Theodore's hair tonic causes positive test
The Montreal Canadiens announced Thursday that goaltender Jose Theodore tested positive for a substance on the WADA banned substance list.
Head Team Physician, Dr. David Mulder, discussed details of the test.
Theodore tested positive for the hair restoration drug, Propecia, which is not an anabolic steroid but does act as a masking agent. Mulder stated that Theodore has been using the product for "eight to nine years."
"He's been taking it on the advice of a dermatologist," Mulder told the assembled media. "And he has had very good success and he feels it has helped hair growth and prevented further loss and he has taken it with my knowledge."
Mulder went on to joke that Theodores' thick head of hair should be a good advertisement for Propecia's benefits.
Mulder went on to say that Propecia, on its own, does not have any performance-enhancing attributes; it simply grows hair. According to Mulder, Propecia will stay in one's system for more than 30 days.
"Jose was unaware, until recently, that Propecia was a banned substance," said Mulder.
''I always like my hair real long and I like to keep it long as long as possible,'' said Theodore, who served as backup in a 3-2 win over Buffalo Thursday as Cristobal Huet made his fifth consecutive start.
''I don't feel I have anything to hide,'' Theodore said. ''It's not something that I got on the black market. It was a prescription from the doctor for eight years, so I don't feel uncomfortable by anything.''
This type of issue is front and centre at the Olympics in Turin today.
U.S. skeleton racer Zach Lund of Salt Lake City, a potential gold medal favorite, was in an arbitration hearing today to determine his Olympic eligibility because of a failed test that turned up the same "masking agent" that is associated with hair loss products. Lund said the positive test was because he was taking the product for hair loss. A ruling on his eligibility for the Olympics is expected by the end of the week.
On Wednesday, Monaco bobsledder Sebastien Gattuso was suspended over a positive test for a hair-restoration drug banned because of its steroid-masking properties.
Monaco's anti-doping committee suspended Sebastien Gattuso for six months after he tested positive in October for finasteride.
Theodore, 29, has struggled this season, posting a 17-15-5 record with a 3.46 goals against average and .881 save percentage.
Mulder stated that Theodore's test was administered on December 12, 2005 and the results were revealed January 14, 2006.
Unlike the Bryan Berard situation – the American-born NHLer who last month received a two-year international hockey ban as a result of a positive test for an anabolic steroid – this case has yet to fully work its way through the procedural system and, in fact, Theodore has yet to have his appeal heard by an arbitrator.
Which is to suggest it's still an open file and, at this point, the final outcome of this case remains in doubt.
Sources in Turin tell TSN an arbitrator has been named to hear the appeal, but that no date has yet to be scheduled for that hearing, which will be heard by the Sport Dispute Resolution Centre of Canada. The arbitrator will hear the case and rule either in favor of the player or against him. If the ruling is favorable to the player, no announcement is forthcoming. If, however, the arbitrator's decision goes against the player's appeal, the Canadian Centre for Ethics in Sport will make the player's name public and announce the appropriate sanctions, which at worst includes a two-year ban on international hockey. None of the various governing bodies who preside over the broad spectrum of athlete testing and doping control are permitted to identify any player or athlete until such time the appeal process is completed and only if the athlete's appeal is rejected.
If the Berard case is any indication, even if Theodore were to be sanctioned internationally, it would have no impact on his NHL status as the NHL has decided pre-Olympic testing conducted prior to the Jan. 15, 2006, institution of the league's drug-testing program is not recognized as a violation of the league program.
This was made certain in a press release from NHL deputy commissioner Bill Daly.
"Today's announcement will not impact Jose Theodore's eligibility to play in the National Hockey League, regardless of the ultimate resolution of the ongoing appeal proceedings before the Canadian Centre for Ethics in Sports (the "CCES")," Daly said in the statement.
"Mr. Theodore also will not risk NHL sanctions as a result of any future positive test for this particular substance within the NHL/NHLPA Performance Enhancing Substances Program because he made a timely and proper application for a Therapeutic Use Exemption for his longstanding medically prescribed use of Propecia. The Program Committee for the NHL/NHLPA Program granted that application after concluding that there is no basis on which to question the appropriateness of Mr. Theodore's use of this widely-used hair restoration medication.
"NHL sanctions would not be applicable for Mr. Theodore's CCES test result for the additional reason that such test was administered during the player educational period mandated by the CBA and prior to the effectiveness of the NHL/NHLPA testing program."
NHLPA Executive Director Ted Saskin issued the following statement supporting Jose Theodore.
"It is very clear that Jose Theodore is taking Propecia for the sole purpose of treating hair loss. Since Propecia is a prescription product that is banned as a masking agent but can be approved in situations where it is prescribed for hair restoration purposes, players may apply for a Therapeutic Use Exemption (TUE).
"Prior to the NHL/NHLPA Performance Enhancing Substances Program commencing, Jose applied for a TUE in order to continue to use a medication that he has taken for many years, and the Program Committee approved this application. The NHLPA will fully support Jose as he goes through the necessary administrative process with the Sport Dispute Resolution Centre of Canada to clear up this matter."
To fully understand where this specific situation is at, one must have some understanding of the rules and procedure for the testing of Olympic athletes.
The CCES is the designated body in this country that carries out Olympic drug testing on behalf of the International Olympic Committee.
Once Hockey Canada named its 81-man Olympic eligibility list in the fall, any player on that list was eligible to be randomly tested by the CCES.
The CCES is entitled to collect a sample in the six months leading up to the Olympics. For players who were named to the final Olympic team roster, every one of them is tested prior to the Olympics. As for pre-Olympic testing, the sample is sent to an approved laboratory in Montreal, where the sample is analyzed for prohibited substances on the WADA list.
If a positive test occurs, termed an "adverse analytic finding (AAF)," the CCES swings into action. It contacts the player to inform him of the AAF, it contacts the governing body for the sport – in this case it's Hockey Canada – and the CCES immediately conducts an initial in-house review. The athlete is given an opportunity to explain himself and the CCES reviews all forms and information supplied at the time of testing.
One of the key elements of the testing protocol is a Therapeutic Use Exemption (TUE) form, which gives the athlete an opportunity prior to testing to list all drugs, medications and supplements that the athlete uses as part of treating medical or health issues. If the positive test, or AAF, is as a result of something on the TUE form, it allows the CCES to instantly see what may have caused the positive test. The CCES has an in-house tribunal which assesses these situations and has the power to either dismiss the positive test or proceed with discipline, depending upon what's listed on the TUE.
If, however, there is no TUE filed or the prohibited substance in question is not related to any items on the TUE, then the CCES moves to the next stage, which is to formally assert a violation and propose a penalty, which more often than not is a two-year ban from international competition, although it varies depending upon the severity of the violation.
At that point, the athlete has two options. Either waive the right to an appeal and accept the punishment or contest the CCES ruling by requesting an appeal.
If the appeal is requested, it is submitted to the Sport Dispute Resolution Centre of Canada (SDRCC), which appoints an independent arbitrator to hear the case. The athlete, as well as the athlete's governing body (in this case Hockey Canada), get standing in the appeal as does the CCES. The appeal is heard and the arbitrator must make a final and binding ruling within 20 days of the hearing.
If the athlete's appeal is ruled on favorably by the SDRCC arbitrator, the matter is closed and the athlete's name is never revealed. If, however, the arbitrator rules against the athlete's appeal, the CCES formally and publicly announces the violation and the sanctions.
There is one final avenue of appeal for the athlete and that is to appeal to the Court of Arbitration for Sport in Switzerland.
As for this specific case, sources say Theodore is currently waiting for a hearing with the SDRCC arbitrator.
