IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 &...

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Transcript of IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 &...

Page 1: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF.
Page 2: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF.

CONTEXT: RECENT NEWS STORIES…

Page 3: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF.

A SPORTS PHYSICIAN’S ROLE …

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A SPORTS PHYSICIAN’S ROLE …(cont)

Page 5: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF.

A SPORTS PHYSICIAN’S ROLE …(cont)

Page 6: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF.

THE RELEVANT RULES

• Primary source - WADA regulations

• Secondary sources – international federations; national federations; national anti-doping organisations

Page 7: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF.

“ATHLETE SUPPORT PERSONNEL”

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KEY OFFENCES UNDER THE WADA CODE

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THERAPEUTIC USE EXEMPTIONS (TUEs)

• WADA Code permits athletes to apply for Therapeutic Use Exemptions, ie permission to use prohibited substances or methods where documented medical conditions require such use

• Criteria:- Significant impairment to health if substance or method was withheld

- No additional performance enhancement effect other than by returning athlete to normal state of health following treatment of legitimate medial condition

- No reasonable therapeutic alternative to use of prohibited substance or method

- Necessity for use cannot be a consequence of the prior use without a TUE

• Cancellation / expiry

• Retroactivity where emergency or exceptional circumstances

• Application process

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POTENTIAL SANCTIONS

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MITIGATING SANCTIONS

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DEGREE OF FAULT

What about fault on the part of the physician?(See Edwards v IAAF and USATF – athletics)

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CASE STUDIES

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EXERCISING UTMOST CAUTION

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THE FUTURE…

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TEN TIPS FOR PHYSICIANS

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TEN TIPS FOR PHYSICIANS…

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THANK YOU