NBOME
COMLEX-USA BULLETIN of INFORMATION 2018–2019

Adverse Testing Conditions

The following policies apply in the event any Adverse Testing Condition occurs or is alleged to
occur during the administration of any COMLEX-USA examination. An Adverse Testing
Condition (“Adverse Testing Condition”) is a situation that the NBOME determines, in its sole
discretion, is outside the control of the candidate and interrupts the normal administration of
the examination and substantially and negatively affects the candidate’s performance on the
examination. Examples include computer malfunctions, failures or interruptions resulting in
significant lost time or disruptions.

If Adverse Testing Conditions at a test center are universally adverse to all or most
candidates, as determined by the NBOME in its sole discretion, the NBOME may offer to all
candidates so affected an option to reschedule the examination for a mutually agreeable
future date without the candidate incurring any additional fee. For any rescheduling thereafter,
the candidate will be responsible for the associated fees. If the NBOME is unable to
reschedule the examination when this option is offered, then it is the responsibility of the
candidate to make the new test appointment for a mutually agreeable future date.

If the test center is closed because of an Adverse Testing Condition (except inclement
weather, other force majeure, or emergency evacuation as noted above), the candidate may
be eligible for reimbursement of travel and lodging expenses from the NBOME. The candidate
must apply to the NBOME for a refund in writing (including email) within 30 days following the
event, and must provide appropriate receipts and any additional information requested by the
NBOME to be considered for any reimbursement for such expenses.

If during an examination a candidate brings to the attention of the test center professional
staff any testing condition (e.g., program malfunction, interruption of examination, Adverse
Testing Condition) that he or she believes has or will substantially and adversely affect his or
her performance on the examination, and the condition is not resolved to the reasonable
satisfaction of the candidate at the test site, the candidate may either:

Continue Examination

After notifying the test center professional staff, the candidate
may elect to continue with the examination. In such a case, the following shall apply:

If the test center staff confirms with NBOME that the condition complained of is an
Adverse Testing Condition that did exist and the NBOME determines that it likely would
have substantially and adversely affected the candidate’s performance of the
examination, then and only then the candidate may reschedule the examination for a
mutually agreeable future date and will not be assessed any additional fee. The
examination score will be voided and not reported. See also “Required Notifications of
Adverse Testing Conditions” regarding appropriate notification.

If the test center staff does not confirm that the condition complained of existed, or that
it existed but did not or would not have substantially and adversely affected the
candidate’s performance on the examination, the examination will be scored.

OR

Withdraw from Examination

If after notifying the test center professional staff the
candidate chooses to withdraw from the examination due to an Adverse Testing Condition
before its completion, the following shall apply:

If the test center staff confirms with the NBOME that the condition complained of is an
Adverse Testing Condition did exist, and the NBOME determines that it would have
substantially and adversely affected the candidate’s performance of the examination, then
and only then the candidate may reschedule the examination for a mutually agreed future
date and will not be assessed any additional fee. The examination to the extent completed
may not be scored but the attempt may be annotated on the transcript as “Other.”

If the test center staff does not confirm that the condition complained of existed, or that
it existed but the NBOME determines that it would not have substantially and adversely
affected the candidate’s performance on the examination, NBOME may in its sole
discretion elect to score the examination or to not score the examination and permit the
candidate to retake the examination. The attempt may be annotated on the transcript as
“Other.” For the COMLEX-USA Level 2-PE, voluntary withdrawal from the examination
may result in a failing score report as detailed in “Required Notifications of Adverse
Testing Conditions.” In such a case for any COMLEX-USA examination, the candidate
may not reschedule to take the examination until 60 days after the date of the prior
examination, must pay a full examination fee, and may not elect to withdraw from any
future COMLEX-USA examination.

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