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California State Athletic Commission’s new proposed testosterone regulations

By Zach Arnold | February 9, 2014

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On Monday in Los Angeles at CSAC’s meeting, they will be voting on Dr. VanBuren Ross Lemon’s new guidelines regarding Therapeutic Use Exemptions when it comes to fighters using testosterone. The juxtaposition of this proposal next to the statement from the Association of Ringside Physicians, which includes CSAC’s top two Southern California doctors (Dr. Paul Wallace & Dr. Eddie Ayoub) coming out against TUEs for testosterone in combat sports is quite interesting.

Here is the text of the new CSAC policy being voted on Monday. Here is the original document dump containing the new testosterone policy.

CALIFORNIA STATE ATHLETIC COMMISSION

Adopt Sections 424, 425 of Article 8 of Division 13.2 of Title 4 of the California Code of Regulations to read as follows:

ARTICLE 14. THERAPEUTIC USE EXEMPTION

§424. Requirements for Therapeutic Use Exemption (TUE)

(a) It is each athlete’s personal duty to ensure that no prohibited substance enters his or her body. Athletes are responsible for any Prohibited Substance or its Metabolites or Markers found to be present in their Samples. All athletes licensed by the commission may be required to submit to testing for prohibited substances at any time whether in or out of competition and whether or not they have a competition scheduled. Athletes with documented medical conditions requiring the use of a Prohibited Substance or a Prohibited Method in any event sanctioned by the commission or its authorized amateur sanctioning bodies shall request a Therapeutic Use Exemption (TUE) from the commission. The request shall be made by submitting to the commission an application for “Determination of Therapeutic Use Exemption” Form (form number) (New 12/2013).

(b) This Article shall apply equally to foreign and non-resident athletes who are licensed by the commission.

(c) “Prohibited substance” is defined as those substances specified in the Prohibited List of the World Anti-Doping Code, as promulgated by the World Anti-Doping Agency (WADA).

(d) The Prohibited List shall be the most current list of prohibited substances. A list of prohibited substances may be provided to an athlete with the application for a TUE.

(e) Athletes may apply to the commission for a TUE for any substance at any time. However, such applications must be complete and received by the commission at least twenty-one (21) days in advance of any use prohibited in sport. The time period required by this subdivision shall not apply to applicants applying for a retroactive approval.

(f) Applications for a TUE will not be considered for retroactive approval except in cases where:

(1) Emergency treatment or treatment of an acute medical condition was necessary, or

(2) Exceptional circumstances existed, sufficiency of which shall be determined at the sole discretion of the commission.

(g) Each of the following shall accompany the application for Determination of Therapeutic Use Exemption:

(1) Medical work-up, which shall include:

(2) A copy of the medical records in which the applicant’s medical condition is well documented, which must reflect that the condition existed prior to any test for a TUE was performed;

(3) Declaration under penalty of perjury of a board certified physician in the appropriate field of medicine, in good standing, attesting that he/she has read and understood the requirements for a Therapeutic Use Exemption and the most current Therapeutic Use Exemption Guidelines as published by WADA, examined the athlete, and the athlete qualifies for an exemption. The most current Therapeutic Use Exemption Guidelines, may be provided to an applicant with the application for TUE. An applicant for a TUE shall bear the sole responsibility of providing the guidelines to their evaluating physician.

(4) A copy of the medical records in which the applicant’s medical condition is well documented, which must reflect that the condition existed prior to the date any test for a TUE was performed;

(5) Diagnosis;

(6) Name of the prohibited substance(s);

(7) Dose to be taken;

(8) Method of administration;

(9) Duration of treatment;

(10) Name and contact details of the applicant’s treating physician.

(h) The applicant, at the applicant’s expense, shall promptly undergo any additional medical examination and testing requested by the commission, including, but not limited to, being examined and/or tested by one or more physicians designated at the sole discretion of the commission.

(i) The commission shall determine based upon the facts and circumstances of the case there is no reasonable suspicion to the satisfaction of the commission the applicant used the substance for the purpose of enhancing his or her athletic performance.

(j) If the athlete intends to compete further in any event or competition that may subject the athlete to drug testing by the commission, the athlete must apply for a separate TUE for any prohibited substance in advance of such event or competition in accordance with the provisions of this section.

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