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Irregular Conduct

If the NBOME determines in its sole discretion that a candidate committed or contributed to any Irregular Conduct in connection with the application, registration or taking of an examination, the NBOME may in its sole discretion take one or more of the following actions:

The candidate shall fully cooperate with any NBOME investigation of any possible irregularities in examination administration, candidate behavior, breach of test security, or confidentiality. Failure to fully cooperate can result in sanctions, including examination failure, notation of irregular conduct, suspension of eligibility, or permanent loss of eligibility to take a future COMLEX-USA examination.

The term “Irregular Conduct” includes any behavior on the part of any candidate that violates the integrity or security of the examination, behavior that is disruptive to administration of the examination, or behavior deemed by the NBOME in its sole discretion to be inappropriate in connection with the application, registration, taking, administration, integrity, and security of any NBOME examination. Such behavior includes but is not limited to:

NOTE: Candidates are under both proctor and electronic surveillance during administration of the COMLEX-USA examinations at all test centers.

Any test center staff who suspects Irregular Conduct by a candidate during administration of the COMLEX-USA examinations will report that information to the NBOME. Also, candidates who directly observe Irregular Conduct must report such activity to the test center professional staff.

NBOME reviews all Irregular Conduct reports and may pursue any and all actions it deems appropriate for or in connection with any Irregular Conduct, including but not limited to any damages or losses incurred by NBOME, including its reasonable attorneys’ fees and costs, caused by the candidate’s Irregular Conduct, and injunctive or other equitable relief without bond or other security.

Copying, reproducing, verbally discussing, relaying, or recording test items or test content, in addition to violating security, may result in action by the NBOME against the candidate for violation of copyright laws and/or other action by the NBOME allowed by law.

A candidate who is notified that they have, or is believed to have been, engaged in Irregular Conduct, or is being investigated for alleged Irregular Conduct, will have 10 calendar days from the date of such notification to submit in writing, including email, and be received by the NBOME, a personal statement signed by the candidate of their position on the claimed or possible Irregular Conduct, and any and all information known or available to the candidate that they believe is relevant to the matter. After receipt of the candidate’s statement and any information, or the lapse of the 10-day response period, whichever is earlier, the NBOME will determine whether the candidate has engaged in Irregular Conduct and, if so, what action the NBOME will take. Notwithstanding the foregoing, the NBOME may in its sole discretion take any action it deems appropriate prior to the submittal of any statement by the candidate to protect the NBOME and the integrity of its examinations. Decisions regarding Irregular Conduct are determined solely at the discretion of the NBOME and all such decisions of the NBOME are final.

Due to the nature of the process involved in reports of Irregular Conduct of a candidate or investigation of such conduct or any complaint in connection with the administration of a COMLEX-USA examination, an investigation of any actual or suspected Irregular Conduct may delay the release of any score of a candidate. The NBOME will not release a score, if any, while the matter is under investigation. If a score release is expected to be significantly delayed because of an investigation for reasons of alleged Irregular Conduct, the NBOME will notify the candidate and give the reasons for the investigation.

Information relating to any Irregular Conduct or behavior of a candidate and any action taken by the NBOME in response to a candidate’s Irregular Conduct or behavior may become part of the permanent record of the candidate maintained by the NBOME and available to third parties. Every candidate authorizes the NBOME to release any or all of the candidate’s personal statement or other information provided by the candidate and any action taken by the NBOME relating to the candidate’s actual or alleged Irregular Conduct or behavior to the candidate’s medical school, residency program director, any licensing board, authority, or other person(s) or entity or entities deemed appropriate by the NBOME or required by law, without prior notice to or the consent of the candidate.


Bulletin of Information 2023-2024