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Ready or Not, It’s Irregular Behavior Season Once Again…

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Every year, our firm receives calls from panicked medical students and residents about a recent letter they have received, alleging irregular behavior on standardized medical examinations.

This letter may come from the National Board of Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE), or the Educational Commission for Foreign Medical Graduates (ECFMG). No matter the organization, if you receive a letter alleging irregular behavior, it will typically say the following:

A bulletin or policy related to the exam stating that Irregular Behavior is not permitted.

The facts alleging irregular behavior in this case.

You have an opportunity to […]

By The Health Law Firm|2024-03-14T10:00:23-04:00August 29, 2018|The Health Law Firm Blog, Uncategorized|

Ready or Not, It’s Irregular Behavior Season…

By Lenis L. Archer, J.D., M.P.H., The Health Law Firm

Every year at regular intervals, our firm receives calls from panicked medical students and residents about a recent letter they have received, alleging irregular behavior.

This letter may come from the National Board of Medical Examiners (NBME), the United States Medical Licensing Examination (USMLE), or the Educational Commission for Foreign Medical Graduates (ECFMG). No matter the organization, if you receive a letter alleging irregular behavior, it will typically say the following:

1. A bulletin or policy related to the exam stating that Irregular Behavior is not permitted.
2. The facts alleging irregular behavior in this case.
3. You have an opportunity to respond […]

By The Health Law Firm|2024-03-14T10:00:59-04:00June 1, 2018|Medical Student, Medical Students, NBME, The Health Law Firm Blog, USMLE|

Tips for Medical Students and Medical Residents Accused of Irregular Behavior on the USMLE

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

We frequently receive calls for consultations from students who receive a letter from the National Board of Medical Examiners (NBME) accusing the medical student or medical resident of “Irregular Behavior” on the United States Medical Licensing Examination (USMLE). In many cases these are graduates of foreign medical schools who have applied through the Examination Committee for Foreign Medical Graduates (ECFMG).

Irregular behavior can consist of many different things before, during or after taking the USMLE. What you must know is that, in effect, you are being accused of cheating.

Examples of What […]

By The Health Law Firm|2024-03-14T10:00:46-04:00June 1, 2018|Administrative law, Medical Students, The Health Law Firm Blog, USMLE|

Medical Students and Residents Must Fight Allegations of “Irregular Behavior” on the USMLE Step Exams

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

I am constantly taking calls from medical students and residents (or future residents) relating to allegations brought against them of “irregular behavior” in connection with the United States Medical Licensing Examination (USMLE) exams. Although the term “irregular behavior” is equated by many with the word “cheating,” it is actually defined by the USMLE to mean:

Irregular behavior includes any action by applicants, examinees, potential applicants, or others when solicited by an applicant and/or examinee that subverts or attempts to subvert the examination process.

The notice that a person has been accused of irregular behavior may […]

By The Health Law Firm|2024-03-14T10:00:49-04:00June 1, 2018|Administrative law, Medical Students, NBME, The Health Law Firm Blog, USMLE|

Use Caution in USMLE Step Exam Preparation

By Catherine T. Hollis, J.D., The Health Law Firm and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The United States Medical Licensing Examination (USMLE) Bulletin of Information outlines several examples of conduct that is deemed to be irregular behavior. On February 27, 2014, the USMLE posted an Announcement listing the types of alleged irregular behavior recently reviewed by the Committee for Individualized Review (CIR). Some of the cases reviewed involved individuals who were accused of soliciting unauthorized access to examination materials or communicating about specific test items, cases, or answers with other examinees. This particular type of irregular behavior seems […]

By The Health Law Firm|2024-03-14T10:00:56-04:00June 1, 2018|Health Care Industry, In the Know, NBME, The Health Law Firm Blog, USMLE|

Accused of Irregular Behavior on the USMLE? Here’s What You Need to Know

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

At The Health Law Firm, we frequently receive calls for consultations from medical students and medical school graduates who receive a letter from the National Board of Medical Examiners (NBME), concerning the United States Medical Licensing Examination (USMLE). The letter may accuse the student or medical resident of “Irregular Behavior” concerning one or more of the USMLE Step examinations. In many cases, the person receiving the letter is a graduate of a foreign medical schools who have applied through the Educational Commission for Foreign Medical Graduates (ECFMG).

Irregular behavior can consist of many different actions taken by […]

By The Health Law Firm|2024-03-14T10:01:37-04:00May 15, 2018|Health Facilities Law Blog|

Going to Take the USMLE Step Exams? Beware of Actions That Can Be Called “Irregular Behavior”-Part 1

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

If you are a medical student in or coming to the United States, you are familiar with the United States Medical Licensing Examination (USMLE) Step examinations. Passing these examinations is required to become licensed in the U.S. and to matching for desired U.S. residency programs. For some foreign medical schools, passing the USMLE Step exams is required to actually graduate and received a medical degree.

This is Part 1 of a two part blog.

Violation of the Technicalities in the USMLE Handbook May Lead to a Charge of Irregular Behavior.

Although the Step examinations themselves are detailed […]

By The Health Law Firm|2024-03-14T10:01:48-04:00May 15, 2018|Medical Education Law Blog|

Going to Take the USMLE Step Exams? Beware of Actions That Can Be Called “Irregular Behavior”-Part 2 of 2

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

In Part 2 of this blog, I will continue to discuss the types of actions the USMLE considers to be “irregular behavior.” To read Part 1 of this blog, click here.

Specific examples of conduct that may be deemed to be irregular behavior include, but are not limited to the following (continued):

5. Seeking, providing, or obtaining unauthorized assistance during the examination or attempting to do so. This would include using radio devices to obtain information, using phones or watches to obtain information, bringing pieces of paper with you into the exam that have […]

By The Health Law Firm|2024-03-14T10:01:49-04:00May 15, 2018|Medical Education Law Blog|

Medical Students, Residents and Fellows Need to Properly Disclose Medical Disabilities in advance of problems

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

We are often retained to provide legal representation to medical school students, residents and fellows who run into difficulties and have disputes with their medical schools or programs. This may be after they are required to repeat a year, terminated from the program, or have other adverse action taken against them. When this occurs and we investigate the details, occasionally we find that the individual we are representing has a medical history of mental health issues that may have caused or contributed to the problems they are facing.

In many situations, the troubles that are faced could […]

By The Health Law Firm|2024-03-14T10:01:20-04:00May 15, 2018|Medical Education Law Blog|

Accused of Irregular Behavior on the USMLE? Here’s What You Need to Know

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

At The Health Law Firm, we frequently receive calls for consultations from medical students and medical school graduates who receive a letter from the National Board of Medical Examiners (NBME), concerning the United States Medical Licensing Examination (USMLE). The letter may accuse the student or medical resident of “Irregular Behavior” concerning one or more of the USMLE Step examinations. In many cases, the person receiving the letter is a graduate of a foreign medical schools who have applied through the Educational Commission for Foreign Medical Graduates […]

By The Health Law Firm|2024-03-14T10:01:21-04:00May 15, 2018|Medical Education Law Blog|