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Minnesota Legislature

Thou shall not cheat (new law)

Published (4/8/2010)
By Mike Cook
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Beginning Aug. 1, 2010, civil action can be taken against someone who deliberately cheats with respect to a board licensing or certification examination.

Rep. Jim Abeler (R-Anoka), who sponsors the law with Senate President James Metzen (DFL-South St. Paul), said that in addition to cheating during an exam, test questions have been made available for a fee, often on the Internet. The law simply says if someone engages in examination subversion, they could be sued by “any person damaged or likely to be damaged” by the practice.

Examination subversion could include:

• removing examination materials from the examination room without authorization;

• disclosing or publishing any portion of the examination;

• selling or offering to sell any portion of a future, current or previously administered examination;

• improperly obtaining examination questions, answers or materials before, during or after the examination;

• communicating with another person during administration of the examination to give or receive help; and

• copying answers from another examinee or letting another examinee copy your answers.

Supporters say the law, signed April 1 by Gov. Tim Pawlenty, will help ensure that qualified people are working in patient care, not just someone who received exam questions and answers in advance.

HF1713/ SF1494*/CH202

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