Convention against Doping in Sport Act 2013 · As enacted · Part II · Therapeutic Use Exemptions
6. Procedure for the grant of a TUE
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
The Sri Lanka Anti Doping Agency shall on receipt of an application for the grant of a TUE made by an athlete in terms of section 5, submit such application for review by the “Therapeutic Use Exemption Committee”
(hereinafter referred to as “the TUE Committee”), which shall be established and appointed by such Agency for such purpose.
The TUE Committee should comprise of not less than three members who shall be persons, having experience in clinical, sports and exercise medicine. The members should at the point of being appointed, disclose any conflict of interest which may exist. The Sri Lanka Anti-Doping Agency shall thereupon take steps to appoint another person in place of such member.
The TUE Committee shall recommend the grant of a
TUE to the Sri Lanka Anti-Doping Agency, only if,—
the athlete making the application would experience a severe impairment to health, if the prohibited substance or prohibited method were to be withheld in the process of treatment of an acute or chronic medical condition ;
it is established to the satisfaction of the Committee, by the athlete, that the use of the prohibited substance or prohibited method would produce no additional enhancement of performance other than that which might be expected by the return of by the athlete to a state of normal health following the treatment for a legitimate medical condition :
Provided that the use of any prohibited substance or prohibited method to increase “low normal”
levels of any endogenous hormone is not considered an acceptable therapeutic intervention ;
there is no reasonable therapeutic alternative for the athlete in the circumstances, other than the use of the prohibited substance or prohibited method ;
and
the necessity for the use of the otherwise prohibited substance or prohibited method, should in no event be a consequence, wholly or in part, of the prior use, without having obtained a TUE, of a substance or method which was at the time of use prohibited.
In arriving at its decision, the Committee shall be guided by the provisions in the International Standard for
Therapeutic Use Exemptions of the World Anti Doping
Agency (hereinafter referred to as “WADA”) as are embodied in the document titled “Medical information to Support the
Decisions of Therapeutic Use Exemption Committees” and the arguments related to the diagnosis and treatment as well as the duration of the validity of TUE’s.
Having considered the evidence and documents in support of the TUE, the TUE Committee shall forward to the
Sri Lanka Anti-Doping Agency its recommendation, either recommending the grant of, or refusing the grant of, the requested TUE. The TUE Committee shall set out in such recommendation, the reasons for its decision.
Part III
Establishment of the Sri Lanka Anti Doping Agency
Part IV
Disciplinary Procedure and Appeals Procedure in Relation to Anti-Doping Rule Violations
Part V
Finance
Part VI