ARTICLE 4 THE PROHIBITED LIST
4.1 The Prohibited List
4.1.1 Prohibited Substances and Prohibited Methods
188.8.131.52 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.
184.108.40.206 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.
220.127.116.11 It is the responsibility of each Cricketer and Cricketer Support Personto be familiar with the most current version of the Prohibited List.
4.1.2 Specified Substances
For purposes of the application of Article 10 of the World Anti-Doping Code and 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’s Executive 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 (e.g. 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,and the classification of a substance as prohibited at all times or In-Competition only, shall be final and not be challenged by a Cricketer or other Personbased on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport.
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. Further, the Prohibited List encompasses substances that are not mentioned by name on the Prohibited List but are instead incorporated into the Prohibited List by category and/or by reference to ‘substances with a similar chemical structure or similar biological effect(s)’. As a result, the fact that a particular substance does not appear by name on the Prohibited List does not mean that the substance is not a Prohibited Substance.It is the Cricketer’s responsibility to determine the status of the substance. In this regard, 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 therefore 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
18.104.22.168 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 itsMetabolites 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 provided that such presence, Use or Attempted Use, Possession, orAdministration or Attempted Administration is consistent with the provisions of the TUE granted to the Cricketer in accordance with the International Standard forTherapeutic Use Exemptions..
22.214.171.124 Subject only to 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.
126.96.36.199 A TUE may only be granted retroactively pursuant to the International Standard for TUEs in only three situations: (a) where emergency treatment or treatment of an acute medical condition was necessary; or (b) where due to other exceptional circumstances there was insufficient time or opportunity for the Player to submit the TUEapplication (or for the BCCI’s TUE Committee to consider that application) prior to the time the Player’s Sample was collected; or (c) where it is agreed by the BCCI or ICCorWADA that fairness requires the grant of a retroactive TUE.
188.8.131.52 If a Cricketerwho is not in the National Registered Testing Pool and has not otherwise been required to obtain aTUE is 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.
4.4.2 Grant of a TUE
184.108.40.206 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.
220.127.116.11 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 he/she needs the approval (for instance before his/her participation in any Match).
18.104.22.168 TheTUE Committee will determine the TUE application in accordance with the criteria set out in the International Standard for Therapeutic Use Exemptions.
22.214.171.124 The TUE Committee will notify the Cricketer, the BCCI and the ICC in writing of the grant or denial 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 shall specify the dosage(s), frequency, route and duration of Administration of the Prohibited Substance or Prohibited Method in question that the TUE Committee is permitting, reflecting the clinical circumstances. It may also be granted subject to such conditions or restrictions as the TUE Committee sees fit.
126.96.36.199 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.
188.8.131.52 Any TUE granted by the TUE Committee will be valid at national-level only. If a Cricketer subsequently becomes an International-Level Cricketer or competes in ICC Events, he/she must apply to the ICC for recognition of his/her TUE in accordance with the relevant procedure set out in the ICC Code.
4.4.3 Expirationor Cancellation of a TUE
184.108.40.206 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.
220.127.116.11 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.
18.104.22.168 Cancellation of a TUE pursuant to Article 22.214.171.124(b) or withdrawal of a TUE pursuant to Article 126.96.36.199(c) shall be made in writing and notified by the TUE Committee to the Cricketer with copies to the BCCI and the ICC.
188.8.131.52 In the event of an expiration, cancellation or withdrawal of the TUE pursuant to Article 184.108.40.206, the Cricketer shall not be subject to any Consequences based on his/her Use or Possession orAdministration 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 Review of Decision Granting or Denying TUE Application or Revoking or Withdrawing TUE
220.127.116.11 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.
18.104.22.168 In accordance with Article 4.4 of the World Anti-Doping Code:
(a) if the appeal rights set out at Article 22.214.171.124 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 Cricketerand theBCCI to appeal against WADA's decision, in accordance with Article 13.7.1.
126.96.36.199 Other appeal rights in relation to TUEs are set out at Article 13.7.
188.8.131.52 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 184.108.40.206, such grant or denial shall remain in full force and effect.