Amendments to Anti-Doping in Sports Act to match international standards

By JADE RUSSELL

Tribune Staff Reporter

jrussell@tribunemedia.net

REGULATIONS for athletes who want to use prohibited substances for therapeutic reasons are being tightened under a new amendment to the Anti-Doping in Sports Act.

The goal is to bring the law in line with international standards.

The Anti-Doping in Sports (Amendment) Bill 2023 changes several definitions concerning doping for sports people and support personnel, defining which organisations are involved, such as the World Anti-Doping Agency.

It also reinforces regulations on therapeutic uses for medicine and details the measures that athletes must take to ensure they meet international standards.

The bill says the Therapeutic Use Exemption (TUE) allows an athlete with a medical condition to use a prohibited substance or method only if the conditions set in the International Standard by the World Anti-Doping Agency are met.

If an athlete were granted a TUE by their national anti-doping organisation for the substance in question, and the exemption meets the criteria of the International Standard for exemptions, the International Federation is then required to recognise it.

The International Federation can also consider that the TUE doesn’t meet the criteria and refuse to recognise it. The federation must then notify the athlete and the athlete’s National Anti-Doping Organisation about the reason for refusal.

“Where the Athlete does not already have a Therapeutic Use Exemption granted by their National Anti-Doping Organisation for the substance or method in question, the athlete must apply directly to the athlete’s International Federation for a Therapeutic Use Exemption as soon as the need arises,” The Anti-Doping in Sports (Amendment) Bill says.

The bill adds: “Where the International Federation grants the athlete’s application, it must notify not only the Athlete but also the Athlete’s National Anti-Doping Organisation, and if the National Anti-Doping Organisation considers that the Therapeutic Use Exemption does not meet the criteria set out in the International Standard for Therapeutic Use Exemptions, it has twenty-one days from such notification to refer the matter to World Anti-Doping Agency for review.”

However, if the National Anti-Doping Organisation does not refer the matter to the World Anti-Doping Agency for review, the Therapeutic Use Exemption granted by the International Federation becomes valid for national-level Competition.

The bill also stated the consequences of anti-doping rule violations for athletes, including - disqualification, ineligibility, provisional suspension, financial consequences, and public disclosure.

Additionally, the bill defined tampering as “intentional conduct which subverts the doping control process.”

Tampering could be applicable if the athlete offers or accepts a bribe to perform or fails to perform an act, falsifies documents submitted to an anti-doping organisation or Therapeutic Use Exemption Committee or hearing panel, or any other similar intentional attempted interference with any aspect of doping control.

The amendment would prohibit the minister responsible for sports promotion and relations with sporting organisations from having any direct or indirect operational involvement in the management or operations of The Bahamas Anti-Doping Commission.

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