The Docs of Innards: Is It Cheating To Pass Along Memorized Questions From Exams?

The American Board of Internal Medicine (ABIM) has taken some sort of disciplinary action against 140 docs who cheated on their ABIM certification exams. In a lawsuit that the ABIM had filed previously against Arora Board Review, a company that does exam review courses for certification, the discovery process yielded information that proved to be more damaging for the docs than for Arora.[1]  The documents in the now-settled case included e-mails and other correspondence from the docs to Arora.[2]  The e-mails and correspondence revealed that the docs knew many of the questions and, indeed, followed up by sending along memorized test questions from their own certification exams to Arora in order to help the cert-docs-in-waiting along.

The dynamics of the question transfer are fascinating because there are some things lost in translation.  Here is one example from the Wall Street Journal’s June 10, 2010 healthblog, an example drawn from the pleadings in the litigation in this matter.  After reading this question see if you don’t find yourself asking, “Why did they need the review course?  I knew the answer to this one without a lick of medical school let alone a board certification review course.” 

ABIM question: A 72-year-old man comes to you for evaluation before undergoing cataract surgery to be performed by an ophthalmologist at your hospital. The patient has been under your care for 11 years for diabetes mellitus and hypertension, both of which are well controlled. He has never had any vision problems, and he says that he reads himself to sleep every night. You refer the patient to a second ophthalmologist who finds no cataracts. Which of the following is the most appropriate action to take regarding the first ophthalmologist? A. Call your colleagues and advise them not to use this ophthalmologist; B. Contact the state medical board; C. Refer the issue to the peer review committee at your hospital; D. Urge your patient to call the Medicare fraud hotline

Board review question: An Ophthalmologist, who works in your hospital, refers you a 64-year-old patient for preoperative medical clearance for cataract surgery. However, your examination does not reveal any evidence of cataract. Patient has no eye symptoms and he reads books before going to bed every day. In the past, you have had similar experience [sic] twice with this Ophthalmologist and each time you had not found [sic] cataract in the patient. Besides getting a second Ophthalmological consult, what is your next step? A. Stop accepting patients from this doctor; B. Tell patient not to sign the consent for surgery; C. Place a call to this Ophthalmologist; D. Report to peer review

(Answer: peer review)[3]

This type of cheating ring is fairly typical.  When we were in junior high and had algebra first period, we would walk out and find the students from 2nd through 6th period waiting anxiously.  We would say, “It was hard,” or “It was hard, but if you studied, you will be okay.”  Some folks evolved to, “Well, it was hard and you better know ________.”  From there others moved along to, “Well, it was hard, and you better know _______, and there was this one question . . . “  From there students move along into assigning which questions to memorize so that they can be passed along.  Docs who took the board certification exam remembered exam questions, wrote them down, pooled their resources, and then sent them off to their board-review course. The board-review course then included those questions in their study materials for course participants.  A comparison shows that the questions are not identical, but they certainly did memorize the gist of them.

The docs do pay for the courses and the docs are dependent upon these courses because, well, aren’t we all a’feared of just studying?  We want a review course to take some of that pain away.  But, in the zeal to remove the pain some docs and their review courses have crossed over into just getting the questions.  Hence, the ABIM scandal. 

The docs do promise confidentiality when they register for the ABIM exam and are also reminded of that confidentiality and other pesky things such as honesty and not passing along test questions.  ABIM describes the confidentiality pledge and honesty reminder as follows:

Each physician who signs up for an ABIM examination is directed, in writing, not to discuss exam content. In addition, before each test, physicians sign a ‘pledge of honesty’ to not disclose, copy, or reproduce any portion of the material contained in the examination and are warned that ABIM will impose severe penalties on any physician involved in efforts to provide examination question content to others.[4]

 So, ABIM has disciplined the docs with a range of sanctions from letter reprimands all the way through varying discipline levels including revoking exam passage (for 1-5 years) and certification (also for 1 to 5 years and, for some, into eternity) to naming five of them as defendants in a suit by ABIM for copyright infringement and misappropriation of trade secrets, i.e., passing along the exam questions.  The five of the 140 were named as defendants because of the extent of their activity in dispersing the questions.[5]  There are always those in the ring who assume that purchasing questions is acceptable and profess innocence because, “How were we to know they were from previous tests?”  So, ABIM metes out justice via mercy, with just a drop of skepticism.  

Now, some would argue that certification is a nice pen in the pocket of a physician’s lab coat, but is not necessary, so what is the big deal? One doctor posted the following on the Regator blog, “But is it really cheating? College kids do it all the time.”[6] Others call the certification exam “antiquated” with “no correlation” between certification and improved medical outcomes. In tis group are those who argue that certification leads to more mistakes in patient care because docs rely on their “recently certified” minds in lieu of verification.  These folks want open-book exams.[7]  Oh, don’t we all? Still others, such as ABIM CEO Dr. Christine Cassel would argue, “Any high school kid knows that cheating is unfair.”[8] That’s where Dr. Cassel and I would part ways.  She is wrong about the high-school kids.  That’s where it started.  High schools are not doing a crackerjack job of reining in cheating. Docs don’t wake up one day and decide to cheat on a certification exam.  The Barometer suspects that the docs were using similar toes-to-the-line strategies throughout their career.  Dr. Cassel is just now beginning to see the graduates of a new culture of cheating.

 

 


[1] ABIM v. Arora Board Review, (E.D. Pa), January 5, 2010.

[2] The doctor who ran the review course agreed to surrender his own ABIM certification and refrain from offering live review courses.  He and his company can, however, continue to sell review materials for the board certification.

[3] http://blogs.wsj.com/health/2010/06/09/abim-cheating-scandal-take-a-look-at-some-test-questions/.

[4] www.abim.org

[5] You can find ABIM’s press release on this matter at http://www.abim.org/news/ABIM-sanctions-physicians-for-ethical-violations.aspx.

[6] http://regator.com/whatshot/American+Board+of+Internal+Medicine/.

[7] http://www.kevinmd.com/blog/2010/04/recertification-doctors-improve-patient-care.html.

[8] Katherine Hobson, “Board Says Doctors Cheated,” Wall Street Journal,  June 9, 2010, p. A6.

About mmjdiary

Professor Marianne Jennings is an emeritus professor of legal and ethical studies from the W.P. Carey School of Business at Arizona State University, retiring in 2011 after 35 years of teaching undergraduate and graduate courses in ethics and the legal environment of business. During her tenure at ASU, she served as director of the Joan and David Lincoln Center for Applied Ethics from 1995-1999. In 2006, she was appointed faculty director for the W.P. Carey Executive MBA Program. She has done consulting work for businesses and professional groups including AICPA, Boeing, Dial Corporation, Edward Jones, Mattel, Motorola, CFA Institute, Southern California Edison, the Institute of Internal Auditors, AIMR, DuPont, AES, Blue Cross Blue Shield, Motorola, Hy-Vee Foods, IBM, Bell Helicopter, Amgen, Raytheon, and VIAD. The sixth edition of her textbook, Case Studies in Business Ethics, was published in February 2011. The ninth edition of her textbook, Business: lts Legal, Ethical and Global Environment was published in January 2011. The 23rd edition of her book, Business Law: Principles and Cases, will be published in January 2013. The tenth edition of her book, Real Estate Law, will also be published in January 2013. Her book, A Business Tale: A Story of Ethics, Choices, Success, and a Very Large Rabbit, a fable about business ethics, was chosen by Library Journal in 2004 as its business book of the year. A Business Tale was also a finalist for two other literary awards for 2004. In 2000 her book on corporate governance was published by the New York Times MBA Pocket Series. Her book on long-term success, Building a Business Through Good Times and Bad: Lessons from Fifteen Companies, Each With a Century of Dividends, was published in October 2002 and has been used by Booz, Allen, Hamilton for its work on business longevity. Her latest book, The Seven Signs of Ethical Collapse was published by St. Martin’s Press in July 2006 and has been a finalist for two book awards. Her weekly columns are syndicated around the country, and her work has appeared in the Wall Street Journal, the Chicago Tribune, the New York Times, Washington Post, and the Reader's Digest. A collection of her essays, Nobody Fixes Real Carrot Sticks Anymore, first published in 1994 is still being published. She has been a commentator on business issues on All Things Considered for National Public Radio. She has served on four boards of directors, including Arizona Public Service (1987-2000), Zealous Capital Corporation, and the Center for Children with Chronic Illness and Disability at the University of Minnesota. She was appointed to the board of advisors for the Institute of Nuclear Power Operators in 2004 and served on the board of trustees for Think Arizona, a public policy think tank. She has appeared on CNBC, CBS This Morning, the Today Show, and CBS Evening News. In 2010 she was named one of the Top 100 Thought Leaders in Business Ethics by Trust Across America. Her books have been translated into four different languages. She received the British Emerald award for authoring one of their top 50 articles in management publications, chosen from over 15,000 articles. Personal: Married since 1976 to Terry H. Jennings, Maricopa County Attorney’s Office Deputy County Attorney; five children: Sarah, Sam, and John, and the late Claire and Hannah Jennings.
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