6. Analysis of samples
6. Analysis of samples
6. Analysis of samples
6. Analysis of samples
Samples shall be analysed in accordance with the following principles:
6.1 Use of Accredited, Approved Laboratories and other Laboratories
For the purposes of directly establishing an Adverse Analytical Finding under Rule 2.1, Samples shall be analysed only in WADA-accredited laboratories or laboratories otherwise approved by WADA. The choice of the WADA-accredited or WADA-approved laboratory used for the Sample analysis shall be determined exclusively by the Commission for Results Management. Laboratories shall analyse Samples and report results in conformity with the International Standard for Laboratories.
6.1.1 As provided in Rule 3.2, facts related to anti-doping rule violations may be established by any reliable means. This would include, for example, reliable laboratory or other forensic testing conducted outside of WADA-accredited or approved laboratories.
6.2 Purpose of Analysis of Samples and Data
Samples and related analytical data or Doping Control information shall be analysed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited List and other substances as may be directed by WADA pursuant to Article 4.5 of the Code or to assist an Anti- Doping Organisation in profiling relevant parameters in an Athlete’s urine, blood or other matrix, including for DNA or genomic profiling, or for any other legitimate anti-doping purpose.
6.3 Research on Samples and Data
Samples, related analytical data or Doping Control information may be used for anti-doping research, although, no Sample may be used for research without the Athlete’s written consent. Samples and related analytical data or Doping Control information used for research purposes shall first be processed in such a manner as to prevent Samples and related analytical data or Doping Control information being traced back to a particular Athlete. Any research involving Samples and related analytical data or Doping Control information traced shall adhere to the principles set out in Article 19 of the Code.
6.4 Standards for Sample Analysis and Reporting
Laboratories shall analyse Samples and report results in conformity with the International Standard for Laboratories.
6.4.1 Laboratories at their own initiative and expense may analyse Samples for Prohibited Substances or Prohibited Methods not included on the standard Sample analysis menu, or as requested by Anti-Doping Organisation that initiated and directed Sample collection. Results from any such analysis shall be reported to that Anti-Doping Organisation and have the same validity and Consequences as any other analytical result.
6.5 Further analysis of a Sample Prior to or During Results Management
There shall be no limitation on the authority of a laboratory to conduct repeat or additional analysis on a Sample prior to the time the Commission notifies an Athlete that the Sample is the basis for a Rule 2.1 anti-doping rule violation charge. If after such notification the Commission wishes to conduct additional analysis on the Sample, it may do so with the consent of the Athlete or approval from a hearing body.
6.6 Further Analysis of a Sample After it has been Reported as Negative or has Otherwise not Resulted in an Anti-Doping Rule Violation Charge.
After a laboratory has reported a Sample as negative, or the Sample has not otherwise resulted in an anti-doping rule violation charge, it may be stored and subjected to further analyses for the purposes of Rule 6.2 at any time exclusively at the direction of either the Commission or WADA. Any other Anti-Doping Organisation with authority to test the Athlete that wishes to conduct further analysis on a stored Sample may do so with the permission of the Commission or WADA, and shall be responsible for any follow-up Results Management. Any Sample storage or further analysis initiated by WADA or another Anti-Doping Organisation shall be at WADA’s or that other organisation’s expense. Further analysis of Samples shall conform with the requirements of the International Standard for Laboratories.
6.7 Split of A or B Sample
Where WADA, the Commission, other Anti-Doping Organisation with Results Management authority and/or a WADA-accredited laboratory (with approval from WADA or the Commission or other Anti- Doping Organisation with Results Management authority) wishes to split an A or B Sample for the purpose of using the first part of the split Sample for an A Sample analysis and the second part of the split Sample for confirmation, then the procedures set forth in the International Standard for Laboratories shall be followed.
6.8 WADA’s Right to Take Possession of Samples and Data
WADA may, in its sole discretion at any time, with or without prior notice, take physical possession of any Sample and related analytical data or information in the possession of a laboratory or the Commission. Upon request by WADA, the laboratory or the Commission in possession of the Sample or data shall immediately grant access to and enable WADA to take physical possession of the Sample or data. If WADA has not provided prior notice to the laboratory or the Commission before taking possession of a Sample or data, it shall provide such notice to the laboratory and the Commission or other Anti-Doping Organisation whose Samples or data have been taken by WADA within a reasonable time after taking possession. After analysis and any investigation of a seized Sample or data, WADA may direct another Anti-Doping Organisation with authority to test the Athlete to assume Results Management responsibility for the Sample or data if a potential anti-doping rule violation is discovered.
6.9 Obtaining information at Sample Collection
Where the Commission carries out or attempts to carry out Sample collection it will obtain all relevant information and complete all appropriate documentation to support any possible allegation that there has been a refusal to submit to Sample collection contrary to Rule 2.3 or any other anti-doping rule violation under Rules 2.1 to 2.11. Information obtained before, during, or after Sample collection and completed documentation will be forwarded to the Commission by the Doping Control Officer for further consideration and investigation by the Commission.
Footnotes
31 [Comment to Rule 6.1: For cost and geographic access reasons, WADA may approve laboratories which are not WADA-accredited to perform particular analyses, for example, analysis of blood which should be delivered from the collection site to the laboratory within a set deadline. Before approving any such laboratory, WADA will ensure it meets the high analytical and custodial standards required by WADA. Violations of Rule 2.1 may be established only by Sample analysis performed by a WADA accredited laboratory or another laboratory approved by WADA. Violations of other Rules may be established using analytical results from other laboratories so long as the results are reliable.]
32 [Comment to Rule 6.2: For example relevant profile information could be used to direct Target Testing or to support an anti-doping rule violation proceeding under Rule 2.2 or both.]
33 [Comment to Rule 6.3: As is the case in most medical or scientific contexts, use of Samples and related information for quality assurance, quality improvement, method improvement and development or to establish reference populations is not considered research. Samples and related information used for such permitted non-research purposes must also first be processed in such a manner as to prevent them from being traced back to the particular Athlete, having due regard to the principles set out in Article 19, as well as the requirements of the International Standard for Laboratories and International Standard for the Protection of Privacy and Personal Information.]
34 [Comment to Rule 6.4: The objective of this Rule is to extend the principle of “intelligent Testing” to the Sample analysis menu so as to most effectively and efficiently detect doping. It is recognised that the resources available to fight doping are limited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analysed.]
35 [Comment to Rule 6.8: Resistance or refusal to WADA taking physical possession of Samples could constitute Tampering, Complicity or an act of non-compliance as provided in the International Standard for Code Compliance by Signatories, and could also constitute a violation of the International Standard for Laboratories. Where necessary, the laboratory and/or the Commission shall assist WADA in ensuring that the seized Sample and related data are not delayed in exiting the applicable country. WADA would not, of course, unilaterally take possession of Samples or analytical data without good cause related to a potential anti- doping rule violation, non-compliance by a Signatory or doping activities by another Person. However, the decision as to whether good cause exists is for WADA to make in its discretion and shall not be subject to challenge. In particular, whether there is good cause or not shall not be a defence against an anti-doping rule violation or its Consequences.]