of a TUE decision that WADA is not obliged to review, WADA
shall advise the Athlete as soon as practicable following receipt of the request whether or not

ISTUE – January 2023

Page 18 of 23

it will review the TUE decision. Any decision by WADA not to review the TUE decision is final
and may not be appealed. However, the TUE decision may still be appealable, as set out in
Code Article 4.4.7.
8.4

Where the request is for review of a TUE decision of an International Federation that WADA
is obliged to review, WADA may nevertheless refer the decision back to the International
Federation (a) for clarification (for example, if the reasons are not clearly set out in thedecision); and/or (b) for re-consideration by the International Federation (for example, if the
TUE was only denied because medical tests or other information required to demonstratesatisfaction of the Article 4.2 conditions were missing).
[Comment to Article 8.4: If an International Federation refuses to recognize a TUE granted
by a National Anti-Doping Organization only because medical tests or other information
required to demonstrate satisfaction of the Article 4.2 conditions are missing, the mattershould not be referred to WADA. Instead, the file should be completed and re-submitted to
the International Federation.]

8.5

Where a request for review is referred to the WADA TUEC, the WADA TUEC may seek
additional information from the Anti-Doping Organization and/or the Athlete, including further
studies as described in Article 6.7, and/or it may obtain the assistance of other medical orscientific experts as it deems appropriate.

8.6

WADA shall reverse any grant of a TUE that does not comply with the Article 4.1 and 4.2
conditions (as applicable). Where the TUE reversed was a prospective TUE (rather than aretroactive TUE), such reversal shall take effect upon the date specified by WADA (whichshall not be earlier than the date of WADA’s notification to the Athlete). The reversal shall not
apply retroactively and the Athlete’s results prior to such notification shall not be Disqualified.
Where the TUE reversed was a retroactive TUE, however, the reversal shall also be
retroactive.

8.7

WADA shall reverse any denial of a TUE where the TUE application met the Article 4.1 and
4.2 conditions (as applicable), i.e., it shall grant the TUE.

8.8

Where WADA reviews a decision of an International Federation that has been referred to it
pursuant to Code Article 4.4.3 (i.e., a mandatory review), it may require whichever AntiDoping Organization “loses” the review (i.e., the Anti-Doping Organization whose view it does
not uphold) (a) to reimburse the application fee to the party that referred the decision to
WADA (if applicable); and/or (b) to pay the costs incurred by WADA in respect of that review,to the extent they are not covered by the application fee.

8.9

Where WADA reverses a TUE decision that WADA has decided in its discretion to review,
WADA may require the Anti-Doping Organization that made the decision to pay the costs
incurred by WADA in respect of that review.

8.10 If applicable, WADA shall communicate the reasoned decision of the WADA TUEC promptly
to the Athlete and to their National Anti-Doping Organization and International Federation(and, if applicable, the Major Event Organization).

ISTUE – January 2023

Page 19 of 23

9.0

Confidentiality of Information
9.1

The Processing of Personal Information during the TUE process by Anti-Doping
Organizations shall comply with the International Standard for the Protection of Privacy andPersonal Information. Anti-Doping Organizations shall ensure that they have a valid legal
authority or basis for such Processing, in accordance with the International Standard for theProtection of Privacy and Personal Information and applicable laws.

9.2

Anti-Doping Organizations shall communicate in writing the following information to Athletes
as well as any other relevant information in accordance with Article 7.1 of the International
Standard for the Protection of Privacy and Personal Information in connection with an
Athlete’s application for the grant or recognition of a TUE:a) All information pertaining to the application will be transmitted to members of all TUECs
with authority under this International Standard to review the file and, as required, otherindependent medical or scientific experts, and to all necessary staff (including WADA
staff) involved in the management, review or appeal of TUE applications;b) The Athlete must authorize their physician(s) to release to any relevant TUEC uponrequest any health information that any such TUEC deems necessary in order to consider
and determine the Athlete’s application; andc) The decision on the application will be made available to all Anti-Doping Organizations
with Testing authority and/or Results Management authority over the Athlete.
[Comment to Article 9.2: Where Anti-Doping Organizations are relying upon the Athlete’s
consent to Process Personal Information in connection with the TUE process, the Athlete
applying for the grant or recognition of a TUE shall provide written and explicit consent to theforegoing.]

9.3

The TUE application shall be dealt with in accordance with the principles of strict medical
confidentiality. The members of all relevant TUECs, any consulted independent experts andthe relevant staff of the Anti-Doping Organization shall conduct all of their activities relating
to the process in strict confidence and shall sign appropriate confidentiality agreements. In
particular, they shall keep the following information confidential:a)All medical information provided by the Athlete and physician(s) involved in the Athlete’scare; andb)

All details of the application, including the name of the physician(s) involved in theprocess.

9.4

Should the Athlete wish to revoke the right of a TUEC to obtain any health information on
their behalf, the Athlete shall notify their physician in writing of such revocation; provided that,as a result of that revocation, the Athlete’s application for a TUE or for recognition of an
existing TUE will be deemed withdrawn without approval/recognition having been granted.

9.5

Anti-Doping Organizations shall only use information submitted by an Athlete in connection
with a TUE application to evaluate the application and in the context of potential anti-doping
rule violation investigations and proceedings.

ISTUE – January 2023

Page 20 of 23

ANNEX 1: CODE ARTICLE 4.4 FLOWCHART
1. TUE procedure if Athlete is not an International-Level Athlete when need for TUE arises

ISTUE – January 2023

Page 21 of 23

2. TUE procedure if Athlete is an International-Level Athlete (and so subject to the International
Federation's TUE requirements) when need for TUE arises

ISTUE – January 2023

Page 22 of 23

3. Athlete enters Event for which Major Event Organization (or "MEO") has its own TUE requirements

ISTUE – January 2023

Page 23 of 23