USADA explains liberal policy for UFC TUEs

The US Anti-Doping Agency has come under fire in the MMA community for “catching” a number of fighters for non-PED infractions. BJ Penn took an IV, Nate Diaz vaped Cannabidiol, Diego Brandao smoked marijuana, Jon Jones took a tainted bootleg erectile drug, three fighters took Meldonium, and three fighters ate meat that was tainted with traces of Clenbuterol. But MMA was not suffering from a Cannabidiol, marijuana, generic boner pill, Meldonium, and Clenbuterol-tainted meat problem.

However, USADA is not reflexively hard-assed in all regards where fighters are concerned. For example, the USADA/UFC policy is more liberal than the standard USADA approach. Specifically, the process for applying for a Therapeutic Use Exemption in the UFC is notably easier than it is for other USADA regulated sports.

USADA general TUE policy

An application for a TUE will only be considered for retroactive approval where:
a. Emergency treatment or treatment of an acute medical condition was necessary; or
b. Due to other exceptional circumstances, there was insufficient time or opportunity for the Athlete to submit, or for the TUEC to consider, an application for the TUE prior to Sample collection; or
c. It is agreed, by WADA and by the Anti-Doping Organization to whom the application for a retroactive TUE is or would be made, that fairness requires the grant of a retroactive TUE.

USADA UFC TUE policy

USADA will consider late filed or applications for retroactive TUEs; however, the Athlete does so at his or her own risk as USADA makes no guarantee regarding the processing of a TUE under such circumstances. Furthermore, in such instances, the Athlete may be charged up to the full cost for processing the TUE application where such filing, in the determination of USADA, is not attributed to factors outside the Athlete’s control.

USADA will make best efforts to expedite late filed TUE requests in advance of the Athlete’s intended Use based on exceptional circumstances, but makes no guarantees regarding the processing of TUE applications under that timeframe.

Furthermore, applications for retroactive TUEs will only be considered where the Use of the Prohibited Substance or Prohibited Method is medically justified. Athletes are cautioned that the Use of a Prohibited Substance or Prohibited Method without prior TUE approval is at their own risk and that the only way to ensure such Use will not result in an anti-doping policy violation is by obtaining a TUE prior to the Use of any such substance or method.

In short, in the UFC, there is no punishment for applying for a TUE retroactively. USADA spokesman Ryan Madden explained why the standards differ.

It’s a little bit in the weeds, but on the Olympic side, there is less flexibility with the retroactive TUE application criteria because it was drafted with all 600-plus World Anti-Doping Code signatories in mind,” said Madden to Iain Kidd for BE. “However, under the rules, with a program like the UFC we can build in little more flexibility in regard to application criteria because we know for certain just how comprehensive our TUE review process is. It’s a logical step and it benefits both the athletes and the anti-doping program as a whole.

The most important thing to realize here is that any UFC athlete who applies for a retroactive TUE is still subject to the exact same TUE review process as everyone else. Most people probably don’t realize how genuinely comprehensive that process is. We’re talking about submitting extensive medical documentation and having it reviewed by an externalized committee of well-regarded medical experts from around the country. The burden that athletes have to meet in order to show that they are using certain substances for legitimate medical reasons is extremely high and goes far beyond just simply having a doctor’s note. You have to prove that there is a legitimate clinical need, that it is only being used to return the athlete to a normal state of health, and that there are no non-prohibited alternatives. These athletes are still being held to the highest standard.