In further news about the medical emergency that occurred at Hofstra University during the most recent bar examination, State Assemblywoman Rodneyse Bichotte Hermelyn, a Brooklyn Democrat, introduced the “Clock Should Stop Act,” which requires the Board of Law Examiners to establish clear protocols for addressing emergencies, such as medical and criminal incidents or natural disasters, during the bar exam.
The measure would permit proctors to use cellphones during these types of emergencies and then force an immediate pause of the exam.
The legislation would also provide “accommodations” for test-takers who have been affected by such emergencies, including providing them with additional time, exam credit for completed portions or a no-cost test retake within six months.
Bichotte Hermelyn, herself an aspiring attorney, said she took the bar exam last week at CUNY Law School when a female test taker suffered a minor fainting spell. In that incident, the Assemblywoman said, certain test takers with prearranged accommodations were allowed to take a short break, although the clock on the exam never halted.
“Most students are prepped to go in [to the bar exam] and block anything that’s happening around them, even if it’s an emergency,” said Bichotte Hermelyn, who expects her bill to attract multiple co-sponsors and a matching bill in the State Senate. “But the reality is, people are human beings. If someone is there suffering from a medical issue, literally turning blue, I don’t think anyone can ignore that.”
In a statement last week, the Board of Law Examiners said it has “delved unflinchingly into an assessment of the emergency responses on July 30, including the Board’s protocols and procedures, and that important work continues.”
John McAlary, Executive Director of the Board of Law Examiners, said last week that it’s “too soon” to know if any policy changes will be implemented before the exam is administered again in February but defended the decision to continue with the test.
Also last week, Assemblyman Charles Lavine (D-Glen Cove), Chair of the Judiciary Committee, wrote to McAlary criticizing the response to the cardiac arrest as “disorganized” and “delayed” and demanding action to prevent a recurrence in the future.
“It is just inexcusable that the clock cannot stop for even a short period of time when someone faces an emergency,” Lavine, a licensed attorney, said. “There’s just no reason for that. Another few minutes isn’t going to make a difference.”
The failure to halt the exam has been highly criticized by some students who were in the room when the victim collapsed — many of whom took to social media to complain that proctors scolded them when they pleaded for them to send assistance and to argue that the woman did not receive medical attention for an estimated seven to 10 minutes.
Hofstra officials insist their emergency response team “acted swiftly and decisively to save this woman’s life,” performing CPR and applying an automated external defibrillator, used to revive individuals from cardiac arrest, before paramedics took the victim by ambulance to Nassau University Medical Center.
The Board of Law Examiners, Hofstra officials said, rents space for the exam and the University was not involved in the decision to keep going with the test.

You can read more about this ongoing issue here.

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