Specialties Matching
Service Match Participation Agreement
For All Matches Opening
After June 30, 2009
Terms and Conditions of the Specialties Matching Service Match Participation
Agreement Among Applicants, the NRMP, and Participating Programs
These are the terms and conditions of the Match Participation Agreement for the Specialties Matching Services ("SMS") that each applicant and program enters into by indicating acceptance of these terms and conditions through clicking on the I Accept button on the Registration screen of this web site (the "Match Site"). Upon the NRMP's acceptance of such party's registration, these terms and conditions will be a binding agreement between such party and the NRMP, as well as between such party and any other party who executes this SMS Match Participation Agreement in registering for the same SMS Match and whose registration is accepted by the NRMP.
If the NRMP accepts the registration of the applicant or program in question, the NRMP will register the applicant or program, as the case may be, in the SMS Matching Program, as described briefly in Section 1.0 below. In consideration of this registration, each applicant and program agrees to comply with all of the terms and conditions of this SMS Match Participation Agreement (also referred to in these terms and conditions as "this Agreement").
Table of Contents
1.0 Introduction to the SMS Matching Program
2.0 Applicants
2.1 Eligibility
2.2 Couples
2.3 Withdrawals
2.3.1
Withdrawal by the Applicant
2.3.2 Withdrawal of Applicants by the NRMP
2.3.3 Withdrawal Deadlines/Fee Refunds
2.4 Waiver of the Match
Results
2.4.1 Waiver Approvals: Applicants
2.4.2 Waiver Denials: Applicants
3.0 Programs
3.1 Eligibility
3.2 Withdrawals / Fee
Refunds
3.3 Waiver of the Match
Results: Programs
3.3.1 Waiver Approvals: Programs
3.3.2 Waiver Denials: Programs
3.4 Program Closures and
Reductions in Resident Complement
4.0 Communications
4.1 Among Programs, Program Directors Groups, and the NRMP
4.2 Schedules and Deadlines
4.3 Completeness and
Accuracy of Information
4.4 Confidentiality
5.0 Matching and Appointing Rules
5.1 Match Commitment
5.2 Rank Order List
Certification
5.3 Program Changes
6.0 Restrictions on Persuasion
7.0 Match Violations
7.1 NRMP Violations
Policies and Procedures
7.2 Consequences of
Confirmed Violations
7.2.1 Applicants
7.2.2 Programs
8.0 Fees and Fee Refunds
8.1 Applicant Fees
8.1.1 Applicant Registration Fee
8.1.2 Couples' Fee
8.1.3 Unpaid Applicant Fees
8.2 Program Fees
8.3 Fee Payment Procedures
8.4 Fee Refunds; Overdue Fees
10.0 Representations and Warranties
1.0 Introduction to the SMS Matching Program
The Specialties Matching Service is a system for the confidential ranking and selection of applicants to advanced residency and fellowship positions. The SMS Matching Program is provided by the NRMP to program directors' groups (i.e., associations of training program directors) whose programs offer entry level positions only to applicants who have completed two or more years of graduate medical education. To qualify for participation in the SMS, the program directors' group representing the programs in a particular specialty must designate a specialty representative to be responsible for overseeing the SMS match process and to be the group's official representative to the NRMP on all matters regarding the group's programs that register for the SMS Matching Program. Each group participating in the SMS is expected to identify eligible programs and to assist the NRMP in communicating with such programs.
The NRMP requires the program directors' group of each specialty participating in the SMS to execute annually an "NRMP Program Directors' Annual Participation Agreement" that commits active participation of at least 75 percent of the group's eligible programs and a minimum of 75 percent of all available positions in the specialty for that year. If a group fails to register 75 percent of its eligible programs and/or positions, the NRMP, at its discretion, may discontinue such group's participation in matches managed by the NRMP.
Positions may be offered through the SMS Matching Program to physician graduates of medical schools in the United States and elsewhere who meet the eligibility requirements set forth by the NRMP. Only applicants and programs that have registered with the NRMP and agreed to abide by the terms of this Agreement may participate in the SMS Matching Program.
The parties acknowledge that (a) the NRMP does not provide application services to applicants or programs; (b) applicants must apply directly to the programs with which they desire to match in addition to registering with the SMS Matching Program and listing such programs on their certified rank order lists; and (c) the NRMP is not involved in establishing the terms of any residency or fellowship agreement and has no responsibility for providing applicants with any information concerning such agreements.
The purpose of the SMS Matching Program is to provide a uniform time for both applicants and programs to make their selections without pressure. A match between an applicant and a program constitutes a binding commitment between the two parties in accordance with the terms of this Agreement. Any breach of that commitment may result in penalties to the breaching applicant or program, as described in Section 7.0.
The NRMP maintains the highest professional standards in the conduct of the SMS Matching Program and in its interactions with all participants: applicants, program directors, and institutional officials. All participants in the SMS Matching Program shall conduct their affairs in an ethical and professionally responsible manner and shall respect the right of applicants to freely investigate program options prior to submission of a final rank order list.
2.0 Applicants
2.1 Eligibility
To participate in the SMS Matching Program, prior to the scheduled start date of the position for which the applicant is applying, the applicant must have completed all of the training required for such position and must meet all of the requirements for entry into graduate medical education as prescribed by the Accreditation Council for Graduate Medical Education ("ACGME") in Section II of the ACGME Institutional Requirements, Residents, which are incorporated into this Agreement by reference. Each applicant executing this Agreement hereby affirms that he or she will meet those requirements prior to the applicable program start date.
Each sponsoring institution (e.g., a teaching hospital) may have additional requirements for eligibility for its programs. The NRMP is not responsible for ensuring that any or all of the requirements have or will have been met by an applicant prior to the scheduled beginning of the term of the position to which the applicant matched or for communicating such requirements to applicants.
2.2 Couples
To review the NRMP procedures with respect to individuals who wish to seek positions as a couple, click here. Applicants registered as a couple are treated by the SMS Matching Program only as a couple. If two applicants who registered as a couple do not obtain a match as a couple, the SMS Matching Program will not try to find a separate match for either of them individually.
2.3 Withdrawals
2.3.1 Withdrawal by the Applicant
Applicants may withdraw from the SMS Matching Program under certain conditions, but only if the NRMP receives the withdrawal request prior to the applicable rank order list certification deadline through the Match Site Withdrawal screen for the SMS Matching Program. Applicants who accept a concurrent year position outside the SMS Matching Program or through any other national matching service shall withdraw from the Matching Program. Withdrawal from the SMS Matching Program must be completed prior to the rank order certification deadline. Failure to withdraw from the SMS Matching Program prior to the rank order list certification deadline shall be a breach of this Agreement and may subject the applicant to the penalties described in Section 7.0 of this Agreement. Applicants in the SMS Matching Program are prohibited from accepting a position through any other national matching service or by agreement outside the SMS Matching Program after the rank order list certification deadline.
2.3.2 Withdrawal of Applicants by the NRMP
At any time, the NRMP may withdraw from the SMS Matching Program any applicant who falls into one or more of the following categories:
(a) Applicants with unpaid NRMP fees. The applicant registration procedure requires that all fees be paid in U.S. dollars by credit card or by bank checking account through the Match Site at the time of registration. The applicant will be allowed to register for and participate in the SMS Matching Program only after credit card or checking account information is entered through the Match Site and processed successfully.
(b) Applicants for whom the NRMP believes it has received credible evidence that they have violated the terms of this Agreement. Upon withdrawing an applicant from the Matching Program, the NRMP shall note in the Registration, Ranking, and Results System that the applicant is the subject of a "pending action". The designation shall remain in place until the applicant has waived or exhausted the opportunity to contest the action pursuant to the Violations Policy.
2.3.3 Withdrawal Deadlines / Fee Refunds
Applicants may not withdraw from the SMS Matching Program after the applicable rank order list certification deadline. Applicants who are withdrawn from the SMS Matching Program, either by their choice or by the NRMP, will not have their fees refunded.
2.4 Waiver of the Match Results: Applicants
Applicants and programs are not authorized to release each other from their binding match commitment. Once a party has matched, a waiver of the binding match commitment may be obtained only from the NRMP. The NRMP's decision to grant or deny the waiver is at the sole discretion of the NRMP and is not subject to arbitration. The NRMP recommends that each applicant and program read carefully the Policies and Procedures for Waiver Requests ("Waiver Policy") that shall govern the NRMP's handling of waivers and which are incorporated by reference in and are an integral part of this Agreement.
Any participant in the SMS Matching Program shall promptly notify the NRMP of any waiver requests received directly from any other participant.
The NRMP, in its sole discretion, may grant to an applicant a waiver of his/her binding commitment to a program if the NRMP determines that the fulfillment of his/her commitment to the results of the SMS Matching Program would cause serious and extreme hardship for the applicant. An applicant who matched to a fellowship position also may request a waiver if the applicant has elected to change specialties, provided the waiver is requested no later than the January 15 prior to the start of training. The applicant must request the waiver in writing and must send the request to the NRMP with a copy to the program to which the applicant matched. The NRMP will investigate the waiver request to determine whether or not the waiver shall be granted.
If, following initiation of the waiver review process by the NRMP, the applicant notifies the NRMP in writing that he/she will not accept the matched position if the waiver is not granted, the NRMP may grant an immediate waiver to the program so that it can recruit another qualified candidate for the matched position.
Applicants who have matched to a program shall not discuss, interview for, or accept a concurrent year position in another program prior to the NRMP issuing its decision as to whether to grant the requested waiver. If the NRMP receives information that an applicant has discussed, interviewed for, or accepted a concurrent year position in another program prior to receiving a waiver from the NRMP, the NRMP will initiate an investigation to determine whether the applicant or program has violated the terms of this Agreement.
Upon completing its investigation, the NRMP, in its sole discretion, may grant a waiver to the applicant releasing him/her from the commitment to the program, or it may deny the waiver request. Programs are not authorized to recruit another candidate for the matched position until so notified by the NRMP.
2.4.1 Waiver Approvals: Applicants
If the waiver is granted to the applicant by the NRMP, the applicant may accept a position in another graduate medical education program and the matched program may offer the vacant position to another qualified applicant.
2.4.2 Waiver Denials: Applicants
If the waiver is not granted to the applicant by the NRMP, the applicant will be expected to accept the matched position. If the applicant does not accept the matched position, the NRMP will initiate an investigation to determine whether the applicant has violated the terms of this Agreement.
If the waiver is not granted to the applicant by the NRMP and the applicant notifies the NRMP in writing that he/she will not accept the matched position, the NRMP will grant a waiver to the matched program so that it can recruit another qualified applicant for the matched position.
An applicant whose waiver request has been denied and who does not accept the matched position may be barred from accepting or starting a position in another NRMP match-participating program that has a start date within one year from the date of the NRMP's final decision to deny the waiver. If any NRMP match-participating program offers a position to that applicant to commence training during the one-year period, or if the applicant accepts such a position, the NRMP will initiate an investigation to determine whether the applicant and/or the program has violated the terms of this Agreement.
If the NRMP initiates a violation investigation of the applicant or program, it will follow the procedures set forth in Section 7.0 of this Agreement.
3.0 Programs
3.1 Eligibility
The NRMP may, in accordance with the policies and advice of the sponsoring program directors' group, be selective in determining which programs are eligible to participate in the SMS Matching Program for that specialty. Only programs in a specialty for which an SMS Match is being conducted may offer positions through the SMS. Positions are titled "residency" or "fellowship" depending upon the specialty for which the SMS Match is being conducted.
To be eligible to offer positions through an SMS Match, as of the rank order list certification deadline for such SMS Match a program must be either (a) accredited by the ACGME, or (b) affiliated with an ACGME-accredited program in the primary discipline, or (c) lead to certification or endorsement and oversight by a board recognized by the American Board of Medical Specialties. Each program executing this Agreement hereby affirms that it will meet one of those requirements by the rank order list certification deadline.
3.2 Withdrawals / Fee Refunds
Programs may withdraw entirely from an SMS Match or may withdraw positions provided they do so before the quota change deadline for such SMS Match. Programs may not withdraw from, or change the number of positions offered, in any SMS Match after the quota change deadline for such SMS Match except for situations beyond the control of the program, as determined by the NRMP.
At any time, the NRMP may withdraw from the SMS Matching Program any program that falls into one or more of the following categories:
(a) Programs that do not have the required accreditation or meet the eligibility requirements set forth in Section 3.1 of this Agreement
(b) Programs for which the NRMP believes it has received credible evidence that the program has violated the terms of the Agreement. Upon withdrawing a program from the SMS Matching Program, the NRMP shall note in the Registration, Ranking, and Results System that the program is the subject of a "pending action". The designation shall remain in place until the program has waived or exhausted the opportunity to contest the action pursuant to the Violations Policy.
Further, all programs with unpaid NRMP fees will be withdrawn from the SMS Matching Program if such fees are not remitted to the NRMP prior to the scheduled opening of the Match Site for registration. Institutions and programs that are withdrawn from the SMS Matching Program, either by their choice or by the NRMP, will not have their fees refunded or waived.
3.3 Waiver of the Match Results: Programs
Programs and applicants are not authorized to release each other from their binding match commitment. Once a party has matched, a waiver of the binding commitment may be obtained only from the NRMP. The NRMP's decision to grant or deny the waiver is at the sole discretion of the NRMP and is not subject to arbitration. The NRMP recommends that each program and applicant read carefully the Policies and Procedures for Waiver Requests ("Waiver Policy") that shall govern the NRMP's handling of waivers and which are incorporated by reference in and are an integral part of this Agreement.
Any participant in the SMS Matching Program shall promptly notify the NRMP of any waiver requests received directly from any other participant.
Programs shall use the Applicant Match History in the Match Site to determine the match status of any applicant considered for appointment to the program.
The NRMP, in its sole discretion, may grant to a program a waiver of its binding commitment to an applicant if the NRMP determines that fulfillment of a program's commitment to the results of the SMS Matching Program would cause serious and extreme hardship for the program. The waiver request must (a) be made in writing by the program director or the NRMP institutional official with a copy to each applicant whose position is included in the waiver request; (b) specify each such applicant; and (c) specify the method the program will employ to assist each such applicant to secure another residency position in the event the waiver request is the result of program closure or a change in program complement. The NRMP will investigate the waiver request to determine whether or not the waiver is appropriate.
Programs that have matched to an applicant shall not discuss, interview for, or offer the matched position to another candidate prior to the NRMP issuing its decision as to whether to grant the requested waiver. If the NRMP receives information that a match-participating program has discussed, interviewed for, or offered the matched position to another applicant prior to receiving a waiver from the NRMP, the NRMP will initiate an investigation to determine whether the program or applicant has violated the terms of this Agreement.
Upon completing its investigation, the NRMP, in its sole discretion, may grant a waiver to the program releasing it from the commitment to one or more of the applicants whose positions were included in the waiver request, or it may deny the request. Programs are not authorized to recruit another candidate for the matched position until so notified by the NRMP.
3.3.1 Waiver Approvals: Programs
If the waiver is granted to the program by the NRMP, the applicant may accept a position in another graduate medical education program and the matched program may offer the vacant position to another qualified applicant, unless the waiver request was based on financial hardship, a reduction in resident complement, or loss of accreditation.
3.3.2 Waiver Denials: Programs
If the waiver is not granted to the program by the NRMP, the program will be expected to offer the matched position(s) to the applicant(s) included in the program's waiver request. If the program does not offer the matched position(s), the NRMP will initiate an investigation to determine whether the program has violated the terms of this Agreement.
If an applicant requests a waiver from the NRMP and/or informs the matched program of the desire for a waiver, the program shall not discuss the match position with any other candidate or the applicant's eligibility with any other program or offer the matched position to any other candidate until either (a) the matched applicant has informed the NRMP in writing that he/she will not accept the matched position if his/her waiver request is denied by the NRMP and the program has been notified by the NRMP that it has been granted a waiver, or (b) the waiver is granted by the NRMP. If the NRMP receives information that the program has discussed, interviewed for, or offered the position to another candidate before it has been notified by the NRMP that either of the foregoing conditions has occurred, the NRMP will initiate an investigation to determine whether the program has violated the terms of this Agreement.
An NRMP match-participating program is prohibited from offering a position to an applicant who is ineligible to accept a position in an NRMP-match participating program because his/her waiver request was denied by the NRMP. Such prohibition applies to all positions which have a start date within one year from the date of the NRMP's decision. If an NRMP match-participating program offers a position to a matched applicant whose waiver was denied and training would commence during the one-year period, or if the applicant accepts such a position, the NRMP will initiate an investigation to determine whether the applicant or the program has violated the terms of this Agreement.
If the NRMP initiates an investigation to determine whether a program or applicant has violated the terms of this Agreement, the NRMP will follow the procedures set forth in Section 7.0 of this Agreement.
3.4 Program Closures and Reductions in Resident Complement
If a program has reason to close and/or reduce the number of fellows, it must follow the procedures specified in Section II of the ACGME Institutional Requirements, as amended from time to time, or any successor requirements. The program must notify the NRMP of the method it will employ to assist each matched applicant in securing another graduate medical education position. Failure to adhere to those requirements will be a breach of this Agreement.
4.0 Communications
4.1 Among Programs, Program Directors' Groups, and the NRMP
Complete, timely, and accurate exchanges of information are essential to the fellowship application and matching process.
All changes made by a program concerning positions must be approved by the NRMP institutional official responsible for that program. The NRMP institutional official is the person designated by the institution that sponsors the program to be responsible for overseeing the match process and to be the institution's official spokesperson to the NRMP on all matters regarding the institution's registered programs.
The program directors' group representing the programs in a particular specialty desiring to participate in the SMS must designate a "specialty representative" to be responsible for overseeing the match process and to be the group's official representative to the NRMP on all matters regarding the group's programs that register for the SMS Matching Program. The specialty representative will be responsible for negotiating the terms of the services to be provided for the specialty by the NRMP, and must have the authority to execute the "NRMP Program Directors' Annual Participation Agreement" on behalf of the group and to commit to the NRMP the active participation in the SMS Matching Program of 75 percent of the programs in such specialty and 75 percent of the available positions in a given year.
4.2 Schedules and Deadlines
An annual Schedule of Dates is published by the NRMP and is incorporated in this Agreement by reference. Time is of the essence in this Agreement and adherence to those dates is essential. All information must be received by the NRMP by the published deadlines.
The teaching hospitals and their programs set their own application deadlines. Applicants must comply with individual program schedules.
4.3 Completeness and Accuracy of Information
Applicants are responsible for the completeness, timeliness, and accuracy of the information provided to programs. The submission of information by an applicant during the interview and/or matching process that is false, misleading, incomplete, or plagiarized from another source is a violation of this Agreement.
Programs shall act in good faith to provide complete, timely, and accurate information to interviewees. Programs shall provide a copy of the contract the applicant will be expected to sign if matched to the program if such contract is available, or a copy of the contract currently in use. Programs also must provide all institutional policies regarding eligibility for appointment to a residency or fellowship position. The contract and all other information must be communicated to interviewees in writing prior to the applicable rank order list certification deadline.
The NRMP is not responsible for ensuring the accuracy of information exchanged between applicants and programs. However, if the NRMP believes it has received credible evidence that an applicant or program has violated the terms of this Agreement, the NRMP is authorized to take appropriate action, as described in Section 7.0 including, but not limited to, withdrawing the applicant or program from the SMS Matching Program and reporting the violation by the applicant or program to the ABMS, the ACGME, and/or the program directors' group, in accordance with Section 7.0.
4.4 Confidentiality
The information submitted to the NRMP on both applicant and program rank order lists is confidential. It is the policy of the NRMP not to disclose such information in any manner that permits individual identification of either applicants or programs.
5.0 Matching and Appointing Rules
5.1 Match Commitment
The listing of an applicant by a program on its certified rank order list or of a program by an applicant on the applicant's certified rank order list establishes a binding commitment to offer or to accept an appointment if a match results and to begin training on the date specified in the appointment contract. The binding commitment may be released only through the waiver procedures set forth in Sections 2.4 and 3.3 of this Agreement. Each such appointment is subject to the official policies of the appointing institution in effect on the date the program submits its rank order list and is contingent upon the matching applicant meeting all eligibility requirements imposed by those policies. Those requirements must be communicated to applicants in writing prior to the applicable rank order list certification deadline. It is recommended that each program obtain a signed acknowledgment of such communication from each applicant who interviews with such program.
Failure to honor this commitment by either party participating in a match will be a breach of this Agreement and may result in penalties to the breaching program or applicant, as described in Section 7.0.
Any program that discusses or offers a position to an applicant who matched to a concurrent year position in another program and who has not been granted a waiver by the NRMP will be in breach of this Agreement and may be subject to the penalties described in Section 7.0. Programs shall not interview or discuss with an applicant any potential position unless the program has first determined that the applicant is eligible for appointment. Programs shall determine the applicant's eligibility by verifying the applicant's match status in the Applicant Match History that is available in the Match Site and/or by calling the NRMP to obtain that information.
After the general announcement of match results, each program will forward letters of appointment to all applicants who have matched with that program. Applicants are expected to return one copy of the letter of acceptance to the program before the deadline stated in the letter.
5.2 Rank Order List Certification
To participate in the SMS Matching Program, programs and applicants must (a) register with the SMS Matching Program and (b) submit certified rank order lists electronically using the Match Site. Use of the Match Site requires Internet access using common browser programs, as described in the User Guide. Rank order lists cannot be submitted by mail or in any way other than through the Match Site.
Access to the Match Site is limited to registered programs and applicants and other authorized users. Each authorized user must enter a unique code and password.
The rank order list ("ROL") can be entered in more than one session and can be modified multiple times prior to the ROL certification deadline. Parties are encouraged to finish this process at least a week before the ROL certification deadline, prior to the peak utilization period when the Match Site may be less accessible. THE NRMP DOES NOT GUARANTEE THE AVAILABILITY OF THE MATCH SITE AND WILL NOT MODIFY IN ANY WAY THE RANK ORDER LISTS OF APPLICANTS OR PROGRAMS.
5.3 Program Changes
Programs may make quota changes, additions, withdrawals, and other changes in the positions they desire to fill through the SMS Matching Program. Such changes must be approved by the institutional official responsible for the program making the change as described in Section 4.1, and must be made on the Match Site by the quota change deadline for the SMS Match in question. Exceptions to this deadline may be requested by the program director institutional official for cases of extreme emergency, such as loss of funding or accreditation. In such cases, a written request for relief should be made to the NRMP.
6.0 Restrictions on Persuasion
One of the purposes of the SMS Matching Program is to allow both applicants and programs to make selection decisions on a uniform schedule and without coercion or undue or unwarranted pressure. Both applicants and programs may express their interest in each other; however, they shall not solicit verbal or written statements implying a commitment. Applicants shall at all times be free to keep confidential the names or identities of programs to which they have or may apply. In addition, it is a breach of the applicable Match Participation Agreement for:
(a) a program to request applicants to reveal ranking preferences; or
(b) an applicant or a program to suggest or inform the other that placement on a rank order list is contingent upon submission of a verbal or written statement indicating ranking intentions; or
(c) a program to require applicants to reveal the names or identities of programs to which they have or may apply; or
(d) a program and an applicant in the SMS Matching Program to make any verbal or written contract for appointment to a concurrent year residency or fellowship position prior to the release of the List of Unfilled Programs.
Only the final preferences of programs and applicants, as expressed
on their final certified rank order lists, will determine the offering
of positions and the placement of applicants through the SMS Matching
Program.
7.0 Match Violations
7.1 NRMP Violations Policies and Procedures
All SMS Matching Program participants shall behave in an ethical and responsible manner during the matching process and shall comply with the terms and conditions of this Agreement. It is the policy of the NRMP to investigate alleged breaches of this Agreement, including but not limited to: failure to provide complete, timely, and accurate information during the interview and matching process; discrepancies in graduation credentials; attempts to subvert eligibility requirements or the matching process itself; failures to offer or accept an appointment as required by the results of a match; and any other irregular behavior or activities that occur in connection with registration, the submission or modification of a rank order list, and/or the participant's commitment to honor the match outcome. SMS Matching Program participants shall report to the NRMP any suspected violation of the applicable match participation agreement.
The NRMP Policies and Procedures for Reporting, Investigation, and Disposition of Violations of NRMP Agreements ("Violations Policy") shall govern the NRMP's handling of match violations and are incorporated by reference in and are an integral part of this Agreement.
At any time the NRMP may withdraw any applicant or program from the SMS Matching Program if the NRMP believes it has received credible evidence that the applicant or program has violated the terms of this Agreement. Upon withdrawing an applicant or program from the SMS Matching Program, the NRMP shall note in the Registration, Ranking, and Results (R3) System that the applicant or program is the subject of "pending action" until the applicant or program has waived or exhausted the opportunity to contest the adverse action. Applicants or programs withdrawn under sections 2.3.2 (b), 3.2 (b), or 7.0 of this Agreement shall be afforded an opportunity to be heard in accordance with the Violations Policy.
Upon confirmation by a Review Panel that the applicant or program has violated the terms of this Agreement, the NRMP shall note in the Registration, Ranking, and Results (R3) System that the applicant or program is the subject of a "pending action" if the applicant or program elects to contest the adverse action. The designation shall remain in place until the applicant or program has waived or exhausted the opportunity to contest the adverse action pursuant to the Violations Policy.
7.2 Consequences of Confirmed Violations
The consequences of a confirmed violation of this Agreement are set forth in the Violations Policy. They include the following:
7.2.1 Applicants
If the NRMP's investigation of an alleged violation results in a finding that an applicant has committed a violation of this Agreement, the processing of the applicant's rank order list may be interrupted. The NRMP at its discretion may withdraw the applicant from the SMS Matching Program.
The NRMP's Final Report on the confirmed violation will be delivered to the applicant with copies to:
(1) the applicant's medical school official, with a request that the Final Report be placed in the applicant's permanent file
(2) the Educational Commission for Foreign Medical Graduates if the applicant is a graduate of an international medical school
(3) the NRMP institutional official and the director of the program to which the applicant matched
(4) the NRMP institutional official and the director of the program to which the applicant has applied or switched (if known)
(5) the party who originally reported the violation
(6) the NRMP Executive Committee
(7) the American Board of Medical Specialties
(8) the applicant's residency program director
(9) the Federation of State Medical Boards if the applicant is to be permanently identified as a match violator or permanently barred from future NRMP matches
(10) any parties whom the NRMP has determined are relevant to its investigation
In addition, the applicant may be barred from subsequent NRMP matches and/or identified as a match violator to participating programs for one to three years or permanently, as determined by the NRMP. The applicant also may be barred from accepting or starting a position in an NRMP match-participating program that would commence training within one year from the date of issuance of the Final Report. Further, any matched applicant who does not accept his/her matched position and has been denied a waiver of his/her match commitment may be barred from accepting or starting a position in an NRMP match-participating program that would commence training within one year from the date of the NRMP's decision on the waiver.
The decision conveyed in the Final Report will be reflected in the Match Site Applicant Match History for one to three years or permanently, as determined by the NRMP. Term limits of any sanction(s) imposed for the violation will be included to identify the length of time the action is in effect.7.2.2 Programs
If the NRMP's investigation of an alleged match violation by a program results in a finding that a program has committed a material violation of this Agreement, the processing of the program's rank order list may be interrupted. The NRMP at its discretion may withdraw the program from the SMS Matching Program.The NRMP's Final Report on the confirmed violation will be delivered to the program director with copies to:(1) the NRMP institutional official for transmittal to the institution's graduate medical education committee
(2) the chair of the institution's graduate medical education committee
(3) the ACGME for distribution to the respective Residency Review Committee (RRC) and the Institutional Review Committee
(4) the respective specialty program director association
(5) the party who originally reported the violation
(6) the NRMP Executive Committee
(7) any parties whom the NRMP has determined are relevant to its investigation
In addition, the program may be barred from future NRMP matches and/or identified as a match violator for one to three years or permanently, as determined by the NRMP. The decision conveyed in the Final Report will be reflected in the Institution and Program Violations report in the Match Site for one to three years or permanently, as determined by the NRMP. Term limits of any sanction(s) imposed for the violation will be included to identify the length of time the action is in effect.
A program is prohibited from offering a position to an applicant who has been barred for one year from accepting a position in an NRMP match-participating program because his/her waiver request has been denied or because of a confirmed violation of an NRMP Match Participation Agreement. If a program offers a position to such applicant, or if an applicant accepts such a position, and training would commence within one year of the date of the NRMP's waiver decision or the date of issuance of the Final Report, the NRMP will initiate an investigation to determine whether the applicant or program has violated the terms of the Agreement.
8.0 Fees and Fee Refunds
8.1 Applicant Fee
8.1.1 Applicant Registration Fee
The applicant must pay an applicant registration fee before the NRMP will accept the applicant's registration.
8.1.2 Couples' Fee
Each partner of a couple must pay a couple registration fee at the time of registering as a couple. The couples' fee is not refundable if the partners subsequently decide not to participate in the match as a couple.
8.1.3 Unpaid Applicant Fees
Applicants whom the NRMP withdraws from the SMS Matching Program due to unpaid fees will not be allowed access to the List of Unfilled Programs. In addition, applicants who authorize a credit chargeback for any of the above-mentioned fees will not be allowed access to the List of Unfilled Programs and may be barred from participation in future matches.
8.2 Program Fee
Each institution must pay an institution registration fee, a program registration fee or each of its registered programs, and a matched applicant fee for each applicant with whom a program matches successfully. The NRMP will invoice the institution for those fees and all incurred expenses, which must be paid within thirty (30) calendar days of the invoice date. The invoice will be sent to the institutional official, who will be responsible for ensuring prompt payment.
8.3 Fee Payment Procedures
All fees must be paid in US dollars by credit card or by bank checking account through the Match Site by the due date for such fees. Applicant registration fees must be paid at the time of registration. By electing to pay by credit card or checking account, each applicant authorizes the NRMP to supply the bank with information it requires in order to resolve inquiries regarding related credit card charges or account withdrawals. If the credit card or checking account is not approved for the amount necessary to cover the applicable fees, the applicant will not be allowed to register unless replacement credit card or checking account information is entered through the Match Site and processed successfully prior to the scheduled opening of the Match Site for rank order list entry.
8.4 Fee Refunds; Overdue Fees
The fees paid by applicants, programs, and institutions are not refundable.
Rank order lists will not be accepted from any applicant whose registration fee, or any other fees due the NRMP, have not been paid. Applicants and programs with unpaid NRMP fees will be withdrawn from the Matching Program.
9.0 Use of Information
Each program and applicant authorizes the NRMP to use any information provided by such program or applicant to the NRMP in any study approved by the NRMP, provided that no information clearly and uniquely identifiable with such program or applicant is disclosed in reports resulting from such study.
Each applicant also authorizes the NRMP to release applicant SMS Matching Program results to each program that ranked the applicant on the program's ROL, to the specialty representative to the NRMP, and to those program directors who request such information to verify whether the applicant was matched.
10.0 Representations and Warranties
Each program and applicant represents and warrants to the NRMP that all of the information provided, or that will be provided, by such program or applicant to the NRMP is complete, timely, and accurate to the best of such program's or applicant's knowledge at the time such information was or will be provided and at the time of certification of such program's or applicant's rank order lists. Each applicant further represents that he/she has authorized all institutions and individuals who may possess this information to disclose it to the NRMP for purposes of verification.
11.0 Disclaimers
The parties acknowledge that the fees charged by the NRMP for participation in the SMS Matching Program include no consideration for any assumption by the NRMP of the risk of any damages that may arise in connection with any program's or applicant's participation in the SMS Matching Program or utilization of the Match Site. Each party agrees that neither:
(a) the NRMP,
(b) the current managing agent for the NRMP, the Association of American Medical Colleges, or any successor managing agent (the "Managing Agent"),
(c) any vendor providing equipment, software, or services to the NRMP or the Managing Agent ("Vendor"), nor
(d) any director, officer, employee, affiliate, or agent of the NRMP, the Managing Agent, or any Vendor,
will be liable for any loss, damage, cost, or expense whatsoever, direct or indirect, regardless of the cause, that may arise out of, or be in any way related to, the use of the SMS Matching Program, the Match Site, or the automated systems and services utilized by the NRMP or the Managing Agent to implement the SMS Matching Program or to send notices, including, but not limited to: (a) the suspension or termination of, or the inability to use, all or any part of the Match Site; (b) the erroneous transmission of any data or the transmission of any erroneous data; (c) any failure or delay suffered or allegedly suffered by any party in receiving or sending any rank order list or other information or in certifying a rank order list, however caused; (d) the delivery or transmission of any virus, worm, or other disruptive device; or (e) any other cause in connection with the furnishing of services or notices by the NRMP or the Managing Agent or the performance, maintenance, or use of, or inability to use, all or any part of the Match Site. The foregoing will apply regardless of whether a claim arises in contract, tort, negligence, strict liability, or otherwise.
The automated systems and services utilized by the NRMP or the Managing Agent to implement the SMS Matching Program and the Match Site are provided "AS IS" and "AS AVAILABLE." NONE OF THE NRMP, THE MANAGING AGENT, ANY VENDOR, OR ANY OF THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, OR AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH SERVICES, THE MATCH SITE, OR THE SMS MATCHING PROGRAM, OR TO THE ACCURACY, COMPLETENESS, SECURITY, TIMELINESS, OR RELIABILITY OF THE INFORMATION TO WHICH ANY PARTY HAS ACCESS OR TRANSMITS OR RECEIVES THROUGH THEM OR THROUGH ANY OTHER AUTOMATED SYSTEM. ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARE EXPRESSLY EXCLUDED. No oral or written information or advice given by the NRMP, the Managing Agent, any Vendor, or any of their directors, officers, agents, affiliates, or employees will create a warranty, and no party may rely on any such information or advice.
There is no assurance that the information to which the parties have access through the Match Site will be accurate, complete, secure, timely, or reliable, or that the Match Site or the automated services utilized by the NRMP or the Managing Agent will be error-free or operate without interruption. In particular, and without limiting the generality of the foregoing, the NRMP makes no warranty that certified rank order lists processed through use of such automated services will be properly executed. Each program and applicant is solely responsible for verifying that its/his/her certified rank order list has been duly entered and certified.
12.0 Limitation of Liability
IN NO EVENT WILL THE NRMP, THE MANAGING AGENT, OR ANY VENDOR OR AFFILIATE BE LIABLE FOR ANY DAMAGES AS A RESULT OF ANY NEGLIGENT ACT OR OMISSION OF THE NRMP, THE MANAGING AGENT, OR ANY VENDOR OR AFFILIATE, IRRESPECTIVE OF WHETHER THE INJURED PARTY IS A PROGRAM, AN APPLICANT, OR A THIRD PARTY.
13.0 Notices
All notices to the NRMP, other than those given in accordance with Section 7.0, must be given either by email at nrmp@aamc.org or through the Match Site and are effective upon receipt. The NRMP is not responsible for delays in email or Internet service. Any notices or documents received by the NRMP after the relevant deadline date will not be considered.
All notices, other than those given in accordance with Section 7.0, to applicants or programs will be given either by (a) email to the email address provided by such party to the NRMP upon submission of such party's registration in the Match Site or (b) through the Match Site while the applicant or program is logged on to the site. All notices to applicants or programs given by email will be deemed given twenty-four (24) hours after sending, unless the sending party is notified that the email address is invalid or that the message was not delivered. All notices given by the NRMP during an applicant's or program's session on the Match Site will be deemed given at the time of such session.
14.0 Dispute Resolution
Except for the granting or denial of a waiver as noted in Sections 2.4 and 3.3 of this Agreement, all disputes arising out of, or related to, the Matching Program, this Agreement, or the breach thereof, between or among the NRMP and any applicant or program participating, or seeking participation, in the SMS Matching Program must be settled by arbitration in accordance with the Commerical Arbitration Rules of the American Arbitration Association then in effect, unless the parties to the dispute mutually agree otherwise. Notwithstanding the foregoing, no arbitrator shall have power to adjudicate any dispute as a class arbitration or as a consolidated arbitration without the express consent of all the parties to any such dispute. Notice of the demand for arbitration must be filed in writing with all other parties to the arbitration and with the American Arbitration Association. A demand for arbitration in a matter that is covered by the Violations Policy must be made in accordance with the Violations Policy. The arbitrators must conduct all arbitration proceedings in the Office of the NRMP in Washington, DC or at such other location in Washington, DC as mutually agreed upon by the parties. Each party will share equally in the cost of arbitration, except that the party requesting arbitration must pay the filing fee in its entirety. The burden shall be on the applicant or program to demonstrate by clear and convincing evidence that an adverse decision by the NRMP was without basis-in-fact or in violation of the Agreement. The award by the arbitrator or arbitrators will be final and must be in writing. Judgment upon the award rendered may be entered in any court having jurisdiction thereof, so long as the arbitrators acted in good faith. The arbitrator shall not have the power to make an award that is inconsistent with the provisions of this Agreement or with District of Columbia substantive law.
15.0 Limitation of Action
No claim or cause of action, regardless of form, arising out of or related to the SMS Matching Program, this Agreement, or the breach thereof, or any other dispute between the NRMP and any applicant or program participating, or seeking participation, in the Matching Program, may be brought in an arbitral, judicial, or other proceeding by any party more than 30 calendar days after the cause of action has accrued, regardless of any statute, law, regulation, or rule to the contrary ("Limitation Period"). The Limitation Period shall commence the day after the day on which the cause of action accrued. Failure to institute an arbitration proceeding within the Limitation Period will constitute an absolute bar and waiver of the institution of any proceedings, whether in arbitration, court, or otherwise, with respect to such cause of action. A cause of action that has become time-barred may not be exercised by way of counter claim or relied upon by way of exception.
In addition, any party who desires to contest a decision of a Review Panel of the NRMP must notify the NRMP of its intent to seek arbitration within 10 business days from that party's receipt of the Panel's report and must file a demand for arbitration within 30 calendar days of receipt of such report, in accordance with the terms of the Violations Policy. If notice of a party's intent to seek arbitration is not received by the NRMP in accordance with the Violations Policy, or if the party does not file a demand for arbitration in accordance with the Violations Policy, that party is deemed to have waived and is barred from later filing a demand for arbitration or seeking other relief.
16.0 General
This Agreement is governed by the laws of the District of Columbia, excluding its choice of law provisions.
The headings of the Sections of this Agreement have been inserted for convenience of reference only and shall in no way restrict or otherwise affect the construction of the terms or provisions of this Agreement. Unless indicated otherwise, references in this Agreement to Sections are to Sections of this Agreement.
If any provision of this Agreement is found in any arbitration proceeding or by any court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to achieve the purpose originally intended, if possible, and the validity, legality, and enforceability of the remaining provisions will not be affected or impaired and are to be enforced to the maximum extent permitted by applicable law. If any remedy set forth in this Agreement is determined to have failed of its essential purpose, then all other provisions of this Agreement will remain in full force and effect.
Failure of any party to act or exercise its rights under this Agreement upon the breach of any other terms hereof by any other party is not to be construed as a waiver of such a breach or prevent such party from later enforcing compliance with any or all of the terms hereof. This Agreement contains the entire agreement between the parties with respect to the Matching Program and its results. Any representations, promises, or conditions not incorporated in this Agreement will not be binding upon any of the parties. No modification of this Agreement shall be effective unless in writing and executed by the party against whom it is to be enforced.
Updated: July 2009
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