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Terms of Application for Maintenance of Certification

 

1. Application.

 

The undersigned makes application to The American Board of Obstetrics & Gynecology, Inc. (ABOG or Board) for admission to participate in the Maintenance of Certification (MOC) Process of the ABOG, all in accordance with, and subject to the requirements of the ABOG pursuant to the Articles of Incorporation, Rules, Regulations, and other qualifications, as may be amended, by the ABOG. Applicant agrees that neither the application fee nor the examination fee shall be returnable to him/her in any event and that in either case the cost of processing his/her Application, and examination, respectively, whether he/she is permitted to take the examination or not, are of greater value than the fees themselves. The Applicant is aware that the ABOG is a not for profit corporation whose principal place of business is located in Dallas, Texas. The applicant understands that the ABOG is not affiliated with and is not an agency of the U.S. or any state.

 

 

2. Representations of Applicant.

 

2.1  Applicant represents and warrants that the information and answers provided on this Application are true, correct, and complete to the best of his/her knowledge and agrees that any information that is false, misleading or otherwise misrepresents the true state of facts, or any significant omissions made regardless of whether such information was provided by the Applicant in ignorance or in good faith or because of misunderstanding, may disqualify the Applicant from having his/her Application accepted and/or from allowing him/her to participate in  MOC and may disqualify him/her from any entitlement he/she may have had previously. Applicant understands that the ABOG is relying upon the accuracy of all of the information that he/she has supplied in this Application, although the ABOG is free to, and he/she expect that it will, independently attempt to verify the information contained in this Application. Applicant understands that he/she does not have any right to submit this Application and participate in MOC for which he/she is applying and that this privilege has been afforded to him/her by the ABOG to submit such Application and to participate in MOC subject to the Articles, Resolutions, Rules and Regulations of the ABOG.

 

2.2    Furthermore, if the Applicant is permitted to participate in MOC and it is discovered by the ABOG that any information furnished in his/her Application or otherwise which resulted in being permitted to participate in MOC is false, misleading, a misrepresentation, or contains omissions, regardless of whether such information was furnished in ignorance of the true facts, in good faith, or because of any misunderstanding the Applicant may have had, then, and in that event:

 

1) Applicant understands that such professional misbehavior may result in deferral of his/her application to MOC for at least three (3) years; and

 

2) Applicant understands that he/she will lose certification during this deferral period and must apply for re-entry to reinstate Board certification.

 

3. Understandings, Agreements, Covenants, and Warranties of Applicant.

 

3.1   Applicant understands that the decision as to whether permission is given to participate in MOC for which Applicant is applying, and as to whether any entitlement Applicant may have to continue to participate in MOC is based solely and exclusively on the decision of the ABOG and that such decision is final.

 

3.2     Applicant understands and agrees that the decision as to whether his/her grades and other performances in the MOC Process qualify him/her for, and any entitlement he/she may have to continue to qualify for participation in MOC and maintain certification, rests solely and exclusively in the ABOG, and that its decision is final.

 

4. Release and Exoneration of ABOG.

 

Applicant waives, releases, exonerates and agrees to indemnify and hold harmless the ABOG and its directors, officers, division members, committees, committee members, employees, examiners, and agents from, against, and with respect to, any and all demands, claims, losses, costs, expenses, damages, of any kind, including for reasonable or other attorney's fees, and judgments, of any kind or character, alleged to have arisen from, arising from, resulting from, out of, with respect to, or in connection with, any action which they, or any of them, take or fail to take, as a result of or in connection with this Application to participate in MOC or otherwise, any examination conducted by, the ABOG, any examination which the ABOG determines, in its sole discretion that the Applicant has failed to qualify for, and if applicable, the failure of the ABOG to allow the Applicant to participate in the MOC Process and retain certification, or the ABOG's revocation of any certificate previously issued to the Applicant. Applicant further agrees to release, exonerate, indemnify and hold harmless the ABOG and its directors, employees, division members, committee members, examiners, officers, agents, from any claims for liability or damages or complaint of whatever kind or character whatsoever, by reason of any action, they, or any of them, may take in connection with this Application, such examination, the grade or grades given in respect to any such examination, and/or the failure of said Board to permit the Applicant to retain certification or by reason of the forfeiture or revocation thereof because of  the Applicant’s  failure   to  comply  with  the  Articles, Resolutions, Rules and Regulations of the ABOG, as may from time to time exist or be revised.

 

5. Venue and Jurisdiction.

 

Applicant agrees that if any dispute arises between the Applicant and the ABOG with regard to the Applicant’s qualification for participating in the MOC Process, the results of the examinations, and/or any decision made by the ABOG with regard to the Applicant’s qualification for, and any entitlement the Applicant may have to continue to qualify for, a Certificate, that dispute shall be had, held, and adjudicated I in an appropriate court in Dallas County, Texas.  Applicant consents to the personal jurisdiction and the laws of the State of Texas and exclusive venue in Dallas County, Texas with regard to any dispute that may arise with regard to the conduct of the examinations or Applicant’s qualification for, and any entitlement the Applicant may have to continue to qualify for, Board certification or in connection with the manner of conducting any examination or the results thereof, or the Applicant’s rights to participate in the ABOG MOC process or to any privileges of such certification. Applicant further agrees that if, and to the extent, he/she may have any legitimate claims concerning his/her qualification for, and any entitlement he/she may have to continue to qualify for, or the conduct of any such examination, he/she will first exhaust all administrative remedies available to him/her under the rules and policies of the ABOG, and after first doing so, if, and to the extent, he/she may have any claims that can be heard in a court of law under the terms hereof, such claims shall thereafter be addressed exclusively to the attention of an appropriate court in Dallas County, Texas where the ABOG maintains its principal place of business. Applicant acknowledges that the MOC application and examination fees that the ABOG charges and that Applicant has agreed to pay would be higher if he/she, and other applicants, did not agree to these venue provisions.

 

 

6. Adjudication of Disputes, Forum: Waiver of Right to Jury Trial.

 

In the event that any dispute arises between the Applicant and the ABOG whether under the terms hereof or as a result of any action taken by the ABOG or the Applicant as a result or consequence of his/her submitting this Application, his/her right or privilege to become or remain a diplomate of the ABOG, his/her use of the ABOG website or any documents or materials he/she downloaded, viewed or referred to on the ABOG's website, or by reason of any Application, request for information or other contact between him/her or a representative of his/her and the ABOG or  any representative of the ABOG, the Applicant and the ABOG expressly agree to waive and waive any rights we each may have to a trial by jury of any and all issues arising in any action or proceeding between the Applicant and the ABOG or our respective successors, representatives, assigns, or heirs. In addition, any claim, dispute, or controversy ("claim") by the Applicant or the ABOG against the other shall be resolved in an appropriate court of law located in Dallas County, Texas, as described above.

 

 

7. Continuing Requirements for Maintenance of Certification.

 

Applicant agrees to comply with all of the provisions of the Articles of Incorporation, Bulletins, Rules and Regulations of the ABOG, including all of the requirements for MOC, and the qualifications for, and any entitlement he/she may have to continue to qualify for and retain certification, as they currently exist or may hereafter be revised, and further agree that in the event he/she ever violates any of the terms and provisions of the Articles, Bulletins, Rules and Regulations of the ABOG, as they may exist from time to time, certification may be revoked in accordance with the Rules and Regulations of the ABOG. 

 

8. Authorizations for Release of Information.

 

Applicant authorizes the ABOG or any employee, agent, director, officer, representative, member, examiner, or any other person with whom the ABOG may have dealings to obtain any and all information from schools, current or former employers, criminal justice agencies, individuals, medical institutions, hospitals, medical associations, medical organizations, or other organizations or persons, concerning his/her history, his/her history in the medical profession, and relating to any and all of his/her activities. Applicant authorizes and directs the medical organizations and associations, hospitals, and other medical professionals named in this Application and the responsible officials thereof to furnish the ABOG such information as it may request to verify the accuracy of the information contained in this Application and of his/her medical professional history, and agrees to release and hold all such organizations harmless from any liability or damages for providing such information to the ABOG. This information may include, but is not limited to, academic, employment, achievement, performance, personal history, arrest and conviction records, as well as any other information pertaining to his/her professional credentials or history in the medical profession or his/her history, generally. Applicant authorizes and directs such third parties to release such information upon request of the bearer of this Authorization or a counterpart thereof. Applicant understands that the information released is for official use by the ABOG and may be disclosed to such third parties as may be necessary in the ABOG's sole discretion in the fulfillment of the responsibilities of the ABOG. Applicant releases and agrees to indemnify and hold harmless any individual, person, organization, association or other entity including records custodians, as well as any corporation, partnership or other legal entity, from any and all liability for damages of whatever kind, character or nature whatsoever which may at any time result to him/her or he/she may incur on account of compliance or any attempts to comply with this Authorization. Any third party furnishing information to the ABOG may rely upon a signed copy of this document as if it were an original. Applicant specifically authorize the ABOG and its employees, officers, directors, agents and representatives, to the extent required by any federal, state or local law, ordinance or regulation, or by any lawful subpoena or other legal process served upon it or them, to reveal the facts of this or any other application he/she has submitted to it, the nature and results of any examination he/she has taken, and any other information regarding his/her professional standing, knowledge, qualifications and/or competence.

 

9. Understanding.

 

Applicant has read the contents of this Application and all of the terms, conditions and provisions contained herein. Further, Applicant understands these terms, conditions and provisions and agrees to be bound by them in consideration of the willingness of the ABOG to receive this Application and he/she acknowledges that such consideration is sufficient and valid. Applicant understands that in the absence of his/her agreement to these terms, conditions and provisions, the ABOG would not have received the application nor, if his/her application is accepted, allow Applicant to participate in the MOC for which he/she is applying.

 

10. Severability.

 

The terms, provisions, covenants and remedies contained in this Application shall be enforceable to the fullest extent permitted by law. If any such term, provision, covenant, or remedy of this Application or the application thereof to any person, association, entity, or circumstances shall, to any extent, be construed to be invalid or unenforceable in whole or in part, then such term, provision, covenant, or remedy shall be construed in a manner so as to permit its enforceability under the applicable law to the fullest extent permitted by law. In any case, the remaining provisions of this Application or the application thereof to any person, association, entity, or circumstances other than those to which they have been held invalid or unenforceable, shall remain in full force and effect.

 

11. ADA.

 

To request special assistance or a test modification for MOC due to a disability, documentation of the disability and specific accommodations requested will be required. Please refer to the current MOC bulletin for further information.

 

12. Use of Third-Party Study Aids during MOC.

 

It has come to the attention of the ABOG that certain companies are offering a service, which allows a diplomate to pay a fee to receive summaries to the articles that are the basis of the ABOG's MOC program.  The articles assigned and test questions given are Lifelong Learning and Self-Assessment MOC components. 

 

The purpose of this provision is to put the Applicant on notice that if he/she is or continues to utilize such services such as the ones listed above to answer the test questions, he/she will be in violation of the MOC's Professional Standing requirement. The ABOG will require the Applicant to sign an on-line attestation which provides in principal that he/she certify to the ABOG that he/she has read each assigned article in its entirety and have not relied on or used any third party service to aid in answering the test questions.

 

The Board of the ABOG has determined that using these or similar services to answer the test questions or by falsely certifying to the ABOG that the Applicant has read the entire article without the aid of third party services is a violation of the Professional Standing requirement and ethical standards of the ABOG and will result in the loss of the Applicant’s Diplomate status.

 

It is our mission to provide the public with the expertise it expects when hiring a board certified physician. Using any service, which allows the Applicant to circumvent reading the assigned articles hurts his/her patients and the integrity of this Board.

 

13. Confidentiality.

 

All MOC materials are confidential, proprietary or copyrighted by the American Board of Obstetrics and Gynecology, Inc. Any disclosure of the questions or answers or their substance, in whole or in part, to any person, organization or entity, public or private, orally, in writing, or by other form of communication is strictly prohibited. In the event that the ABOG determines that any unauthorized disclosure has been made by any person granted access to this examination, it reserves the right to refuse participation credit to such person or revoke its participation credit, if already granted, and, in addition, to seek monetary and injunctive relief in court, submitting to the exclusive personal jurisdiction and venue in the appropriate court located in Dallas County, Texas.

 

 

FINAL 11.26.18 SR