||06-30-2011 07:33 PM
While Nate Marquardt Awaits Clearance, UFC 128 Win Won't Be Overturned
Nate Marquardt will have to wait until after Independence Day to have his Pennsylvania state athletic commission suspension lifted. A spokesman from his Alchemist Management team told MMA Fighting that Marquardt's camp has been informed by the commission that "all of our paperwork and lab results are in order," and the team is hoping he will be removed from the suspension list around July 5 or 6.
Meanwhile, as other developments of Marquardt's hormone replacement therapy have come to light, additional related issues have been raised. Among them: if New Jersey denied Marquardt a testosterone usage exemption (TUE) and placed him on its suspension rolls following his March UFC 128 win over Dan Miller, couldn't the result of that fight be changed to a no contest?
According to New Jersey athletic control board legal counsel Nick Lembo, the answer is no.
As Lembo explained it, a TUE is a two-pronged process. First, the commission and its doctors must determine whether the treatment is a medical necessity, and second, the fighter must still test within normal testosterone ranges to qualify for competition.
Here's the tricky part. Determining medical necessity is a lengthy ordeal that can take months. By way of context, Marquardt first approached New Jersey officials about a TUE on Feb. 11, and he was still working with them on the process when his TUE was denied on June 23, a full four-and-a-half month stretch.
During that time, state commission doctors examined medical records, paperwork, check blood test results, and interacted with the athlete's doctors. Because that type of due diligence takes so much time, fighters are allowed to compete while undergoing the process as long as they can test in an acceptable range in the meantime.
New Jersey regulators gave Marquardt approval to fight, provided that he go through this entire lengthy process and that his testosterone levels remained within range. According to Lembo, j