iain higgins company lawyer, icc international sports medicine science & performance conference...

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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 …

Page 4: 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 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”

Page 8: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF

KEY OFFENCES UNDER THE WADA CODE

Page 9: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF

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

Page 10: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF

POTENTIAL SANCTIONS

Page 11: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF

MITIGATING SANCTIONS

Page 12: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF

DEGREE OF FAULT

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

Page 13: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF

CASE STUDIES

Page 14: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF

EXERCISING UTMOST CAUTION

Page 15: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF

THE FUTURE…

Page 16: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF

TEN TIPS FOR PHYSICIANS

Page 17: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF

TEN TIPS FOR PHYSICIANS…

Page 18: IAIN HIGGINS COMPANY LAWYER, ICC INTERNATIONAL SPORTS MEDICINE SCIENCE & PERFORMANCE CONFERENCE 20 & 21 JULY 2010, LEEDS THE ROLE AND RESPONSIBILITY OF

THANK YOU