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BikeNZ v Amy Mosen


Anti-doping – Terbutaline – cyclist not aware needed to get Therapeutic Use Exemption (TUE) for asthma inhaler – While surprising defendant did not have a better knowledge of what was required, Tribunal accepted that in the circumstances she did not – defendant selected at short notice to represent NZ for first time, not a carded athlete, had not been on any drug testing programme, and had never been drug tested before – observations about obligations on National Sports Organisations to inform athletes about TUEs and anti-doping matters – Tribunal accepted defendant did not use terbutaline with intention of enhancing sports performance and that her failure to obtain TUE was due to inadvertence – minimum penalty of a warning and reprimand was appropriate.

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