Anti Doping Policy
ARTICLE 4 THE PROHIBITED LIST4.1 The Prohibited List
4.1.1 Prohibited Substances and Prohibited Methods
22.214.171.124 The Rules incorporate and are based upon the Prohibited List. A copy of the current version of the Prohibited List is set out at Appendix 2.
126.96.36.199 WADA may amend the Prohibited List as set out in Article 4.1 of the World Anti-Doping Code. Unless provided otherwise by WADA, amendments to the Prohibited List shall come into effect under the Rules automatically three months after publication of such amendments by WADA on its website, without requiring any further action by the BCCI.
188.8.131.52 It is the responsibility of each Cricketer and Cricketer Support Personnel to be familiar with the most current version of the Prohibited List.
4.1.2 Specified Substances
For purposes of the Rules, all Prohibited Substances shall be considered “Specified substances” except: (a) substances in the class of anabolic agents and hormones; and (b) those stimulants and hormone antagonists and modulators so identified on the Prohibited List. Prohibited Methods shall not be Specified Substances.
4.2 New Classes of Prohibited Substances
In the event WADA expands the Prohibited List by adding a new class of Prohibited Substances in accordance with Article 4.1 of the World Anti-Doping Code, WADA’sExecutive Committee shall determine whether any or all Prohibited Substances within the new class of Prohibited Substances shall be considered Specified Substances within the meaning of Article 4.1.2.
4.3 Criteria for Including Substances and Methods on the Prohibited List
4.3.1 The criteria for including substances and methods on the Prohibited List are set out in Article 4.3 of the World Anti-Doping Code. Such substances and methods may be included by general category (eg anabolic agents) or by specific reference to a particular substance or method. In accordance with Article 4.3.3 of the World Anti-DopingCode, WADA’s determination of the substances and methods that will be included on the Prohibited List, and its classification of substances into categories on the Prohibited List, shall be final and not be challenged by a Cricketer or other Person.
4.3.2 Many of the substances on the Prohibited List may appear either alone or as part of a mixture within medications and/or supplements that may be available with or without a physician’s prescription. Cricketers are reminded that, as set out in Article 2.1.1of the Rules, they are strictly liable for any Prohibited Substances present in Samples collected from them. Cricketers must ensure that Prohibited Substances do not enter or come to be present in their bodies and that Prohibited Methods are not Used.
4.4 Therapeutic Use Exemptions
4.4.1 Scope and Effect of TUEs
184.108.40.206 The BCCI may grant Cricketers permission to Use one or more Prohibited Substances or Prohibited Methods for therapeutic purposes in the circumstances set out in the International Standard for Therapeutic Use Exemptions. Where such permission (a Therapeutic Use Exemption, or “TUE”) has been granted, the presence in a Sample of a Prohibited Substance or its Metabolites or Markers(Article 2.1), Use or Attempted Use of a Prohibited Substance or aProhibited Method(Article 2.2), Possession of Prohibited Substances or Prohibited Methods(Article 2.6) or administration or Attempted administration of a Prohibited Substance or Prohibited Method (Article 2.8) shall not amount to an anti-doping rule violation if it is consistent with the provisions of the TUE.
220.127.116.11 Any TUE granted to a Cricketer by or on behalf of the ICCand/or their National Cricket Federation(including any TUE granted by the ICCprior to the Effective Date) will be recognised under the Rules in accordance with the terms of the grant. Otherwise, however, a Cricketer who is required by Article 18.104.22.168 or Article 22.214.171.124 to obtain a TUE must apply to the BCCI’s TUE Committee for a TUE in accordance with Article 4.4.2.
126.96.36.199 Subject only to Article 188.8.131.52 (which provides that a TUE granted by the ICC may be recognised under the Rules) and the International Standard for Therapeutic Use Exemptions (which identifies limited circumstances in which a TUE may be granted retrospectively), the following Cricketers must obtain a TUE in accordance with Article 4.4.2 prior to Use or Possession or administration of the Prohibited Substance or Prohibited Method in question:
(a) anyCricketer who has been designated for inclusion in the National Registered Testing Pool; and
(b) any other Cricketer specified from time to time by the BCCI.
184.108.40.206 If a Cricketerwho falls outside the scope of Article 220.127.116.11is tested at theinstance of the BCCI, and that Cricketer has been Using aProhibited Substance or Prohibited Method for which he/she would be entitled to a TUE, then he/she may make a retrospective application for a TUE to the TUE Committee no later than ten (10) working days after the date of the test; provided that:
(a) theTUE Committee may extend this deadline upon request by the Cricketer for good cause shown; and
(b) any such TUE application shall be resolved before any Adverse Analytical Finding or Atypical Finding relating to that Cricketer's Sample is referred to the Review Board under Article 7.2 or 7.3.
18.104.22.168 A Cricketer may not apply for a TUE to both the BCCI and the ICC. A Cricketer who applies to the ICC for a TUE shall report the outcome of the application immediately to the BCCI, by sending it copies of the application and the decision.
4.4.2 Grant of a TUE
22.214.171.124 A Cricketer requiring a TUE must apply to the TUE Committee in accordance with the TUE application process set out in the InternationalStandard for Therapeutic Use Exemptions.
126.96.36.199 Since Cricketers are subject to Out-of-Competition Testing at the instance of the BCCIall year round, the application must be made as soon as possible after the relevant diagnosis, and in any event no less than thirty (30) days before any Match in which the Cricketer wishes to participate.
188.8.131.52 TheTUE Committee will determine the TUE application in accordance with the criteria set out in the International Standard for Therapeutic Use Exemptions.
184.108.40.206 The TUE Committee will notify the Cricketer, the BCCI and the ICC in writing of the outcome of the Cricketer’s application for a TUE. Where the Cricketer is in the National Registered Testing Pool, a copy of the decision will also be sent to WADA. A TUE will be effective as of the date it is granted and will have a specified duration as decided on a case by case basis by the TUE Committee. It may also be granted subject to such conditions or restrictions as the TUE Committee sees fit.
220.127.116.11 The application will be processed as quickly as reasonably practicable, but a Cricketer may not assume that his/her application for a TUE (or for renewal of a TUE) will be granted by a particular time, or at all. Any Use or Possession or administration of a Prohibited Substance or Prohibited Method before an application has been granted shall be entirely at the Cricketer’s own risk.
4.4.3 Expirationor Cancellation of a TUE
18.104.22.168 A TUE granted pursuant to the Rules:
(a) shall expire automatically at the end of any term for which it was granted, without the need for any further notice or other formality;
(b) may be cancelled by the TUE Committee if the Cricketer does not promptly comply with any requirements or conditions imposed by the TUE Committee upon grant of the TUE; or
(c) may be withdrawn by the TUE Committee if it is subsequently determined that the criteria for grant of a TUE are not in fact met.
22.214.171.124 A Cricketer who has been granted a TUE and who wishes to continue to Use the Prohibited Substance or Prohibited Method in question after the term for which the TUE has been granted must apply prior to the end of the term for renewal of the TUE in accordance with Article 4.4.2.
126.96.36.199 Cancellation of a TUE pursuant to Article 188.8.131.52(b) or withdrawal of a TUE pursuant to Article 184.108.40.206(c) shall be made in writing and notified by the TUE Committee to the Cricketer with copies to the BCCI and the ICC.
220.127.116.11 In the event of an expiration, cancellation or withdrawal of the TUE pursuant to Article 18.104.22.168, the Cricketer shall not be subject to any Consequences based on his/her Use or Possession or administration of the Prohibited Substance or Prohibited Method in question in accordance with the TUE at any time prior to the effective date of expiry, cancellation or withdrawal of the TUE.
4.4.4 Reviewof Decision Granting or Denying TUE Application or Revoking or Withdrawing TUE
22.214.171.124 Where the TUE Committee denies a Cricketer’s application for a TUE, or revokes or withdraws a TUE previously granted, the Cricketer may appeal against that decision to the TUE Appeal Panel in accordance with Article 13.7 on the ground that the decision does not comply with the International Standard for Therapeutic Use Exemptions. The TUE Appeal Panel will have discretion to determine the procedure to be followed on appeal.
126.96.36.199 In accordance with Article 4.4 of the World Anti-Doping Code:
(a) if the appeal rights set out at Article 188.8.131.52 have been exhausted, then at the request of a Cricketer whose application for a TUE has been denied, WADA may reverse such denial if it determines that such denial did not comply with the International Standard for Therapeutic Use Exemptions, subject to the right of the BCCI to appeal to CAS against WADA's decision, in accordance with Article 13.7.3; and
(b) on its own initiative, WADA may at any time reverse any grant of a TUE if it determines that such grant did not comply with the International Standard for Therapeutic Use Exemptions, subject to the right of the CricketerandtheBCCI to appeal against WADA's decision, in accordance with Article 13.7.1.
184.108.40.206 Other appeal rights in relation to TUEs are set out at Article 13.7.
220.127.116.11 Until such time as the grant or denial of a TUE application made pursuant to the Rules has been reversed pursuant to Article 4.4.4. 1 or Article 18.104.22.168, such grant or denial shall remain in full force and effect.
For the avoidance of any doubt, all previously granted Abbreviated Therapeutic Use Exemptions (“ATUEs) that have not already expired or been cancelled shall be deemed to have expired on 31st December 2009.