ORIGINAL

1 STATE OF NEVADA
2 BEFORE TEE BOARD OF DENTAL EXAMINERS
3 __________________

NEVADA STATE BOARD OF DENTAL

EXAMINERS, Case No. 74127-02553
5
Complainant,
6
7 VS. . CORRECTIVE ACTION
NON DISCIPLINARY
g DAVID T. TING, DMD, STIPULATION AGREEMENT
9 Respondent.
10
11
12 IT IS HEREBY STIPULATED AN]) AGREED by and between DAVID T. TING,
13 DMD (“Respondent” or “Dr. Ting”), by and through his attorney, MICHAEL R. MUSHKIN,
14 ESQ., and the NEVADA STATE BOARD OF DENTAL EXAMINERS (hereaftQr the “Board”),
15 by and thrcugh BRADLEY ROBERTS, DDS, Disciplinary Screening Officer (“DSO”), and the
16 Board’s attorney, JOHN A HUNT, ESQ., of the law firm MORRIS POLICH & PURDY, LLP,
17 as follows via this Corrective Action Non Disczplinary Stipulation Agreement (“Stipulation
18 Agreement” or “Stipulation”):
19
20 1. On August 3, 2012, Respondent made inquiry to the Board office whether an employee
21 of Respondent, Lynnann M. Bard possessed a license to practice dental hygiene in the State of
Nevada.
22
23 2. Via a Notice of Investigative Complaint & Request for Recoi’ds dated August 27, 2012
24 (“Notice”), the Board notified Respondent the Board at a properly notiped meeting on August 17,
25 2012, pursuant to agenda item 3 (d)(4), authorized an investigative complaint regarding possible
26 violation of NRS 631.346(1), NRS 631.395(11), and NAC 631 .230(1)(r).
27
28 Page lof8
Morth PoUch & Purdy, LLP
500 S. Rancho Ddve, Suke 17 _____________

Lasr.NcvadaS9IO6 Respond nt’s initials Respondent’s attorney’s initials’

 1 3. Respondent, through his attorney, responded to the Notice via written response (and
2 attachments) dated September 10, 2012.
3
4 4. Respondent, on or about November 8, 2012, provided the Board with a CD containing
documents bate numbered 000001-000603 as a supplement to his response to the Notice.

6
5. Based upon the limited investigation conducted to date, Disciplinary Screening Officer,
Bradley Roberts, DDS, applying the administrative burden of proof of substantial evidence as set
8 forth in State, Einp. Security v. Hilton Hotels, 102 Nev. 606, 608, 729 P.2d 497, 498 (1986); and

see Minton v. Board ofMedical Examiners, 110 Nev. 1060, 881 P. 2d 1339 (1994), see also NRS
10 233B.135(3)(e), but not for any other purpose, including any other subsequent civil action,
11 believes there is substantia.l evidence Respondent employed, directly or indirectly, an unlicensed
12 dental hygienist to perform operations to treat or correct the teeth or jaw, in violation of NRS
13 631.346(1).
14
15 6. Based upon the limited investigation conducted to date, Disciplinary Screening Officer,
16 Bradley Roberts, DDS, applying the administrative burden of proof of substantial evidence as set
17 forth in State, Etnp. Security v. Hilton Hotels, 102 Nev. 606, 608, 729 P.2d 497, 498 (1986); and
18 see Minton v. Board ofMedical Examiners, 110 Nev. 1060, 881 P. 2d 1339 (1994), see also NRS
19
233B.l35(3)(e), but not for any other purpose, including any other subsequent civil action,
20
21 believes there is substantial evidence Respondent, as a dentist who owns a dental practice, failed
22 to verify if Ms. Bard was a licensed dental hygienist before offering employment or contracting
23 for services, in violation of NAC 631 .23O(1)(r).
24
25

26
28
MotHs Polkh & Purdy, LLP
500 S. Rancho Drive. Suite Il
Las ~csas.Nevada 89106
Fax (702)i62.S400
Applying the administrative burden of proof of substantial evidence as set forth in State,
Emp. Security v. Hilton Hotels, 102 ‘Nev. 606, 608, 729 P.2d 497, 498 (1986); and see Minton v.
Board of Medical Examiners, 110 Nev. 1060, 881 P. 2d 1339 (1994), see also NRS
Page2of8
___________
Respondent’s initials Respondent’s attorney’s iniffEls
 1 233B.135(3)(e), Respondent, without admitting to the opinions of the Disciplinary Screening
2 Officer contained in Paragraphs 5 and 6 above, acknowledges for settlement purposes only, if
~ this mailer were to proceed to a flu board hearing, substantial evidence exists Respondent
~ employed, directly or indirectly, an unlicensed dental hygienist to perform operations of any kind
to treat or correct the teeth or jaw, in violation of NRS 631.346(1) and that Respondent, as a

6 dentist who owns a dental practice, failed to verif3, if Ms. Bard was a licensed dental hygienist
before offering employment or contracting for services, in violation of NAC 631 .230(l)(r).
7
8 8. Based upon the limited investigation conducted to date, the findings of the Disciplinary
9 Screening Officer, Bradley Roberts, DDS, and Respondent’s acknowledgment contained in
10 Paragraph 7 above, the partics have agreed to resolve the pending investigation pursuant to the
11 following corrective terms and conditions:
12 a. Respondent agrees to retake the jurisprudence test as required by NRS 63 1.240(2)
on the contents and interpretation of NRS 631 and the regulations of the Board.
13 Respondent shall have ninety (90) days, commencing upon the date of adoption of this
14 Stipulation by the Board, to complete the jurisprudence test. Respondent upon adoption
of this stipulation shall receive a user/name and password to enable Respondent to access
15 the online Jurisprudence Examination. In the eyent Respondent fails to succes~flilly
complete the jurisprudence test within ninety (90) days of the date of adoption of this
16 Stipulation by the Board, Respondent agrees his license to practice dentistry in the State
17 of Nevada shall be automatically suspended without any fhrther action of the Board other
than issuance of an order by the Executive Director. Upon successfiil completion of the
18 jurisprudence test, Respondent’s license to practice dentistry in the Stateof Nevada will
be automatically reinstated, assuming all other provisions of this Stipulation afe in
19 compliance. Respondent agrees to waive any right to seek injunctive ±elief from any
20 Federal or State of Nevada District Court to prevent the automatic suspension of
Respondent’s license to practice dentistry in the State of Nevada due to Respondent’s
21 failure to comply with Paragraph 8.a. Respondent shall also be responsible for any àosts
or attorney’s fees incurred in the event the Board seeks injunctive relief to prev~nt
22 Respondent from practicing dentistry during the period Respondent’s licen~e is
23 automatically suspended.
24
25 b. Respondent agrees to cçntribute the sum of twenty-five-thousand ($25,000.00)
Dollars to the Commumty Health Alliance, “Adopt a Vet Program” a non-profit dental
26 program which serves the dental needs of disadvantage veterans in Northern Nevada and
the sum of tWenty-five-thousand ($25,000.00) Dollars to the Huntridge Teeai Clinic a
27 non-profit clinic which serves the under privileged in Las Vegas, Nevada. The sums due
28 Page3of8
joni, Pdlich & Purdy, LLP V
00 S. Rancho Drive, Srite ‘7 __________
asVçga~cvdaS9106 Respondent’s initials Respondent’s attorney’s initials
~i (702) 862-~400
 L~__

1 shall be delivered to the Board made payable to the respective charity within ninety (90)
2 days of the Boards adoption of this Stipulation.
3
c. Respondent agrees to reimburse the Board for the cost of the investigation in the
4 amount of Six Thousand Two Hundred and xxIlOO Dollars ($6,250.00) within thirty
days (30) days of the adoption of this Stipulation Agreement.

6 ~ Respondent agrees within fourteeni (14) day of receiving a verified complaint from
any patient and/or insurance provider regarding treatment received by the unlicensed
hygienist, Lynnann M. Bard, Respondent shall deliver to the Board a check made payable
8 to the complaining party in an amount equal to any services billed by the unlicensed
hygienist, Lynnaun M. Bard.
9
e. In the event Respondent defaults on any of the payments contained in either
10 Paragraph 8.b., 8c and/or 8d Respondent agrees his license to practice dentistry in the
State of Nevada may be automatically be suspended without any fUrther action of the
Board, other than issuance of an Order of Suspension by the Executive Director.
12 Subsequent to the issuance of the Order of Suspension, Respofldent agrees to pay a
liquidated damage amount of Twenty-Five and ~bc/100 Dollars ($25.00) for each day
13 Respondent is in default on any of the payments contained in either Paragraph 8.b.,
14 and/or 8c. Upon curing the default on any of the payment(s) contained in either
Paragraph 8.b., 8c, and/or 8d and paying the reinstatement fee pursuant to NRS
15 63 1.345. Respondent’s license to practice dentistry in the State of Nevada will
automatically be reinstated by the Executive Director of the Board, assuming there are no
16 other violations of any of the provisions contained in this Stipulation. Respondent shall
17 also be responsible for any costs or attorney’s fees incurred in the event the Board hasto
seek injunctive relief to prevent Respondent from practicing dentistry during the period in
18 which his license is suspended. Respondent agrees to waive any right to seek injunetite
relief from any court of competent jurisdiction; including a Nevada Federal District Court
19 or the Nevada State District Court to reinstate her license prior to curing any default on
20 the amount(s) due and owing.
21 f. In the event Respondent fails to cure any defaults in payment within forty-Jive
22 (45) days of the default, Respondent agrees the amount may be reduced to judgment.
23 g. Respondent waives any right to have the amount owed pursuant to either
Paragraph 8.b., 8c and/or 8d discharged in bankruptcy.
24
25 CONSENT
26 9. Respondent has read all of the iYitVisiOn~ eofftEihed iii this Stipulation Agreement aiid
27 agrees with them in their entirety.
28 Page4of8
Morris Polish & Purdy, flY
500 S. Rancho Drive, Slake 17 -
Lao Vegas, Nevada 89306 Respondent’s initials Respondent’s attorney’s initials’
Fax (702) 862-8400
 2 10. Respondent is aware by entenng into tins Stipulation Agreement, he is waiving certain
~ valuable due process rights contained in, but not limited to, NRS 631, NAC 631, NRS 233B and
4 NAC233B.
5
6 ~ Respondent expressly waives any right to challenge the Board for bias in deciding
7 whether or not to adopt this Stipulation Agreement in the event this matter was to proceed to a
8 fill Board hearing.
9
10 12. Respondent and the Board agree any statements and/or documentation made or
considered by the Board during any properly noticed open meeting to determine whether to

12 adopt or reject this Stipulation Agreement are privileged settlement negotiations and therefore
13 such statements or documentation may not be used in any subsequent Board hearing or judicial
review, whether or not judicial review is sought in either the State or Federal District Court.
14
15
16 13. Respondent has reviewed this Stipulation with his attorney, Michael R. Mushkin, Esq.,
17 who has explained each and every provision contained in this Stipulation to the Respondent.

14. Respondent acknowledges he is consenting to this Stipulation Agreement voluntarily,

19 without coercion or duress and in the exercise of his own free will.
20
21 15. Respondent acknowledges no other promises in reference to the provisions contained in
22 this Stipulation Agreement have been made by any agent, employee, counsel or any p&son
23 affiliated with the Nevada State Board of Dentaj Examiners.
24
25 16. Respondent acknowledges the provisions in this Stipulation Agreement contain the ehtire
agreement between Respondent and the Board and the provisions of this Stipulation can only be
modified, in writing, with Board approval.
27
28 Page5of8
Morris Polk!. &Pprdy, EL?
500 S. Rancho Drive. Suite 07 4)
Las Vegas, WcvadaSSloG Respondent’s initials Respondent’s attorney’s initials
Fax (702) 2624400
 1 17. Respondent agrees in the event the Board adopts this Stipulation Agreement he hereby
2 waives any and all rights to seek judicial review or otherwise to challenge or contest the validity
~ of the provisions contained in the Stipulation.
4
18. Respondent and the Board agree none of the parties shall be deemed the drafler of this

6 Stipulation Agreement. In the event this Stipulation Agreement is construed by a court of law or
equity, such court shall not construe this Stipulation Agreement or any provision hereof against
any party as the drafter of the Stipulation Agreement. The parties hereby acknowledge all parties
8 have contributed substantially and materially to the preparation of this Stipulation Agreement.
9
10 19. Respondent specifically acknowledges by his signature herein and by his initials at the
11 bottom of each page of this Stipulation Agreement, he has read and understands its terms and
12 acknowledges he has signed and initialed of his own free will and without undue influence,
13 coercion, duress, or intimidation.
14
20. Respondent acknowledges in consideration of execution of this adopted Stipulation

16 Agreement, Respondent hereby releases, remises, and forever discharges the State of Nevada, the
Board, and each of their members, agents, employees and legal counsel in their individual and
representative capacities, from any and all manner of actions, causes of action, suits, debts,
18 judgments, executions, claims, and demands whatsoever, known and unknown, in law or equity,
19 that Respondent ever had, now has, may have, or claim to have against any or all of the petsons
20 or entities named in this section, arising out the authorized investigative complaint referenced
21 above.
22
23 21. Respondent acknowledges in the event the Board adopts this Stipulation Agreement, this
24 Stipulation Agreement may be considered in any fliture Board proceeding(s) or judicial review,
25 whether such judicial review is performed by either the State or Federal District Court(s).
26
27 ~22. This Stipulation Agreement will be considered by the Board in an open meeting. It is
28 Page6of8
MorrIs Pouch & Purdy, LLP
500 S. Rancho Drive. Suite ‘7 _____________

Respondent’s initials Respondent’s attorney’s initidis

Fax (702) 862-8400 -
 ——____ I

1 understood and stipulated the Board is free to accept or reject the Stipulation Agreement and, if
2 the Stipulation Agreement is rejected by the Board, further proceedings may be implemented.
3 This Stipulation Agreement will only become effective when the Board has approved the same in
an open meeting. Should the Board adopt this Stipulation Agreement, such adoption shall be
considered a final disposition and will become a public record. This corrective action is based
S
on the provisions contained in this Stipulation Agreement and shall not be reportable to the
6
National Practitioners Data Bank.
7
8
DATEDthis ___ dayof (—c-Li ,‘2U13.
9.
10
11
Respondsnt
12
APPROVED AS TO FORM AND CONTENT:
13
14
15 this 91 dayof /~/4Yt4i~/ ~20i~’~
16
17

~ ,2013.

22 Board Counsel
23
24
25
26~
thisOZ/ day of_____________ 2013.
2’

Page 7 of 8
Morris P01kb & Purdy, Lii’
500 S. Rancho Drivn. Stake 17
Las Vcãas, Nevada 89106
nl
Respondent’s initials
2K (702) 862-8300 Respondent’s attorney’s initials
Fax (702) 862.8400
 I Disciplinary Screening Officer
2
3
4
5 ACTION BY BOARD
6 The foregoing Corrective Action Non Disciplinary Stipulation Agreement in case no.
7 74127-02553 in the mailer of Nevada State Board of Dental Examiners v. David T. Ting, DMD
8 was (check the appropriate response):

10 Approved__________ Disapproved__________

by a vote of the Nevada State Board of D7ptal Examiners at a properly noticed meeting.
13
14 DATED this04 day of , 2014.

17 S. Gordon Kinard, DDS Presidçnt

-

NEVADA STATE BOARD OF DENTAL EXAMINERS

18
19 H:\WDDOCS\3335\36467\Lvj 19484.DOCX
20
21
22
23
24
25
26
27
28 Page8of8
Morris P011th & Purdy, IL?
500 S. RanchoDiive SuIte 17 ___________

L~rNcvadaS9l06 Respon ent’s initials Respondent’s attorney’s initills

F,~ (702~ ec’~Rdnn
 081011641
STATE OF NEVADA
2 BEFORE THE BOARD OF DENTAL EXAMINERS
3 _________________________________________________________
NEVADA STATE BOARD OF DENTAL
EXAMINERS, Case No. 74127-02552
5
Complainant,
6
vs. CORRECTIVE ACTION
NON DISCIPLINARY
8 DAVID CHUNG, DDS, STIPULATION AGREEMENT
9 Respondent. -

10
11
12 IT IS HEREBY STIPULATED AND AGREED by and between DAVID H. Cl-lUNG,
13 DDS (“Respondent” or “Dr. Chung”), by and through his attorney, MICHAEL R. MUSHKIN,
14 ESQ., and the NEVADA STATE BOARD OF DENTAL EXAMINERS (hereafter the “Board”),
by and through BRADLEY ROBERTS, DDS, Disciplinary Screening Officer (“DSO”), and the

16 Board’s attorney, JOHN A HUNT, ESQ., of the law firm MORRIS POLICH & PURDY, LLP,
17 as follows via this Corrective Action Non Disciplinary Stipulation Agreement (“Stipulation
18 Agreement” or “Stipulation”):
19
20 1. On August 3, 2012, Respondent made inquiry to the Board office whether an employee
21 of Respondent, Lynnann M. Bard possessed a license to practice dental hygiene in the State of
Nevada.
22
23 2. Via a Notice of Investigative Complaint & Request for Records dated August 27, 2012
24 (“Notice”), the Board notified Respondent the Board at a properly noticed meeting on August 17,
25 2012, pursuant to agenda item 3(d)(4), authorized an investigative complaint regarding possible
26 violation of NRS 631.346(1), NRS 631.395(11), and NAC 63l.230(l)(r).
27
8 Page lofS
Morris Pouch & Purdy LI_P
500 S Rancho Cuss, Suke ‘7 ___________
Li,Vepi,Nendi$9106 Rp.cnnndprit’c inft~Ic I, ~.i.. __.j_
 F.——— ..-.- —-——--—.————.———--———.——.———..——..-——-—___

1 3. Respondent, through his attorney, responded to the Notice via written response (and
2 attachments) dated September 10, 2012.
3
4. Respondent, on or about November 8, 2012, provided the Board with a CD containing
documents bate numbered 000001-000603 as a supplement to his response to the Notice.

6
5. Based upon the limited investigation conducted to date, Disciplinary Screening Officer,
Bradley Roberts, DDS, applying the administrative burden of proof of substantial evidence as set
8 forth in State, Emp. Security i~ Hilton Hotels, 102 Nev. 606, 608, 729 P.2d 497, 498 (1986); and

see Minton v. Board ofMedical Examiners, 110 Nev. 1060, 881 P. 2d 1339 (1994), see also NRS
10 233B.135(3)(e), but not for any other purpose, including any other subsequent civil action,
11 believes there is substantial evidence Respondent employed, directly or indirectly, an unlicensed
12 dental hygienist to perform operations to treat or correct the teeth or jaw, in violation of NRS
13 631.3460).
14
15 6. Based upon the limited investigation conducted to date, Disciplinary Screening Officer,
16 Bradley Roberts, DDS, applying the administrative burden of proof of substantial evidence as set
17 forth in State, Emp. Security v. Hilton Hotels, 102 Nev. 606, 608, 729 P.2d 497, 498 (1986); and
18 see MinIon v. Board ofMedical Examiners, 110 Nev. 1060, 881 P. 2d 1339 (1994), see also NRS
19
233B. 1 35(3)(e), but not for any other purpose, including any other subsequent civil action,
20
21 believes there is substantial evidence Respondent, as a dentist who owns a dental practice, failed
22 to verify if Ms. Bard was a licensed dental hygienist before offering employment or contracting
23 for services, in violation of NAC 63l.230(l)(r).
24
25
26 Applying the administrative burden of proof of substantial evidence as set forth in State,
Emp. Security v. Hilton Hotels, 102 Nev. 606, 608, 729 P.2d 497, 498 (1986); and see MinIon v.
Board of Medical Examiners, 110 Nev. 1060, 881 P. 2d 1339 (1994), see also NRS
28 Page2of8
blordu Pouch & Pisi-dy LLP )
DOS Rancho Drive, Suite I?
,sVeg,s,Nev,daSclOo P ocnnn,lant’,, ~.,;÷;,,I, n
 1 233B.135(3)(e), Respondent, without admitting to the opinions of the Disciplinary Screening
2 Officer contained in Paragraphs 5 and 6 above, acknowledges for settlement purposes only, if
~ this matter were to proceed to a full board hearing, substantial evidence exists Respondent
~ employed, directly or indirectly, an unlicensed dental hygienist to perform operations of any kind
to treat or correct the teeth or jaw, in violation of NRS 63 1.346(1) and that Respondent, as a

6 dentist who owns a dental practice, failed to verify if Ms. Bard was a licensed dental hygienist
before offering employment or contracting for services, in violation of NAC 63l.230(1)(r).
7
8 8. Based upon the limited investigation conducted to date, the findings of the Disciplinary
~ Screening Officer, Bradley Roberts, DDS, and Respondent’s acknowledgment contained in
10 Paragraph 7 above, the parties have agreed to resolve the pending investigation pursuant to the
11 following corrective terms and conditions:
12 a. Respondent agrees to retake the jurisprudence test as required by NRS
631 .240(2) on the contents and interpretation of NRS 631 and the regulations of the
13 Board. Respondent shall have ninety (90) days, commencing upon the date of adoption
14 of this Stipulation by the Board, to complete the jurisprudence test. Respondent upon
adoption of this stipulation shall receive a user/name and password to enable Respondent
15 to access the online Jurisprudence Examination. In the event Respondent fails to
successfully complete the jurisprudence test within ninety (90) days of the date of
16 adoption of this Stipulation by the Board, Respondent agrees his license to practice
17 dentistry in the State of Nevada shall be automatically suspended without any further
action of the Board other than issuance of an order by the Executive Director. Upon
18 successful completion of the jurisprudence test, Respondent’s license to practice dentistry
in the State of Nevada will be automatically reinstated, assuming all other provisions of
19 this Stipulation are in compliance. Respondent agrees to waive any right to seek
20 injunctive relief from any Federal or State of Nevada District Court to prevent the
automatic suspension of Respondent’s license to practice dentistry in the State of Nevada
21 due to Respondent’s failure to comply with Paragraph 8.a. Respondent shall also be
responsible for any costs or attorney’s fees incurred in the event the Board seeks
22 injunctive relief to prevent Respondent from practicing dentistry during the period
23 Respondent’s license is automatically suspended.
24
25 b. Respondent agrees to contribute the sum of twenty-five-thousand ($25,000.00)
Dollars to the Community Health Alliance, “Adopt a Vet Program” a non-profit dental
26 program which serves the dental needs of disadvantage veterans in Northern Nevada arid
the sum of twenty-five-thousand ($25,000.00) Dollars to the Huntridge Teen Clinic a
27 non-profit clinic which serves the under privileged in Las Vegas, Nevada. The sums due
28 Page3of8
~Iorris PoUch & Purdy MY
00 S. Rancho Ddve, SulIc 17 ___________
.uV~ju.Niud.S9IO6 Rp.cnnnr~nt’c intinlc D a,nn,,A....4~e ~
 shall be delivered to the Board made payable to the respective charity within ninety (90)
2 days of the Boards adoption of this Stipulation.
3
c. Respondent agrees to reimburse the Board for the cost of the investigation in the
4 amount of six thousand two hundred and fifty xx/100 Dollars ($6,250.00) within thirty
days (30) days of the adoption of this Stipulation Agreement.

6 d. Respondent agrees within fourteen (14) day of receiving a verified complaint from
any patient and/or insurance provider regarding treatment received by the unlicensed
7 hygienist, Lynnann M. Bard, Respondent shall deliver to the Board a check made payable
8 to the complaining party in an amount equal to any services billed by the unlicensed
hygienist, Lynnann M. Bard.
9
e. In the event Respondent defaults on any of thc payments contained in either
10 Paragraph 8.b., 8c and/or 8d Respondent agrees his license to practice dentistry in the
State of Nevada may be automatically be suspended without any further action of the
Board, other than issuance of an Order of Suspension by the Executive Director.
12 Subsequent to the issuance of the Order of Suspension, Respondent agrees to pay a
liquidated damage amount of Twenty-Five and xx/1 00 Dollars ($25.00) for each day
13 Respondent is in default on any of the payments contained in either Paragraph 8.b., ~‘
14 and/or Sd. Upon curing the default on any of the payment(s) contained in either
Paragraph 8.b., Sc, and/or Sd and paying the reinstatement fee pursuant to NRS
15 631.345. Respondent’s license to practice dentistry in the State of Nevada will
automatically be reinstated by the Executive Director of the Board, assuming there are no
16 other violations of any of the provisions contained in this Stipulation. Respondent shall
17 also be responsible for any costs or attorney’s fees incurred in the event the Board has to
seek injunctive relief to prevent Respondent from practicing dentistry during the period in
18 which his license is suspended. Respondent agrees to waive any right to seek injunctive
relief from any court of competent jurisdiction, including a Nevada Federal District Court
19 or the Nevada State District Court to reinstate her license prior to curing any default on
20 the amount(s) due and owing.
21 f. In the event Respondent fails to cure any defaults in payment within forty-five
22 (45) days of the default, Respondent agrees the amount maybe reduced to judgment.
23 g. Respondent waives any right to have the amount owed pursuant to either
Paragraph 8.b., 8c, and/or Sd discharged in bankruptcy.
24
25 CONSENT
26 9. Respondent has read all of the provisions contained in this Stipulation Agreement and
27 agrees with them in their entirety.
28 P 4f8
Morris Polkh & Purdy LIP
500 S Rancho Drive. Suhe 17 ___________
LasVeasNcndaSilOa Rpcnnndpnt’c ~nitin1c P~ .,—.——..-~.‘.-
 2 10. Respondent is aware by entering into this Stipulation Agreement, he is waiving certain
valuable due process rights contained in, but not limited to, NRS 631, NAC 631, NRS 233B and

4 NAC233B.
5

6 11. Respondent expressly waives any right to challenge the Board for bias in deciding
7 whether or not to adopt this Stipulation Agreement in the event this matter was to proceed to a
8 fill Board hearing.
9
10 12. Respondent and the Board agree any statements and/or documentation made or
considered by the Board during any properly noticed open meeting to determine whether to

12 adopt or reject this Stipulation Agreement are privileged settlement negotiations and therefore
13 such statements or documentation may not be used in any subsequent Board hearing or judicial
review, whether or not judicial review is sought in either the State or Federal District Court.
14
15
16 13. Respondent has reviewed this Stipulation with his attorney, Michael R. Mushkin, Esq.,
17 who has explained each and every provision contained in this Stipulation to the Respondent.
18 14. Respondent acknowledges he is consenting to this Stipulation Agreement voluntarily,
19 without coercion or duress and in the exercise of his own free will.
20
21 15. Respondent acknowledges no other promises in reference to the provisions contained in
22 this Stipulation Agreement have been made by any agent, employee, counsel or any person
23 affiliated with the Nevada State Board of Dental Examiners.
24
25 16. Respondent acknowledges the provisions in this Stipulation Agreement contain the entire
agreement between Respondent and the Board and the provisions of this Stipulation can only be
26 modified, in writing, with Board approval.
27
28 Page5of8
blorri, PoUch & Pordy LLP
00 S Rancho Drive, Suite 17
~
___________
(F )
.uVe5ii.NindiS9lOo Respondent’s Initials Resnondent’s sttnrn~v’s ;n;ri~k
 1 17. Respondent agrees in the event the Board adopts this Stipulation Agreement he hereby
2 waives any and all rights to seek judicial review or otherwise to challenge or contest the validity
of the provisions contained in the Stipulation.

4
18. Respondent and the Board agree none of the parties shall be deemed the drafter of this

6 Stipulation Agreement. In the event this Stipulation Agreement is construed by a court of law or
equity, such court shall not construe this Stipulation Agreement or any provision hereof against
any party as the drafter of the Stipulation Agreement. The parties hereby acknowledge all parties
8 have contributed substantially and materially to the preparation of this Stipulation Agreement.
9
10 19. Respondent specifically acknowledges by his signature herein and by his initials at the
II bottom of each page of this Stipulation Agreement, he has read and understands its terms and
12 acknowledges he has signed and initialed of his own free will and without undue influence,
13 coercion, duress, or intimidation.
14
15 20. Respondent acknowledges in consideration of execution of this adopted Stipulation
16 Agreement, Respondent hereby releases, remises, and forever discharges the State of Nevada, the
Board, and each of their members, agents, employees and legal counsel in their individual and
representative capacities, .from any and all manner of actions, causes of action, suits, debts,
18 judgments, executions, claims, and demands whatsoever, known and unknown, in law or equity,
19 that Respondent ever had, now has, may have, or claim to have against any or all of the persons
20 or entities named in this section, arising out the authorized investigation referenced above.
21
22 21. Respondent acknowledges in the event the Board adopts this Stipulation Agreement, this
23 Stipulation Agreement may be considered in any future Board proceeding(s) or judicial review,
24 whether such judicial review is performed by either the State or Federal District Court(s).
25
26 22. This Stipulation Agreement will be considered by the Board in an open meeting. It is
27 understood and stipulated the Board is free to accept or reject the Stipulation Agreement and, if
28 Page6of8
Sterns P011th & Pordy LLP
500 S. Rs,cho Drive. Suite 7 I
~I~~d~I9tO6 Respondent’s initials Resoondent’s attorney’s inifiAls
 -—--—--~---

1 the Stipulation Agreement is rejected by the Board, further proceedings may be implemented.
2 This Stipulation Agreement will only become effective when the Board has approved the same in
.3
an open meeting. Should the Board adopt this Stipulation Agreement, such adoption shall be
considered a final disposition and will become a public record. This corrective action is based
4
on the provisions contained in this Stipulation Agreement and shall not be reportable to the
5
National Practitioners Data Bank.
6
7 r ( -2-31
DATED this .2-f day of F’Cb ,—201-3r
8
9
10 Dkvrn H. CHUNG, DDS
Respondent
11
APPROVED AS TO FORM AND CONTENT:
12
13
14 By 4fr1M 2—c
Michael RLJkus~kjn, Esq.
15 Counsel for Resjidndent
16

FORM AND cONTENT:

this _____ day of , 2013.

A

Z~i Board Counsel

22
23 AS TO FORM AND CONTENT:
24
25
this ____ day of ,2013.
26 ‘c/
/1

27 Disciplinary Screening Officer

28 Page 7 of 8
Morris Fount Jo FurdyLLF
500 S Rartcho Drive. Suite 7
Lii Ve~ii, NendI 19106
Ph. t702~ 561.5300 Respondent’s initials Respondent’s attorney’s initials
p - -
L __.._.___._____._____._.__.___.______.__._._.___._._.._.__. — .—-.-—.. —~——~-————...——

ACTION BY BOARI)
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The foregoing Corrective Action Non Disciplinary Stipulation Agreement in case no.

74127-02552 in the matter of Nevada State Board of Dental Examiners v. David H. Chung, DDS

was (check the appropriate response):

81 Approved V Disapproved

9’
I by a vote of the Nevada State Board of Dental Examiners at a properly noticed meeting.

11 DATEDthi~}f~ dayof///21: / ,2014.

J. Gordon Kinard, DDS President -

1 NEVADA STATE BOARD OF DENTAL EXAMINERS

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Page 8 of 8
Iorris PoUch & \~2_—i~~_-’ (_;5N1

Respondent’s initials Respondent’s attorney’s in~TIhIs