Regulation for testing pool athletes

Usually, NADA Germany processes TUE applications from athletes at national level, more specifically athletes who are member of a testing pool of NADA Germany (ATP, NTP, TTP) or player of high German leagues in some team sports. International athletes and athletes who are member of an international testing pool (RTP) should address their TUE application directly to their responsible international federation (IF).

Athletes who were already granted a TUE by NADA Germany and who want to participate in international competitions must have their TUEs approved by their respective IF. Depending on the IF, the process of approval can be handled differently. Some federations approve TUEs of NADA Germany automatically, others demand a comprehensive medical documentation in addition. Therefore, it might make sense to apply for a TUE directly to the IF, even if an athlete is not a member of an international testing pool, e.g. before international competitions.

If there is any uncertainty to which anti-doping organisation athletes should address their application, they can contact NADA Germany for help.

TUEs for substances that are prohibited at all times (in- and out-of-competition) and for prohibited methods should be submitted as soon as possible. For substances that are only prohibited in-competition, TUEs should be submitted at least thirty (30) days before the next competition.

After emergency treatment or in exceptional circumstances athletes can also apply for a TUE retroactively.

In exceptional circumstances (e.g. emergencies, acute treatment, short-term admission to a testing pool of NADA Germany), athletes can also apply for a TUE retroactively. That means that athletes apply for a TUE after they have used or have started to use the prohibited substance or method.

In principle, a TUE application always consists of the TUE application form and supplementary medical documents. NADA Germany requires the following documents/information for a complete TUE application:

• Completed TUE application form
• Current specialist medical report on the clinical picture with medical history, findings (e.g. laboratory results, imaging examinations), course of the disease since the initial diagnosis, current medication and possible duration of treatment
• Medical justification as to why no permitted alternatives can be used (e.g. insufficient effect, no permitted alternatives available)
• Medical report of the initial diagnosis
• Documentation of the course of the disease from the initial diagnosis to the present day

Older medical reports can also be submitted to describe the course of the disease. NADA Germany's application criteria for certain substances (see below) and WADA's TUE Physician Guidelines provide assistance here. Submitted applications will be reviewed by NADA Germany and any missing documents will be requested.

When the athlete has submitted all necessary documents, NADA Germany transmits the TUE-application to its Therapeutic Use Exemption Committee (TUEC). The TUEC consists of a number of independent physicians with different medical specialisations.

If the TUEC approves the TUE application, they will also determine the duration of validity of the TUE. Subsequently, the athlete will receive a TUE certificate from NADA Germany.

After the athlete has submitted all necessary documents, the members of the TUEC have up to 21 days to decide, according the current anti-doping regulations.

The use of prohibited substances or prohibited methods without a TUE can constitute an anti-doping rule violation. The submission of a TUE application does not automatically allow the use of a prohibited substance or prohibited method. The athlete should always wait for the decision of the TUEC.

NADA Germany would like to point out that the health of the athlete should always be the top priority. In cases in which an urgent medical treatment is necessary, athletes can also apply for a retroactive TUE. That means that athletes apply for a TUE after they have used or have started to use the prohibited substance or method.

TUEs from other national anti-doping organisations or TUEs from International Federations are valid at national level in Germany, too. Athletes who were granted a TUE by another anti-doping organisation and who are planning to participate in competitions in Germany should send a copy of their TUE approval to NADA Germany in advance.