NBOME Irregular Conduct Lawyer – Board Representation
Posted October 23rd, 2026 by Dennis Abramson.
Categories: Uncategorized.
An osteopathic medical student or physician who receives notice of an irregular conduct investigation from the National Board of Osteopathic Medical Examiners (NBOME) faces a problem that may extend well beyond a COMLEX-USA examination. The investigation can delay the release of examination results, jeopardize eligibility for future examinations, and result in information being reported to a medical school, residency program, or licensing authority.
Our firm has successfully assisted clients in matters before the NBOME. These matters require careful attention to the particular allegations, the applicable examination rules, and the circumstances of the individual examinee. They also require prompt action. Under NBOME’s published policy, a candidate has only ten calendar days from the date of notification to submit a signed personal statement and supporting information.
What NBOME Considers Irregular Conduct
NBOME uses the term “irregular conduct” to describe a broad range of conduct involving the application, registration, and examination process. Its COMLEX-USA Bulletin of Information addresses conduct that compromises examination security or integrity, disrupts examination administration, or is otherwise deemed inappropriate by NBOME.
Examples include:
- Receiving or sharing unauthorized information concerning examination content.
- Possessing or having access to unauthorized devices, notes, or other materials.
- Communicating with others during an examination without authorization.
- Accessing a locker or personal belongings outside a scheduled break.
- Violating testing-center rules or security requirements.
- Providing false or misleading application information or documentation.
- Discussing or distributing examination content through social media, message boards, or other means.
An examinee may believe that an incident was an innocent mistake or that no unfair advantage was obtained. Those circumstances may be relevant to the response, but they do not necessarily resolve whether NBOME considers the conduct a violation of its rules.
The Bulletin also separately addresses “Other Unprofessional Conduct,” including inappropriate communications with testing personnel or NBOME staff. A dispute concerning scheduling, examination administration, or score reporting can therefore create an additional problem if the candidate’s response is itself considered unprofessional.
The Ten-Day Response Period
A candidate notified of an irregular conduct allegation or investigation has ten calendar days from the date of notification for NBOME to receive a signed personal statement explaining the candidate’s position, together with relevant supporting information.
The response deserves careful preparation. It should address the actual allegation, explain what occurred, and identify the information supporting the candidate’s account. A general denial may leave important questions unanswered. An explanation offered without reviewing the applicable rules may inadvertently concede more than the candidate intends.
The timing of the submission also matters. The Bulletin states that NBOME will make its determination after receiving the candidate’s statement and information or after the ten-day period expires, whichever occurs first. Candidates should not assume that an initial, incomplete response will necessarily be followed by another opportunity to supplement the record before a decision is made.
NBOME also requires candidates to cooperate fully with its investigations. Failure to cooperate can itself lead to sanctions, including loss of eligibility to take future COMLEX-USA examinations.
What Is at Stake
Under its Irregular Conduct policy, NBOME reserves broad discretion to impose consequences that may include:
- Voiding an examination or score, or declining to score an examination.
- Entering a failing result on the candidate’s examination record and transcript.
- Adding an irregular conduct notation to the candidate’s record and transcript.
- Withholding score reports or transcripts.
- Denying applications to take future NBOME examinations.
- Reporting the matter to a medical school, graduate medical education program, or licensing authority.
For conduct NBOME considers less severe, its policy also permits an “Other” notation. That remains a documented notation; it should not be confused with a determination that nothing occurred.
Even before a final determination, an investigation can interfere with a candidate’s progress. NBOME states that it will not release a score while the matter is under investigation. For a student or resident facing an examination deadline, that delay may create a separate issue with the school or training program.
Your Response May Become Part of a Permanent Record
The consequences are not limited to the sanction NBOME ultimately selects. The Bulletin provides that information concerning actual or alleged irregular conduct may become part of the candidate’s permanent record.
It also authorizes NBOME to disclose the candidate’s personal statement, other submitted information, and actions taken to medical schools, residency program directors, licensing authorities, and other recipients NBOME considers appropriate, without further notice or consent.
A response prepared for NBOME may therefore be read later by people making decisions about the candidate’s training or professional qualifications. The submission should be accurate, complete, and prepared with those potential consequences in mind.
Representation Before NBOME
Our office assists clients in evaluating NBOME inquiries, understanding the applicable policies, and preparing responses that address both the allegations and the individual circumstances. We advocate that no finding of irregular conduct be made or, where appropriate, that any consequence be proportionate and fair. We are also mindful of preserving the record for potential subsequent judicial review.
Our experience representing clients before NBOME builds upon our substantial experience counseling medical students, graduates, residents, fellows, and practicing physicians in examination, credentialing, and disciplinary matters. If you have received an NBOME notice or are concerned about a potential irregular conduct issue, obtaining advice early allows the response to be prepared with the attention these matters require.
For more than 15 years, Dennis L. Abramson has dedicated a significant portion of his practice to counseling and representing medical students and physicians in matters involving medical examinations, licensing, and professional credentials. If you need advice or representation concerning NBOME, COMLEX-USA, or an allegation of irregular conduct, please contact Mr. Abramson at 610-664-5700 or dabramson@theabramsonfirm.com
