Law student's heart attack during bar exam at Hofstra prompts 'Clock Should Stop Act'

The New York State Board of Law Examiners must establish new protocols and protections for test takers after a Fordham Law student went into cardiac arrest during the bar exam at Hofstra University, but the test continued uninterrupted, according to legislation introduced by a Brooklyn assemblywoman.

Meanwhile, a Long Island lawmaker is demanding answers from the head of the Board of Law Examiners, arguing the response to the medical crisis "appeared disorganized, delayed, and lacking in clear protocol."

The female victim, who suffered a life-threatening medical emergency shortly before the lunch break on July 30, the second day of the two-day exam, is recovering after receiving a defibrillator implant Monday afternoon, she announced on a GoFundMe page organized by a friend to help cover her medical bills.

The GoFundMe has raised more than $29,000 to date for the Fordham Law School graduate.

The victim, whom Newsday is not identifying for privacy reasons, said she suffered "moderate memory loss" during" the incident "but am hopeful that it will also get better."

On Thursday, State Assemb. 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 during the bar exam, such as medical and criminal incidents or natural disasters.

The measure would permit proctors to use cellphones during these types of emergencies and then force an immediate pause of the exam, which is required to become a licensed attorney.

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, 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 Friday, 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, told Newsday 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, Assemb. 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 Friday. "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.

Newsday has sought details about Hofstra's response time to the incident and a copy of all reports issued by Hofstra's Public Safety office but has yet to receive either.

The Board of Law Examiners, Hofstra officials said last week, rents space for the exam and the university was not involved in the decision to keep going with the test.

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.