NBME/USMLE Defense for Delaware Medical Students and Graduates

Delaware is among the many states with a physician shortage, making it a great state in which to begin a medical practice. To address the physician shortage, Delaware agencies fund the state's Health Care Provider Loan Repayment Program to encourage new physicians to settle in Delaware. The state's Atlantic seaboard environment, rich history, charming towns, and outstanding healthcare facilities add to your medical practice rewards. However, you must first resolve your NBME, USMLE, or other medical licensing exam issues to gain a Delaware Board of Medical Licensure and Discipline license. While the Board of Medical Licensure encourages your application, the Board will still require you to meet its medical licensing exam requirements. Call 888.535.3686 or use our contact form now to retain the Lento Law Firm's premier Student Defense Team for help addressing and resolving your NBME, USMLE, or other medical licensing exam issues. Don't let those issues destroy your enormous investment in Delaware medical practice. Our attorneys are available in Wilmington, Dover, Newark, Middletown, Bear, Glasgow, Brookside, Hockessin, Smyrna, Milford, Pine Creek Valley, Odessa, Claymont, North Star, and across the rest of Delaware for your strategic and effective representation before the Delaware Board of Medical Licensure and Discipline.

Delaware Medical Practice Support

Truly, you made a good decision when choosing Delaware as your new medical practice base. You not only have eager employers of physicians hoping to fill a physician shortage but also equally eager patients needing physician care and access. You also have Delaware's large, well-equipped, and sophisticated hospitals and healthcare facilities to support your practice. Those facilities include Wilmington's Nemours Children's Hospital and Saint Francis Hospital, Dover's Bayhealth Hospital - Kent Campus, Beebe Healthcare - Margaret Rollins Lewes Campus, Milford's Bayhealth Hospital - Sussex Campus, Seaford's TidalHealth Nanticoke, Middletown's Encompass Health Rehabilitation Hospital, and Newark's Christiana Hospital and Rockford Center. Healthcare and health-related education programs in Delaware, like the Delaware Institute of Medical Education and Research (DIMER), University of Delaware Division of Professional and Continuing Studies, and the Delaware Technical Community College, offer you opportunities for teaching and staff recruiting, with medical school programs nearby in Philadelphia for continuing education. Let us help you protect your substantial Delaware medical practice rewards against medical licensing exam issues.

Delaware Medical Licensing Authority

Section 1713 of Delaware's Medical Practice Act authorizes the Delaware Board of Medical Licensure and Discipline to license and regulate physicians in the state. Medical Practice Act Section 1720 expressly requires a physician wishing to practice in the state to first obtain a license from the Board of Medical Licensure. Medical Practice Act Section 1766 defines the unlicensed practice of medicine as a Class F felony crime punishable by up to three years imprisonment and a $5,000 fine. The state's attorney general enforces the criminal provision in the Delaware superior courts. You must not practice medicine without a license, or you may not only suffer a criminal conviction but also lose your opportunity to gain a medical license in the future in Delaware or another state or jurisdiction. Let us help you resolve your medical licensing exam issues so that you can move forward into Delaware medical practice under a permanent and secure medical license.

Delaware License Application Requirements

Delaware Medical Practice Act Section 1720 requires applicants for a medical license to apply to the Delaware Board of Medical Licensure. Your application must include sworn or affirmed statements that you have met or can meet the Act's licensing requirements. You must also execute authorizations permitting the Board to complete a criminal history background check and do other investigations of your educational qualifications, good character, and mental and physical fitness. The application, attestation, and documentation authorization requirements can be especially significant for a candidate with medical licensing exam issues. Board officials may construe any mistake or misrepresentation as to your exam status as an attempt to gain a license by fraud, resulting in the rejection of your application. Let us help you ensure that your license application accurately reflects the status of your licensing exam issues. We can also help explain to board officials what we are doing for you to promptly address and correct those issues.

Delaware Medical Licensure Requirements

Delaware Medical Practice Act Section 1720 states the general requirements for medical licensure. Those requirements include a working ability to communicate in English, a medical degree from an approved program, completion of a post-graduate internship or training program, and passing an approved medical licensing exam. The applicant must also attest that the applicant is physically and mentally fit to practice medicine, has not committed a disqualifying crime, has been disciplined in another jurisdiction, illegally sold narcotics, breached patient confidences, or committed other professional misconduct. Delaware Medical Practice Act Section 1731 defines professional misconduct with a long list of wrongs including credential fraud, crime related to practice, defrauding the public, unethical advertising, incompetence, gross negligence, and illicit distribution of drugs. Let our attorneys help if you face other licensing issues outside of your medical licensing exam issues. You must meet all Delaware Board of Medical Licensure requirements to obtain your license.

Delaware Medical Licensing Exam Requirements

Delaware Medical Practice Act Section 1720 requires that you pass a medical licensing exam without stating what exam you must take. Section 1720 instead refers to Section 1721, which reiterates that you must pass a medical licensing exam that the Board of Medical Licensure has approved by the rule. Like Section 1720, Section 1721 does not state which exams qualify. Instead, Delaware Board of Medical Licensure Rule 3.0 details the qualifying exams including both the FLEX and NBME/USMLE. Rule 3.0 also permits combinations of those exams. Rule 3.0 further limits attempts to six tries on each step of the exam. Delaware's six-attempts limit is higher than the USMLE's own four attempts limit Rule 3.0, which leaves a narrow implication that the Board may approve additional retake attempts or practical experience in lieu of examination. Let us help you address whether your medical licensing exam pathway can satisfy these Delaware Board of Medical Licensure requirements or whether we can obtain special relief for you.

Delaware Medical Licensing Exam Issues

You can see from the above that Delaware's Medical Practice Act licensing provisions and Delaware Board of Medical Licensure administrative rules place a heavy burden on the applicant for a medical license to show good character, fitness, and qualifications in several areas. Our attorneys respect and understand your frustration seeing medical licensing exam issues hold up your license application's approval when you have done so many other things to qualify. However, our attorneys know the rules, policies, and procedures to follow to resolve NBME/USMLE or FLEX issues, as the following discussion shows. Don't ignore or minimize your medical licensing issues, and don't retain an unqualified local attorney. Let our skilled and experienced attorneys help resolve those issues. Our substantial experience shows that NBME/USMLE or FLEX issues tend to arise around these issues, each treated in the following sections:

• attempting to qualify for the exam;
• attempting to pass each exam step within attempt limits;
• defending and defeating exam cheating charges;
• suffering anomalous exam performance disqualification;
• suffering invalidated exam score disqualification; or
• having extenuating circumstances ruin an exam attempt.

Delaware Licensing Exam Qualification Issues

USMLE officials generally follow a rigorous application and qualification process to approve applicants to take the step exams. The exam qualification process tracks the Delaware Board of Medical Licensure application process. Your USMLE application may have to show that you are at the appropriate stage of your medical school education or graduation to qualify for the next step exam, as well as things like your photographic identification, background check, and professionalism. You may have to coordinate your license application with your exam application, showing USMLE officials to which state medical board you have applied. The USMLE's Bulletin of Information lists USMLE exam qualification requirements. Be careful, complete, consistent, and precise when completing your USMLE exam application. USMLE officials may construe errors, inconsistencies, or misleading omissions as credential fraud, denying your application for misconduct. Watch for these common issues when trying to qualify for USMLE step exams:

• application statements contradicting one another or inconsistent with submitted documentation;
• incomplete, out of date, inaccurate, unverified, uncertified, or unauthenticated documentation;
• medical school failure to academically progress, lack of good standing, or misconduct discipline;
• medical school academic progress issues or disciplinary charges still unresolved;
• medical school accreditation loss or issues during your enrollment;
• medical residency program termination, nonrenewal, or unprofessionalism;
• disqualifying criminal conviction or domestic violence restraining order;
• mental impairment, physical impairment, or substance abuse, dependency, or addiction;
• photographic identification inconsistent with other identifying information; or
• inadequate documentation of citizenship or lawful immigration status.

How We Address Exam Qualification Issues:

If your issues qualifying for the USMLE involve documentation problems, then our attorneys can go to work on your behalf, gaining the attention, respect, and action of the appropriate recordkeepers. We know how to deal firmly but diplomatically with medical school registrars, medical residency program directors, court clerks, and other recordkeepers to gain swift corrective action. Our appearance as attorneys on your behalf and our national reputation and relationships aid in documentation efforts. If instead your issue qualifying for the USMLE has to do with unresolved medical school or residency issues, then we can invoke the appropriate procedures and make the necessary presentations to resolve those issues and get the updated documentation your exam application needs. We can also keep Delaware Board of Medical Licensure officials informed while updating your license application.

Delaware Medical Licensing Exam Attempt Limits

Passing the USMLE or FLEX is up to you and the abundant study resources you have available to you. But we may be able to help if you run out of exam attempts. Medical students and graduates act strategically when they attempt step exams without thorough preparation. A preliminary attempt may prove that you can pass the exam without over-preparing, thus saving time for other studies or duties. But exhausting exam attempts can be a harrowing experience, as the pressure mounts with each attempt to pass. Fortunately, the six attempts per step exam limit of Delaware Board of Medical Licensure Rule 3.0 is higher than the USMLE's own four attempts limit. You need only deal with the USMLE's four attempts limit, after which USMLE officials may disqualify you from further attempts at the exam. USMLE disqualification may trigger a notice to the Delaware Board of Medical Licensure, resulting in license denial.

How We Address Exam Attempt Limits:

Exhausting USMLE four attempt limits is not the end of the world.. Our attorneys can help you invoke the USMLE extenuating circumstances policy if you experience a qualifying emergency. The USMLE extenuating circumstances policy permits an extra retake if an emergency like an accident, illness, or injury caused you to miss a scheduled exam counting against your limit or if your emergency kept you from completing an exam that you began. We can help you document your emergency and advocate for the extra attempt, but you must act quickly to retain us so that USMLE officials get prompt notice of the emergency. If we cannot get you an extra attempt under the USMLE policy, then we may be able to get you extra attempts up to the Delaware six attempts limit because of your license application in a state permitting those extra attempts.

Delaware Licensing Exam Irregular Behavior Issues

USMLE examinees can also face cheating charges. USMLE administrators generally rely on test center staff members and proctors to administer the exam, including to watch for suspected cheating. Your cheating allegations may come from an exam proctor. However, USMLE rules also require examinees to report suspected cheating. So you may face allegations that came from another examinee who believes that they saw you, or another student whom they misidentified as you, doing something suspicious. USMLE officials address reports of suspected cheating under an irregular behavior policy. The irregular behavior policy appears in the USMLE Bulletin of Information. The Bulletin of Information gives many illustrations of cheating including:

• disrupting an exam by harassing, offending, disobeying, or interfering with test center staff members or exam proctors;
• trying to have an impostor take your exam for you or trying to take an exam as an impostor for someone else;
• working with another examinee to share exam answers during the exam;
• bringing unauthorized materials or devices into the exam room for use during the exam;
• removing confidential exam materials out of the exam room for sale or other distribution after the exam;
• refusing to assist in a USMLE investigation of cheating or obstructing a cheating investigation;
• false claiming that you passed an exam that you failed or are qualified for a retake when you are not qualified; or
• attempting to register for a scheduled exam after your exam disqualification.

How We Address Irregular Behavior Charges:

Our attorneys can assist you in defending USMLE cheating charges. The USMLE Office of the Secretariat maintains an adjudication process that we can invoke, enabling us to present your defense to an independent official or panel. Your affidavit or testimony, your documentation, the documentation we secure from USMLE officials, and forensic analysis that our consultants perform may show credible evidence that you did not cheat, that no cheating occurred, or that others cheated and witnesses misidentified you. Evidence of your good character and strong exam skills may further bolster your defense against cheating charges. We can also communicate with the Delaware Board of Medical Licensure to ensure that its officials are aware of our diligent efforts on your behalf and our likelihood of success.

Delaware Anomalous Exam Performance Issues

If you score very low on the USMLE, you may face a notice of disqualification under the USMLE's anomalous performance policy. USMLE officials may construe a very low score to mean that you don't have the medical education to qualify for the exam. Alternatively, USMLE officials may construe your apparent lack of effort on the exam, such as by not answering many questions or marking all the same answer in a false attempt, as evidence that you took the exam for an ulterior purpose. Exam officials may suspect that you were assisting another examinee or copying or memorizing exam questions for distribution. Notice of disqualification for anomalous performance may trigger a notice to the Delaware Board of Medical Licensure and denial of your license application.

How We Address Anomalous Exam Performance:

Without a formal adjudication process for anomalous performance disqualification, our attorneys will open informal channels of communication with USMLE officials to sensitively inform USMLE officials of the reasons for your anomalous performance, provided that you have good reasons. You may, for instance, have suffered a sudden illness, mental condition, or event keeping you from making an earnest effort to pass. Or you may have mismarked your answers or mistakenly skipped parts of the exam. We may also be able to show convincing evidence of your high MCAT and medical school exam scores to overcome any implication of a lack of qualifying education. We can also keep the Delaware Board of Medical Licensure informed of our efforts on your behalf.

Delaware Invalidated Exam Score Issues

A very high exam score could also raise issues for you with USMLE officials. USMLE officials apply an invalidated score policy when analysis of an examinee's performance shows a score so high or an answer pattern so unusual and perfect as to indicate prior access to exam questions or another form of exam cheating. A high score alone doesn't necessarily mean cheating, but USMLE officials won't let an extraordinarily high score with an unusual answer pattern pass. The invalidated score policy means USMLE officials will not release your score and will instead disqualify you from further attempts, leading to notice to the Delaware Board of Medical Licensure and license denial.

How We Address Invalidated Exam Scores:

Without a formal adjudication process to pursue, our attorneys will open informal communications with USMLE officials to justify your very high score, if possible, with your very high MCAT score, medical school exam scores, and earlier step exam scores. We may also be able to present evidence of your good moral character and attestations from your medical school professors of your very strong academic skills. We may not be able to gain release of your very high score but may be able to requalify you for the exam so that you can still pass. We would also inform the Delaware Board of Medical Licensure of the likelihood of success of our efforts.

Delaware Medical Board Response to Exam Issues

You have seen above our assurances that we would inform the Delaware Board of Medical Licensure of our progress in resolving your USMLE or other medical licensing exam issues. Those assurances are generally necessary because Board officials may otherwise routinely process your application and reject it for being incomplete. Board officials owe applicants a duty to act on their application. Unless the Board has our explanation, its officials may fail or refuse to keep your license application open while we address and resolve your exam issues. If the Board rejects your application and you have to start over with a new application once we resolve your exam issues, starting over could cost you months or even a year or more, further delaying your medical practice and potentially costing your jobs or other opportunities.

Delaware Administrative Review Procedures

If the Delaware Board of Medical Licensure rejects your application and closes your file prematurely, retain us to advocate with the Board to reopen your file. We can invoke the available administrative procedures to challenge a premature rejection of your application, showing that we have resolved or will soon resolve your medical licensing exam issues.

Premier Delaware Medical Licensing Exam Defense

The Lento Law Firm's premier Student Defense Team is available across Delaware to address and resolve your USMLE medical licensing exam issues. Let us help you promptly qualify for a Delaware Board of Medical Examiners license. Our attorneys have represented hundreds of students and graduates across Delaware and nationwide, successfully resolving their professional licensing issues and related school issues. Call 888.535.3686 or use our contact form now to retain our skilled and experienced attorneys.