Sri Lanka Anti-doping Disciplinary Panel established in terms of section 23 (Act) of such assertion and request that a hearing be conducted by the Sri Lanka Anti-Doping Disciplinary Panel in accordance with such guidelines as shall be specified by rules.
The Minister shall appoint an Anti-Doping Appeal Panel (hereinafter referred to as the “Appeal Panel”) which shall consist of six members who have distinguished in the field of law and sports medicine to hear appeals in respect of matters arising from the violation of Anti-Doping Rules as may be prescribed.
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,—
(a)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 ;
(b) 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 ;
(c)there is no reasonable therapeutic alternative for the athlete in the circumstances, other than the use of the prohibited substance or prohibited method ; and
(d)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.
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.
