Therapeutic Use Exemptions (TUEs)

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1.

What is a TUE?

2.

When should a Player apply for a TUE?

3.

What are the criteria for granting a TUE?

4.

What are the changes for 2012?

5.

Who has to apply for a TUE and where do they submit it?

6.

What is Mutual Recognition of TUEs?

7.

How do I know if my application has been approved?

8.

What if my TUE is denied?

9.

List of IRB Organised Matches and Tournaments that require a TUE application or copy of a TUE certificate to be sent to the IRB.

10.

Where can I find more information?

A TUE provides a Player with authorisation to use a Prohibited Substance or Method to treat a legitimate medical condition/illness whilst continuing to play Rugby. Players with a documented medical condition requiring the use of a Prohibited Substance or Method are required to obtain a Therapeutic Use Exemption (TUE). Without a TUE, Players risk committing an Anti-Doping Rule Violation, an offence that may result in a sanction regardless of the medical circumstances.

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1. When a Player is advised by their medical doctor / specialist that they require a Prohibited Substance to treat their medical condition / illness and has supporting medical evidence to prove this.
2. When a Player is administered a Prohibited Substance in a medical emergency. In this case the Player is required to apply retroactively for a TUE. Note that a Retroactive TUE will only be granted in emergency situations or in exceptional circumstances where there was insufficient time or opportunity for a Player to submit, or the TUE Committee to consider an application prior to Doping Control.
3. In addition to the circumstances outlined in (a) and (b) above a Player should only submit a TUE to either the IRB or their National Anti-Doping Organisation (NADO) when they meet the required criteria.

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A TUE will be granted only in strict accordance with the following criteria:

1. The player would experience significant health problems without taking the prohibited substance or method;
2. The therapeutic use of the substance would produce no additional enhancement of performance other than that which might be anticipated by a return to a state of normal health following the treatment of a legitimate medical condition; and
3. There is no reasonable therapeutic alternative to the use of the otherwise prohibited substance or method.

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Inhaled formoterol at therapeutic doses is no longer prohibited

meaning formoterol joins salbutamol and salmeterol on the list of inhaled beta-2-agonists that no longer require a TUE.

Notes:

1. The presence of salbutamol in urine in excess of 1000 ng/mL, or formoterol in excess of 30ng/mL will be presumed to be not intended for therapeutic use and considered an Adverse Analytical Finding.
2. The status of inhaled terbutaline remains unchanged and still requires a TUE to be submitted prior to use.
3. Glucocorticosteroids administered by oral, intravenous, intramuscular or rectal routes require a TUE.

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Players included in the IRB Registered Testing Pool or Testing Pool, or Players who participate in an International Match or Tournament directly organised by the IRB (Section 9) must obtain a TUE in advance of the administration of the Prohibited Substance or Method from the IRB TUEC. A Player may also provide a copy of any existing and valid TUE for review pursuant to IRB Regulation 21.5.10 - Mutual Recognition. See Section 6.

The IRB has also arranged with a number of NADOs to be responsible for all TUE applications from Rugby Players in their country. Players should check with their NADO to see if they fall under this arrangement.

Applications should be submitted at least 30 days prior to a Player’s participation in an International Match or Tournament organised by the IRB with the exception of medical emergencies which can be submitted within this period or retroactively.

The IRB TUE Application Form

can be downloaded from the IRB’s Anti-Doping website at

www.keeprugbyclean.com

(English | Français | Español)

and can be submitted by email to

tue@irb.com

or by fax to

+353 1 240 9289.

All other Players should consult the rules of their NADO with regard to the submission of TUEs within their own country.

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The IRB will recognise TUEs granted by other Anti-Doping Organisations under the mutual recognition provision of the WADA Code upon submission of a current and valid copy of the TUE application and certificate of approval subject to the approval of the IRB TUEC. The IRB TUEC has the right to review and appeal all TUE approvals submitted to the Board where approval has been granted by another Anti-Doping Organisation.

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The IRB TUEC or other TUEC will issue a Certificate of Approval to the Player via their Member Union which will be for the specified medication, the defined route of administration, dose and will outline the expiry date. Players must comply with all the treatment conditions outlined in their TUE Certificate of Approval and should reapply well in advance of their current TUE expiring.

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If a Player who is part of the IRB’s Registered Testing Pool or Testing Pool or who is due to participate in a Match or Tournament outlined below has a TUE application denied then they may appeal the decision of the IRB TUEC to WADA.

Any decision by WADA reversing the granting or denial of a TUE may be appealed exclusively to the Court of Arbitration for Sport (CAS) by the Player or the IRB.

Decisions by the IRB TUEC which are not reversed by WADA may be appealed by the Player to CAS.

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• All Rugby World Cup Qualification Matches and Rugby World Cup Finals
• IRB Junior World Championships
• IRB Junior World Rugby Trophy
• IRB Sevens World Series
• IRB Nations Cup
• IRB Pacific Rugby Cup
• IRB Pacific Nations Cup
• Americas Rugby Championships

For all other Rugby Matches or Tournaments, Players should submit their TUE application to their NADO.

If a Member Union does not have a NADO then the TUE application may be submitted to the IRB TUEC.

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A full copy of IRB Regulation 21 can be found in the Regulations section of the IRB Anti-Doping website at www.keeprugbyclean.com. The specific provisions relating to TUEs are located within section 21.5 along with Schedule 3a and 3b.

This is an educational guide. In the event of any inconsistency IRB Regulation 21 shall take precedence.

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