Nick Lembo, who is a commissioner in New Jersey, dealt with Marquardt back in March and explained the details from start to finish while a guest on Pro MMA Radio:
Pro MMA Radio: To take people back, Nate comes to you for a therapeutic use exemption (TUE) and the thereputic use exemption would allow him to test for certain banned substances etcetera and be excused for that. He's scheduled to fight Dan Miller in New Jersey at UFC 128 in March. When does he first approach you? Take me through that process. What does he supply you? Take me from there for starters.
Nick Lembo: The fight, I believe was March 19, 2011, and he approached us on February 11, that's when everything started ... He's providing medical documentation, medical records and medical advice records ... The first contact on this was from Nate directly and then the records were sent from Nate's doctor ... I know he wasn't a board certified endocrinologist, that I do know. That was one of the requirements that our reviewing physicians had.
Pro MMA Radio: He said that there were things in the paperwork that you guys weren't satisfied with. What was it with the paperwork that led you not to grant the TUE initially?
Nick Lembo: One of the things was that he did see a board certified endocrinologist and that he come off treatment for a minimum of two months and that we had more of a background and medical record at the time ... That's a medical requirement. It helps to ensure that there's an actual need for this treatment as opposed to other instances and situations where you can get your testosterone low and make it appear you need this therapy when you really don't.
Pro MMA Radio: You turned him down initially when you got the application. Take me through exactly what you did grant him to take for the fight with Dan Miller.
Nick Lembo: The first issue is that we decided at that point in time, it was February and we can't grant the TUE because we need more documentation. Nate could have pulled out of the fight or he could have agreed to testing from that point and testing after the fight and monitoring, which ceased on June 23rd from this commission, which was a four and a half month process. Nate agreed to this testing and requirements and he was pretty compliant up until the end and basically our first concern was, people asked, "Why would you let him fight Dan Miller if you weren't sure you were going to grant him a TUE?" Again, he's getting documents from a licensed medical physician and he's a good amount of medical documentation at the time and you can monitor this because one of the things he agreed to was to be subject to random blood testing twice at times and dates of our choice. Twice before the fight, on the night of the fight and twice immediately thereafter. We decided it was something we could tell if his levels were improper or performance enhancing or outside normal limits and he agreed to that testing and did undergo that testing and was okay with that testing. He was allowed to fight Dan Miller and his fight night and post-fight testing came back as acceptable levels and that's why his decision wasn't named to a no contest. Then we began the next step, which was getting him off and complying with the rest of the requirements.
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