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 test 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
challenge 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 professional staff, or other Prometric 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 Prometric or NBOME 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 NBOME against the candidate for
violation of copyright laws and/or other action by NBOME allowed by law.

Prior to taking the COMLEX-USA Level 2-PE examination, candidates must sign a Candidate
Agreement, which includes confidentiality obligations, and may be provided with further
examples of Irregular Conduct during the orientation. Behavior that may violate NBOME
policy or provide an advantage to one candidate over others may result in disqualification
from scoring (i.e., minimum note score).

A candidate who is notified that he or she has, 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 his or her position on the
claimed or possible Irregular Conduct, and any and all information known or available to the
candidate that he or she believes 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, NBOME will determine whether the candidate has engaged in Irregular Conduct and, if
so, what action 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 NBOME and the integrity of its examinations.

Decisions regarding Irregular Conduct are determined solely at the discretion of NBOME and
all such decisions of 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. 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, 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 NBOME in response to a candidate’s Irregular Conduct or behavior may become part of
the permanent record of the candidate maintained by NBOME and available to third parties.
Every candidate authorizes NBOME to release any or all of the candidate’s personal
statement or other information provided by the candidate and any action taken by 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 NBOME or required by law, without prior notice to
or the consent of the candidate.