Innovations Annual Meeting - 2021 - 5

Legal Affairs Report - 2020-2021 Annual Meeting
In an extraordinary year, NABP staff poured their smarts and hearts into supporting member boards of pharmacy in their efforts to innovate
and overcome challenges in an entirely virtual world. Legal Affairs teamed with other NABP staff to offer boards tools and solutions in a
variety of areas, including licensure, examinations, accreditation, and contracts.
Board Support
During the pandemic, Legal Affairs has
focused on providing efficient, informed, and
practical services. The legal team negotiated
critical contracts to boost the number of
seats available to candidates seeking to take
the North American Pharmacist Licensure
Jurisprudence Examination®
and Multistate Pharmacy
and ensure
that stringent security measures remain
in effect. Legal Affairs' strategies to cancel
hospitality contracts and avoid penalties have
been quite successful and were shared with
boards facing similar situations. The team
helped staff develop materials for the NABP
Emergency Passport Program, which grants
temporary licensure to qualifying individuals
seeking to practice in a participating state.
Additionally, inspection- and accreditationrelated
agreements were drafted to
acknowledge risk and other terms to better
protect the Association and promote the
performance of inspections and accreditation
surveys that many boards utilize.
Educational Endeavors
In September 2020, the Legal Affairs team
hosted a Case Law Review Webinar to
educate board counsel on the latest health
care regulatory and administrative board
cases of interest to attorneys who counsel or
prosecute on behalf of boards of pharmacy.
Four attorneys, who provide counsel to
the Delaware, Minnesota, Mississippi, and
Missouri Boards of Pharmacy, each presented
a recent case. The attorneys provided details
about each matter, the history of the case, or
the state's prosecutorial and administrative
review processes, which further engaged
webinar participants. A question-and-answer
session was offered to participants, as was a
compilation of administrative and regulatory
case summaries, with citations, covering
issues such as the standard of review for
regulatory board cases, board subpoenas,
abuse of discretion, and unlicensed practice.
Legal Affairs and NABP staff will host an
educational and interactive forum for board
legal counsel and compliance officers this
year. The Interactive Compliance Officer and
Legal Counsel Forum is currently scheduled
to be held in person from November
30-December 1, 2021.
Litigation Update
NABP is a party to three lawsuits:
* In January 2020, the Association filed
a lawsuit against an individual alleging
copyright infringement of NABP
examination questions. The individual
denied NABP's allegations, and the case
remains pending.
* A federal court in New Jersey dismissed
all counts of the lawsuit filed against
NABP by three drug distributors. The
distributors sought to stop operation
of the NABP Drug Distributor
Accreditation and recover monetary
damages based upon claims that NABP
purportedly made about the ease of
earning accreditation, among other
things. Two distributors appealed the
December 2020 dismissal of the case.
* In March 2021, a federal court in New
York denied the NABP motion to
dismiss a lawsuit filed by an organization
that accredits international pharmacies
shipping medications to the United
States. Four of the five organizations
that were sued remain defendants in the
lawsuit. The international pharmacy
accreditor argued that NABP conspired
with the others to exclude it from
internet search engine results and reduce
consumer choice, among other claims.
NABP denies the allegations in this case,
which remains pending.
NABP is vigorously protecting its assets and
operations in all three cases, but it is not able to
comment otherwise on the pending litigation.
Legal Affairs and NABP staff continue
their commitment to serve member boards
during such a difficult and stressful period.
The strengthening of the Associationmember
board partnership over the last 12
months resulted in key program and service
enhancements that will be carried forward
in support of their shared public health
protection goal.

Innovations Annual Meeting - 2021

Table of Contents for the Digital Edition of Innovations Annual Meeting - 2021

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