OPINION: Level The Chemical Playing Field

Law360, New York (September 28, 2016, 5:42 PM EDT) -- The continuous stream of performance-enhancing doping news plaguing international sport was headlined recently with an acronym that will be new to probably well over 99 percent of the public: TUE — therapeutic use exemptions. Indeed, that newness illustrates the primary problem with TUEs: They are not at all transparent. Without transparency, it is impossible to analyze other likely ethical problems that TUEs raise.

The idea of a TUE is deceptively simple. An athlete with a medical condition requiring a drug on the World Anti-Doping Agency's list of prohibited substances may apply to that agency for permission to use that drug. What...

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