Montana can make a fantastic place for a thriving medical practice. Not only do you have the state's gorgeous mountain scenery and active outdoor lifestyle, but also a friendly population, a diverse and strong enough economy, and good housing and schools. Montana also has a doctor shortage due to a growing population and aging provider base. The Montana Rural Physician Incentive Program adds to your reasons for seeking a Montana Board of Medical Examiners license. The Board of Medical Examiners welcomes your license application. Don't let NBME, USMLE, or FLEX licensing exam issues slow or frustrate your Montana medical licensure and practice. You've invested far too much to lose your practice opportunity now. Call 888.535.3686 or use our contact form now to retain the Lento Law Firm's premier Student Defense Team for our skilled and effective representation. Our attorneys are available in Billings, Missoula, Great Falls, Bozeman, Butte, Silver Bow, Helena, Kalispell, Belgrade, Anaconda, Helena Valley, Havre, Whitefish, Livingston, and across the rest of Montana for the best outcome for your medical licensing exam issues.
Montana Medical Practice Rewards
Montana's beautiful mountain scenery isn't all that the state has to offer you in a thriving medical practice. Montana also has the strong healthcare system and outstanding medical care facilities that a thriving practice needs. Montana's leading hospitals and healthcare facilities include Kalispell's Logan Health Medical Center, Billings' St. Vincent Healthcare, Benefits Hospital-East Campus in Great Falls, Missoula's Providence St. Patrick Hospital, the Billings Clinic Hospital, Bozeman Health Deaconess Regional Medical Center, Helena's St. Peters Health Regional Medical Center, and Missoula's Community Medical Center. Healthcare education programs in the state, including the University of Montana School of Medicine, Montana State University College of Nursing, Montana State University Billings Health Sciences Programs, Montana Technological University (Montana Tech) Pre-Health Program, and University of Montana-Western Health Sciences Program, offer teaching, research, continuing education, and networking opportunities. The opportunities for and rewards of a Montana medical practice are abundant. Let us help you resolve your medical licensing issues so that you can get started.
Montana Medical Licensing Authority
You must deal effectively with the Montana Board of Medical Examiners to resolve your licensing exam issues if you are going to practice medicine in the state. Montana Code Section 37-3-203 gives the Montana Board of Medical Examiners the power and duty to license physicians for practice in the state. Montana Code Section 37-3-301 requires that you have a Montana Board of Medical Examiners license before practicing medicine in the state. Under Montana Code Section 37-1-317, practicing medicine without a license is a misdemeanor crime subject to up to a year in jail and a $1,000 fine. The same statute authorizes the Board of Medical Examiners to get an injunction against your unlicensed practice, enforceable with contempt sanctions. Montana Code Section 37-3-321 permits the Board of Medical Examiners to refuse you a license if you have failed to meet qualification requirements or if you have committed professional misconduct. Montana Code Section 37-3-324 permits the Board of Medical Examiners to reconsider its decision to grant or refuse you a license. You must deal with the Board to resolve your NBME/USMLE issues. We can help you do so.
Montana License Application Requirements
Montana Code Section 37-3-309 requires that you apply to the Montana State Board of Medical Examiners on the Board's approved forms. The statute specifically states that you must include all documents, attestations, fees, and certificates that the Board requires to prove your qualifications. The statute further states that you have the burden of proof as to those qualifications, meaning you can't sit back and let the Board do the work to qualify you. Montana Code Section 37-3-312 requires the Board of Medical Examiners to issue you a license once you show by application that you meet all licensing requirements. Take care, though, in how you disclose your NBME, USMLE, or other licensing exam issues on your Board of Medical Examiners application. The Board may construe the misrepresentation of your licensing exam status as credential fraud and deny you a license. Let us help you review and update your application with accurate information on your licensing exam issue to avoid credential fraud charges.
Montana Medical Licensure General Requirements
Montana Code Section 37-3-305 sets forth the general requirements for medical licensure in the state. Those requirements include proof of your good moral character and ability to communicate in English, that you graduated from an approved medical school, that you completed the required medical residency, and that you passed an approved medical licensing exam. Montana Code Section 37-1-137 also makes your violation of any of the Board of Medical Examiners' professional conduct rules grounds to deny you a license. Montana Board of Medical Examiners Administrative Rule 24-156-625 lists dozens of forms of professional misconduct, each a ground on which to deny you a license. Fraud in procuring your license is one of those grounds. Other grounds include habitual intemperance, deceiving patients or the public, breaching patient confidence, a conviction for a crime of moral turpitude, or disciplinary action by another state medical board. Expect to authorize a criminal background check. Let us help you resolve any issues you face with these general licensure requirements.
Montana Medical Licensing Exam Requirements
Montana Code Section 37-3-305 also lists the approved medical licensing exams. Those exams include the NBME, USMLE, FLEX, and NBOME exams, the MCCQE for Canadian medical school graduates, and the ECFMG for foreign medical school graduates. The statute also implies that the Montana Board of Medical Examiners may approve other licensing exams. Montana Board of Medical Examiners Administrative Rule 24.156.606 reiterates that the NBME, USMLE, and FLEX exams are approved exams for licensure. Rule 24.156.606 also refers to the attempts limit and duration limit. Under Rule 24.156.606, you must pass your last step exam within no more than five retakes, meaning six total attempts. You must also pass all step exams within a seven-year period of your first attempt. Rule 24.156.606 grants two more attempts than the USMLE's own four attempts limit. We can help you determine whether you are on a path to satisfy the Montana Board of Medical Examiners' licensing requirements or whether you can obtain special approval from the Board for an alternative exam or path.
Montana Medical Licensing Exam Issues
The above Montana Board of Medical Examiners licensing exam requirements can certainly generate onerous issues. You are not alone in facing medical licensing exam issues. Our attorneys have helped many other medical students and graduates with addressing and resolving their licensing exam issues. Those issues tend to fall into one or more of the following categories, addressed in the following sections: (1) meeting exam qualifications; (2) passing all exam steps within attempt limits; (3) overcoming cheating allegations; (4) disqualification for anomalous exam performance; (5) disqualification over an invalidated exam score; or (6) extenuating circumstances interfering with an attempt. Each of these categories implicates different exam policies and procedures, requiring our attorneys to pursue different avenues to address and resolve your issues. Do not retain unqualified legal counsel. Our attorneys have the substantial knowledge, skill, and experience necessary to efficiently and effectively resolve your licensing exam issues.
Montana Licensing Exam Qualification Issues
You've surely already realized that you can't just show up and take the USMLE, NBME, or FLEX licensing exam. You must first qualify for the exam by completing an elaborate application process that requires information, authorizations, and documentation. The USMLE's Bulletin of Information, for instance, lists the several exam qualification requirements you must meet before attempting to schedule a step exam. Your USMLE application process carries the same hazard of credential fraud that your Montana Board of Medical Examiners application creates. USMLE officials may construe any misstatement you make as credential fraud, denying you the opportunity to take the exam. Your attempt to qualify for the USMLE or other medical licensing exam may trigger these other issues:
- inconsistent application statements;
- inconsistencies between your statements and documentation;
- missing, unauthenticated, or incomplete documentation;
- record of academic failure or discipline for misconduct;
- unresolved academic progress or disciplinary issues;
- accreditation issues at your medical school;
- medical residency program misconduct or unresolved charges;
- record of disqualifying criminal convictions;
- record of disqualifying domestic violence restraining orders;
- record of mental or physical impairment;
- record of substance abuse, dependency, or addiction;
- inadequate photographic documentation of personal identity or
- inadequate documentation of citizenship or lawful immigrant status.
How We Address Exam Qualification Issues:
Trust our attorneys to address and resolve your exam qualifications issues where you have been unable to do so. Our attorneys have the skill and gravitas to get the attention of recordkeepers to promptly supply updated, corrected, complete, and properly authenticated transcripts, citizenship records, background checks, court records, and other required documentation. If you have unresolved issues at medical school, in your medical residency, or with your immigration status, we can invoke procedures to address and resolve those issues, working with deans, professors, registrars, and other administrators as necessary. We can do the same with judges and court clerks to ensure that we can get the information and documentation you need to USMLE, NBME, or FLEX administrators. If your exam application created misrepresentation issues, we can work to help you resolve those issues. We can also keep Montana Board of Medical Examiners officials informed that you are diligently resolving your licensing exam issues.
Montana Medical Licensing Exam Attempt Limits
Medical students and graduates often fail one or more step exams. The strategy of making preliminary attempts without exhaustive preparation can save study time when an examinee is able to pass with less preparation. But running up against attempt limits can be harrowing, knowing that you may be approaching your last chance. You've seen above that the Montana Board of Medical Examiners Administrative Rule 24.156.606 does not impose a limit for the first and second USMLE step exams but imposes a five-retake limit for Step Exam 3. You've also seen above that the USMLE has a four attempts limit for each step exam. Exhausting your four attempts can mean disqualification from the exam and notice to the Montana Board of Medical Examiners that you are no longer qualified to retake it.
How We Address Exam Attempt Limits:
If you exhaust the USMLE four attempts limit on any one of its step exams, we may be able to gain you an extra attempt. The USMLE offers an extenuating circumstances policy that we can invoke on your behalf to present evidence of why you failed to make a scheduled attempt counting against your limit, such as due to illness or injury, or why you failed to complete an attempt in earnest once you began, such as due to sudden illness during the exam. Be sure to notify exam officials and retain us promptly to ensure that you can qualify for the extra attempt. The Montana Board of Medical Examiners may also have the discretion to grant you an extra attempt. Its Rule 24.156.606 authorizes the Board to extend the seven-year exam period on a showing of good cause.
Montana Licensing Exam Irregular Behavior Issues
Cheating charges are another common issue arising around medical licensing exams. Exam officials naturally watch closely not only for credential fraud and other cheating when qualifying for and scheduling an exam but also for cheating while preparing for the exam and during exam administration. The USMLE addresses suspected cheating under its irregular behavior policy. Examinees, exam proctors, and testing center staff all have the duty to report suspected cheating. The USMLE Bulletin of Information lists these forms of cheating, allegations of which you may face:
- disobeying or interfering with proctors or test center staff members;
- failing to report cheating that you clearly observed, even if not participating;
- refusing to cooperate with a cheating investigation or interfering with the investigation;
- requesting that an impostor take your exam or offering to act as an impostor for another;
- helping another examinee during an exam or requesting or accepting help from another;
- unauthorized materials or devices in the exam room;
- removing exam materials or sharing confidential exam questions after the exam;
- misrepresenting your exam status to licensing officials or
- attempting to register after exam disqualification.
How We Address Irregular Behavior Charges:
The USMLE Office of the Secretariat offers an adjudication process that we can invoke on your behalf to present your defense to cheating charges. We can help you identify, acquire, and present evidence that exonerates you from the charge while obtaining incriminating evidence from USMLE officials and challenging it through cross-examination or other appropriate means. We also have forensic computer consultants and handwriting analysts to opine on your behalf as the evidence allows and circumstances require. Our goal is to dismiss the cheating charges so that you can requalify for your next attempt to pass the exam. We also keep Montana Board of Medical Examiners officials informed of our diligent efforts to promptly and favorably resolve your exam issues so that they keep your application file open.
Montana Anomalous Exam Performance Issues
USMLE officials don't just wait for reports of suspected cheating. USMLE officials also analyze exam answer patterns. They look for indications that an examinee was either not qualified for the exam, lacking the medical knowledge and education, or that an examinee did not make an earnest attempt at the exam. Examinees who do not answer all questions, skip exam sections, or answer the same option for all questions may be taking the exam to record questions for outside distribution, to assist another examinee in the room, or for similar nefarious purposes. The USMLE's anomalous performance policy allows exam officials to disqualify an examinee from further attempts in such circumstances. Disqualification would lead to notice to the Montana Board of Medical Examiners to reject your license application.
How We Address Anomalous Exam Performance:
We defend anomalous exam performance in two primary ways. First, we can make a case based on your medical school grades, MCAT performance, medical school exam scores, and medical school professor attestations that you have the requisite medical knowledge and education. We can then present any explanation you have, together with supporting documentation, for your anomalous performance. You may, for instance, have had a medical event during the exam or a similar extraordinary stressor that kept you from performing as you ordinarily would. Alternatively, you may have misunderstood exam instructions, mistakenly skipped sections of the exam, or entered your correct answers incorrectly. We can also keep Montana Board of Medical Examiners officials informed of our progress in resolving your anomalous performance issues to keep your license application open.
Montana Invalidated Exam Score Issues
You could face one more problem that you might not have anticipated. USMLE officials watch not only for unusually low scores well below the distribution to disqualify examinees under the anomalous performance policy above but also for very high scores above the normal distribution. A very high score, especially when others taking the same exam also have very high scores or show the exact same answer pattern, may indicate that the examinee or examinees got the exam questions in advance or in some way worked together to ace the exam. USMLE officials enforce an invalidated score policy in those cases, withholding the very high passing score and disqualifying the examinee or examinees from further exam attempts. The Montana Board of Medical Examiners would then close the application file when receiving notice of the exam disqualification.
How We Address Invalidated Exam Scores:
The USMLE does not offer an adjudication process in the case of an invalidated, very high score. Instead, our attorneys would pursue informal channels to present your evidence as to how and why you scored so high. You may, for instance, have scored equally high on the MCAT and on medical school exams. Or you may have used a great method for preparing and spent inordinate preparation time. We may also be able to show evidence of your good character, all with an eye toward gaining you another attempt under close observation to ensure that officials accept your next passing result. We would also keep the Montana Board of Medical Examiners informed of our progress to keep your application file open.
Montana Medical Board Response to Exam Issues
You must keep the Montana Board of Medical Examiners informed of your licensing exam issues and make diligent attempts to address them throughout the course of your efforts. Failure to update Board officials on your progress may cause your application to misrepresent your licensing exam status. That omission could lead to credential fraud charges and disqualification from licensure. You also need to keep Board of Medical Examiners officials informed simply to keep your file open. Board officials must diligently administer applications. Their protocols may require them to process and close your application within six months or a similar period if your application is not complete. We can help you reassure Board officials that you have retained us to promptly address and favorably resolve your licensing exam issues, keeping your file open. Premature closure of your file could cost you the time, trouble, and expense of reapplying in a new application cycle.
Montana Administrative Review Procedures
Don't give up if the Montana Board of Medical Examiners closes your application file prematurely. Part 3 of Montana's Uniform Professional Licensing and Regulation Procedures begins with the statement of intent that licensing board rules and decisions “must provide for adequate due process for licensed persons involved in disciplinary proceedings.” We can invoke your due process right to a hearing before the Board of Medical Examiners for relief from premature closure of your application file and for other relief to address and resolve your medical licensing exam issue.
Premier Montana Medical Licensing Exam Defense
The Lento Law Firm's premier Student Defense Team is available across Montana to address your medical licensing exam issues and to help you promptly qualify for a Montana Board of Medical Examiners license. Our attorneys help hundreds of students and graduates across Montana and nationwide with 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.
