The Consequences of Irregular Behavior in USMLE and ECFMG Exams

One of the most critical exams you will take as a medical student are the three stages of the United States Medical Licensing Examination, or USMLE. These exams demonstrate your ability to apply concepts learned during medical school while evaluating patient-centered skills such as safe and effective care practices. The National Board of Medical Examiners and Federation of State Medical Boards administer these exams, and before an international student can take Step 3, they must obtain certification from the Educational Commission for Foreign Medical Graduates (ECFMG). Considering the amount of time and money invested in your career, facing disciplinary action due to irregular behavior during licensure exams can have significant impacts on your future medical career.

Understanding Irregular Behavior

Usually, students are notified by NBME or ECFMG regarding reports of irregular behavior. While you may think that these allegations do not hold any significance, it is crucial to challenge them actively, refute them clearly and request a hearing when necessary. Failing to submit a response would lead to allegations against you for committing an act equivalent to cheating. When found guilty by the boards, it will follow you on your transcript, significantly affecting matching with ideal residency programs. One must challenge this charge if they want to participate in a program that would significantly impact their future career as a physician after completing medical studies.

What Does Irregular Behaviour in USMLE And ECFMG Entail?
USMLE defines irregular behavior as misconduct consisting of several wrong conduct including: 
• Seeking unauthorized access or providing exam materials in person or online.
• Giving false information deliberately concerning application forms or scheduling permits.
• Attempting a test when ineligible.
• Impersonating another person during examination sessions.
• Providing assistance during an exam except for permitted acts.
• Making notes on secure testing areas irrelevant instructions provided expressly for this purpose.
• Exhibiting disruptive or unprofessional attitude towards test center staff or violent behavior.
• Possessing unauthorized materials, including photographic or communication devices like cellphones and fitness trackers in secure testing areas.
• Misrepresenting scored obtained after tests
• Refusal to cooperate with the boards investigation of potential rule violation.
If found liable for activities such as test material acquisition or sale of examination materials, registration and testing are often canceled. Similarly, USMLE score withholding or cancelation and other subsequent sanctions may apply.

Examples of Irregular Behavior

Some instances of irregular behaviors include attending a third-party preparation course utilizing real exam questions, talking during examinations, phone usage during exams in break periods, and applying for an exam after withdrawing from medical school. Some allegations that seem minor might have far-reaching impacts on your future. An attorney can make a great difference for those who face student disciplinary action.

What Action Should You Take?

When NBME or ECFMG reports irregular behavior concerns, certain steps must be taken to secure your future.

– Do not eliminate any material related to course prep, emails or text messages that could help you prove your case if you go through the hearing process with the defense attorneys guidance.
– Obtain copies linked to course prep. It is essential to have enough documents for review by an attorney concerning possible help in defending the case presented before you,
– Secure an experienced student defense attorney familiar with this type of discipline so they can walk you through available aggressive approaches without road-blocking your career.
– Get character evidence like achievement awards and reference letters used in your defense. They carry significance about what kind of individual you are to help lighten the consequences dealt before them by using an expert offense strategy 
– Request an in-person hearing while going through the materials available beforehand alongside your attorney.

What Are The Mistakes To Avoid?

It is possible to see some mistakes being made which would make NBME and ECFMG view it as irregular behaviour:

– Failure to take an action in response to the letter of concern amid fear and anxiety.
– Appearing before the committee without a defense lawyer by your side thinking that you can repent on your own. But, for such an important matter, it is wise to have legal representation.
– Going without representation resulting from not realizing how severe the situation is or representing oneself poorly may lead to heavy punishment results without engaging leading attorneys.

How Can You Prepare For The Hearing Before The Committee Meeting?

The hearing committee usually comprises medical professionals including doctors, professors, members of professional organizations among others. NBME/ECEMG hearings often occur at the National Board of Medical Examiners Building in Philadelphia. When preparing for the hearing with your attorney’s guidance, here are some guidelines: 

– Request complete copies of USMLE files which includes gathered pieces of evidence all in writing.
– All communication with NBME or ECFMG must be kept track of through documentation and physical recordkeeping to ensure accuracy in case of need for verification.
– Honor truthfulness and transparency devoid of dishonesty and lies under any circumstance
– Your written communication during this period acts as your launching point; hence it needs to sound professional with clarity
– Troubleshoot a statement that directly responds to allegations against you relying on counsel’s recommendations.

Facing disciplinary action due to irregular behavior during licensure exams could jeopardize opportunities ahead as a physician. Attorney Todd Spodek has close experience working with students returning an undesired outcome when facing student disciplinary action. Contact us today at 212-300-5196 if you’ve received a notice regarding suspicious irregular behavior in USMLE or ECFMG examinations to develop defense lines instantly