Mr Lubomir Visnovsky is Slovakian Athlete competing in the Men’s Ice Hockey at the Vancouver 2010 Olympic Winter Games.
On 25 February 2010 the International Olympic Committee (IOC) has reported an anti-doping rule violation against the Athlete after his sample tested positive for the prohibited substance pseudoephedrine. After notification the Athlete filed a statement in his defence en was heard for the IOC Disciplinary Commission.
The Athlete explained that the Specified Substance entered his body because he had recently been taking an over-the-counter cold medicine called “Advil Cold & Sinus.” The purpose in taking Advil Cold & Sinus was to treat illness, and not to enhance his sport performance. The Athlete indicated that he specifically chose the Advil brand because he was told by training staff from both his National Hockey League team and Slovakian National team that it did not contain a prohibited performance enhancing substance. Also the Athlete openly and honestly mentioned the use of “Advil Cold” on the Doping Control Form. Finally, the Athlete pointed to the fact that when he was tested around lunchtime on 26 February 2010, that his test came back negative.
The Disciplinary Commission unanimously concluded that the Athlete had committed an anti-doping rule violation pursuant to Article 2.1 of the Code and Articles 2 and 12 of the Rules, in that there was the presence of the prohibited substance in his body, pseudoephedrine.
The Commission considered that the Athlete had not intention to enhance sport performance and the fact that WADA did not include pseudoephedrine when they first published their List in 2004, and only recently introduced pseudoephedrine to the 2010 List of prohibited substances as a Specified Substance.
Therefore the IOC Disciplinary Commission decides that:
1.) the Athlete, Lubomir Visnovsky, Slovakia, Ice Hockey, committed an anti-doping rule violation pursuant to Article 2.1 of the World Anti-Doping Code and Articles 2 and 12 of the IOC Anti-Doping Rules applicable to the XXI Olympic Winter Games in Vancouver, 2010;
2.) the Athlete is issued a reprimand;
3.) to recommend to the IOC Executive Board that it open a disciplinary procedure against Dr Dalimir Jancovic, the Slovak national team doctor;
4.) to forward this Decision to the International Ice Hockey Federation for any further action within its own competence, including with regard to Mr Ken Lowe, as it may deem appropriate; and
5.) this decision shall enter into force immediately.
