The National Association of Boards of Pharmacy announced Tuesday that it “cautiously estimates” reinstating the national pharmacy licensure exam in November while it continues to seek information through a civil law suit against the Board of Regents and Flynn Warren Jr.

The NABP filed a motion Tuesday to release more discovery requests. The motion contains six attachments – three directed at the BOR and three at Warren.

According to court documents obtained by The Red & Black through an open records request filed last week, the NABP made 34 different requests for documents and information pertaining to every review course and class taught by Warren at the University since 1990.

The NABP filed a lawsuit against Warren and the Board of Regents on Aug. 3.

According to court documents, the NABP is investigating Warren for collecting and disseminating exam questions protected by copyright regulations. The court papers cite copyright infringement, misappropriation of trade secrets and breach of contract in the lawsuit.

On Aug. 23, the NABP suspended all administrations of the NAPLEX and other compromised tests.

The exams “will be reactivated as soon as possible when NABP is confident that both examinations are able to validly assess the entry-level competence of pharmacists to safely practice pharmacy,” according to the NABP Web site.

The motion, filed by NABP, requested the BOR admit whether Warren was acting “within or outside the scope of his employment” in teaching the review courses. It also requested the identification of each and every member of the BOR with knowledge of the NAPLEX review course.

The motion also requested documents be produced regarding review courses taught by Warren.

The court papers call for the names of everyone employed by the College of Pharmacy and every member of the BOR since 1995.

The NABP requested information about any extra or course credit awarded by Warren to students relating to supplying questions or answers of “actual or purported” NAPLEX questions, according to the motion filed a month after the case was brought forward.

NABP requested, “whether Warren was compensated for teaching such Review Course” by the BOR, the College of Pharmacy, the University or a third party, according to court documents.

In court documents, the NABP refers to a “Settlement” reached with Warren and the University in 1995.

The “Settlement” states both Warren and the University would “cease and desist for profit or otherwise from all past, present, and future copying, transcribing or other infringing use of NABP copyrighted materials, including but not limited to patient profiles, sample questions or other copyrighted information.”

In 2005, Warren submitted a request for instruction overload after teaching a board review for the Postgraduate Continuing Education & Outreach. The University compensated Warren $1,600 for the review, according to the request Warren filed. The Red & Black filed an open records request last Thursday for financial records of Warren’s review course. University officials said it would take five days to produce the documents.

Warren called The Red & Black Thursday and said he could not comment because the case is sealed.

Warren retired from the College of Pharmacy in June after nearly 43 years at the University.

According to his employee file, Warren began administering review courses in 1986.

Warren, who began as a pharmacy graduate student in 1965, was selected as assistant dean for Student Affairs in 2002 and won teacher-of-the-year in 1991.

In his official notification of retirement, submitted November 2006, Warren stated his intention to continue working part- time at the University after his planned retirement in June.

“I do intend to continue to offer programs in continuing education, especially the examination preparation review courses,” Warren wrote in the notification. Warren teaches an elective class this semester.

He is scheduled to teach a class in the spring, according to University Vice President for Public Affairs Tom Jackson’s comments last week to the Red & Black.