If you are an international medical graduate facing ECFMG issues, you should know that the ECFMG makes protective procedures available to you to resolve those issues favorably. However, you must invoke those issues rather than sit back and wait for ECFMG officials to help. Those officials may be your adversary and prosecutor in your ECFMG misconduct proceeding. Instead, retain the Lento Law Firm's premier Student Defense Team to favorably resolve your ECFMG issues. Call 888.535.3686 or use our contact form now to tell us about your case.
The ECFMG's Role in Safeguarding IMG Qualifications
The Educational Commission for Foreign Medical Graduates (ECFMG) is a private nonprofit organization associated with the Foundation for Advancement of International Medical Education and Research (FAIMER). The ECFMG's primary role is to certify international medical graduates to enter U.S. medical residency programs and qualify to sit for the Step 3 U.S. Medical Licensing Exam (USMLE). The ECFMG thus plays a critical role in safeguarding the qualifications of international medical graduates. U.S. medical residency programs, the USMLE, and medical licensing boards across the country all rely on the ECFMG to ensure that medical graduates it certifies have the medical knowledge, skills, and commitment that certification represents. The ECFMG must, therefore, keep a critical eye on international medical graduate representations.
The ECFMG's Role in Applicant Credentialing
The Educational Commission for Foreign Medical Graduates (ECFMG) also plays a significant role in the application process that international medical graduates follow to qualify for U.S. medical residencies. The ECFMG is not merely a certifying body. It is also an administrative body with which international medical graduates work closely to apply and qualify for U.S. medical residencies. The ECFMG's Electronic Portfolio of International Credentials (EPIC) is the administrative system international medical graduates use to assemble their educational, clinical, and examination credentials to present to U.S. medical residencies and employers. The ECFMG must, therefore, take extra pains to ensure that international medical graduates don't take undue advantage of its administrative system to misrepresent their qualifications.
ECFMG Irregular Behavior Examples
ECFMG officials take any irregularity in their candidates' applications seriously, given the ECFMG's role in safeguarding U.S. medical residency programs, licensing boards, physician employers, and medical patients against unqualified physicians and medical residents. The ECFMG maintains an elaborate policy and procedure on irregular behavior. Under the ECFMG's policy, irregular behavior includes “all actions or attempted actions on the part of applicants, examinees, potential applicants,” and others “that would or could subvert” ECFMG “examination, certification, or other processes, programs, or services.” The ECFMG policy and procedure give these non-exclusive examples of irregular behavior:
- submission of false information to ECFMG, such as denying prior ECFMG applications or indicating current enrollment after program dismissal;
- submission of falsified or altered documents to ECFMG, such as medical school degrees or transcripts falsely indicating graduation in good standing;
- violating USMLE or ECFMG test-taking policies or procedures such as using an impersonator or presenting false identification; or
- falsifying or altering an ECFMG document provided to others, such as a medical residency program or licensing board.
ECFMG Protective Procedures
ECFMG misconduct procedures under the organization's policy and procedure for irregular behavior can go through several stages. Each stage includes certain protective procedures that our highly skilled attorneys may be able to strategically invoke on your behalf to speed up and improve your outcome. ECFMG procedures include the following stages.
ECFMG Investigation of Irregular Behavior
The investigation is the first stage of the ECFMG irregular behavior protective procedure. ECFMG disciplinary staff may receive and review reports of suspected irregular behavior from anyone. Common reporters include medical school officials, test center personnel, ECFMG administrators, and even fellow medical graduates. ECFMG staff review those reports to determine whether they merit further investigation. Review of allegations for potential merit and for supporting evidence are critical protective procedures.
Steps to Take. If you learn that someone has reported you to ECFMG disciplinary staff, immediately retain us to help you assemble exonerating evidence and explanation to present to the investigating staff. We may be able to head off formal disciplinary charges at the investigation stage.
ECFMG Referral on Irregular Behavior Charges
Referral to the ECFMG's Medical Education Credentials Committee is the second stage of an irregular behavior procedure. Your case should proceed to the Credentials Committee only if disciplinary staff find sufficient evidence to proceed with charges. The Credentials Committee should contact you, notify you of the charges, and invite you. Notice and an opportunity to be heard are critical protective procedures.
Steps to Take. Retain us the moment you receive a Credentials Committee notice that it has accepted irregular behavior charges against you. We will help you assemble reliable exonerating and mitigating evidence in documentary form while assisting you in drafting and submitting your written statement. If you need time to address issues the notice of charges raise, then we can request deferral of the proceedings for up to six months while you correct those issues and we obtain reliable documentation of your correction to submit with your written statement. We may be able to head off further proceedings at this referral stage.
ECFMG Irregular Behavior Formal Hearing
Formal hearing is the third stage of an irregular behavior procedure. The ECFMG policy and procedure on irregular behavior gives you the option of requesting a formal hearing before the Medical Education Credentials Committee. You have the other option of relying on your written submission and documentation. But the opportunity for a formal hearing can be a huge procedural protection and advantage. The formal hearing may be your only good opportunity to see and challenge the evidence against you. Adverse witnesses must appear and testify under oath on a stenographic record.
Steps to Take. Retain us to invoke your right to a formal hearing before the Credentials Committee. We can attend the hearing on your behalf to cross-examine adverse witnesses while presenting your own testimony, witnesses, and documentary evidence. Invoking your formal hearing rights may discourage lazy, ill-informed, or retaliatory adverse witnesses from appearing at all. If they do appear, our cross-examination may show their lack of credibility.
ECFMG Irregular Behavior Petition for Reconsideration
Petition for reconsideration is a fourth stage of ECFMG irregular behavior protective procedures. Your right to petition the ECFMG's Medical Education Credentials Committee for reconsideration enables you to bring forward new evidence that was not available at the hearing. Your petition can also highlight the lack of credible evidence on the record against you and the greater or equal weight of your own exonerating evidence. The Credentials Committee must find in your favor if the incriminating evidence does not meet the preponderance of the evidence standard.
Steps to Take. If you lose your formal hearing, immediately retain us to order the stenographic record of the hearing, examine the record for error, marshal your new evidence and best arguments for reversal, and draft and submit the petition for reconsideration. We can also argue for a reduction in any sanction based on your mitigating evidence.
ECFMG Irregular Behavior Appeal
An appeal to the ECFMG Review Committee for Appeals is the fifth stage of ECFMG's irregular behavior protective procedures. If you suffer an adverse decision from the Credentials Committee and the Credentials Committee denies your petition for reconsideration, you have the right to appeal the decision to the Review Committee for Appeals. Once again, an appeal can be a critical protective procedure, placing the full record of your matter before an independent review panel. You have only thirty days within which to appeal. Your appeal must show that the Credentials Committee violated the above ECFMG protective procedures or that its decision was clearly contrary to the great weight of the record evidence.
Steps to Take. Immediately upon your receipt of an adverse decision from the Credentials Committee, retain us to obtain and review the record, evaluate the decision, and prepare your appeal arguments to present to the Review Committee. Getting fresh eyes on your matter may remove bias, prejudice, conflicts of interest, or mistaken impressions lacking substantial supporting evidence.
The Peril of Ignoring ECFMG Issues
Keep in mind that the above ECFMG protective procedures are not self-executing. If you ignore your ECFMG issues and the notices the ECFMG, its Credentials Committee, and its Review Committee send to you, the ECFMG may not afford you any of the above protections. ECFMG officials may instead presume that you are defaulting to the charges, that you have no exonerating or mitigating evidence, and that you expect and accept ECFMG disqualification from U.S. residency certification and USMLE examination. You won't get a formal hearing, reconsideration, or appeal. The Credentials Committee and Review Committee will not hear your side of the story. They may even presume in your absence that anything you would have said or presented would simply have further incriminated you. In other words, you should expect the worst outcome if you ignore or minimize the charges.
Invoking ECFMG Protective Procedures
Instead, retain our highly skilled and experienced attorneys to strategically and effectively invoke your ECFMG protective procedures. Our attorneys can take each of the above steps at each stage of the proceeding to be sure that ECFMG officials, from the investigators to the Credentials Committee and Review Committee, hear your side of the story. We can also ensure that ECFMG officials hear your side in the most favorable light while looking again at the lack of credibility and absence of foundation for the allegations against you. Your notice of ECFMG issues does not mean that ECFMG officials already believe that you are responsible for what the allegations state. They may instead expect you to come forward with a reasonable explanation. They may even doubt the sufficiency or credibility of the complaints against you and only need your explanation. Let us present your explanation to them in the best possible light through the above protective procedures.
The Skill of Student Defense Attorneys
The above analysis of the several stages of an ECFMG proceeding shows you the critical role our highly skilled attorneys can play in favorably resolving your ECFMG issues. You see above the steps we can take to achieve your successful resolution. But at the same time, we appreciate the substantial strategic skills and helpful experience our attorneys can bring to bear on your ECFMG issues. Local criminal defense attorneys and civil litigators generally do not have the academic administrative knowledge, skill, and experience to effectively handle an ECFMG matter. Our attorneys do have that knowledge, skill, and experience. Our representation of hundreds of students at all levels of education nationwide, including international medical graduates, gives us not only the skill and experience but also the reputation and relationships among ECFMG disciplinary officials. Let us put that skill to its best use on your behalf.
Your Stakes in an ECFMG Misconduct Proceeding
When evaluating your steps to overcome your ECFMG issues, keep in mind that you have a substantial investment in your medical education to protect. Whether your enrollment was in St. George's University Medical School, Saba University School of Medicine, Ross University School of Medicine, American University of the Caribbean School of Medicine, American University of Antigua School of Medicine, Medical University of the Americas, or another international medical program, you doubtless incurred substantial time, trouble, and expense earning your education. You also expect a substantial return. Don't let ECFMG issues stand in your way. Let us help you resolve your ECFMG issues favorably by using the available protective procedures.
Premier Student Defense Available for ECFMG Issues
If you are an international medical graduate facing ECFMG allegations, promptly retain the Lento Law Firm's premier Student Defense Team for the highly skilled, strategic, and effective attorney services you need for your best outcome. You have everything for which you worked on the line. Call 888.535.3686 or use our contact form now to tell us about your case.
