Today the National Association of Boards of Pharmacy (“NABP”) and the Board of Regents of the University System of Georgia entered into a settlement agreement that resolves a four-year dispute.
The NABP develops and administers for its member Boards national pharmacy licensing examinations including the North American Pharmacist Licensure Examination (“NAPLEX”) and the Multistate Pharmacy Jurisprudence Examination (“MPJE”). The NABP copyrighted examinations are an important component of the pharmacist licensure process in Georgia and throughout the United States.
For many years, as part of the University of Georgia College of Pharmacy’s Office of Continuing Education and Outreach, a professor employed by the University offered a pharmacy board review course to review with pharmacy school graduates their course work to prepare graduates to take these licensure exams. In 1995, NABP alleged that content from its examinations was obtained and distributed by this professor to University board review course participants; and to resolve the matter, the Board of Regents of the University System of Georgia, the University faculty member, and NABP entered a settlement agreement.
In 2007, NABP became aware of facts suggesting that the now former University faculty member obtained and distributed, at the University and at other colleges of pharmacy where he taught a board review course, actual or closely paraphrased questions from the NAPLEX and MPJE which allegedly infringed on the NABP ownership rights in the examinations. Upon learning of this, the College of Pharmacy immediately discontinued use of the disputed materials and took numerous specific precautions to ensure that such materials would not be used in future pharmacy board review courses at the University of Georgia. In the settlement, the University has affirmed its commitment to work with the NABP to ensure respect for the NABP’s rights and for the confidentiality of the NABP examinations among pharmacy school faculty and students.