Stipulated Settlement Agreement and Order
The following was signed by all the parties and approved by
the Board on
Dec. 14, 2002:
STATE OF NEVADA
BOARD OF HOMEOPATHIC MEDICAL EXAMINERS
STIPULATED SETTLEMENT AGREEMENT AND ORDER
KATRINA TANG, H.M.D.
The State of Nevada, Board of Homeopathic Medical
Examiners (hereinafter Board), and Katrina Tang,
H.M.D (hereinafter Dr. Tang) hereby stipulate and
agree as follows:
WHEREAS, the Board is responsible for enforcing the provisions
of NRS chapter 630A dealing in part, with the licensure of homeopathic
physicians in the State of Nevada; and
WHEREAS, Dr. Tang is a licensed homeopathic physician in the
State of Nevada as that term is defined in NRS 630A.050, with
her license being issued by the Board; and
WHEREAS, pursuant to NRS 630A.155(1), the Board has the duty
to regulate the practice of homeopathic medicine in the State
of Nevada; and
WHEREAS, pursuant to NRS 630A.155(4), the Board has the authority
to investigate and decide all complaints made against a homeopathic
WHEREAS, 18 complaints were filed with the Board against Dr.
Tang between December 27, 2001, and February 4, 2002, and none
of these complaints have yet been investigated by the Board:
WHEREAS, the Board has also received complaint number 04-99
and has investigated said complaint; to date, the Board has
found no wrongdoing against Dr. Tang relating to this complaint.
WHEREAS, the Board has not made any determination that Dr. Tang
is in violation of NRS chapter 630A or the regulations promulgated
thereto with respect to the complaints specified herein.
WHEREAS, Dr. Tang denies any wrongdoing or culpability as to
the complaints specified herein and is prepared to defend the
WHEREAS, Dr. Tang wishes at this time to reduce her practice
to current and former patients only.
WHEREAS, the parties herein desire to resolve their differences
and disputes without costly investigations and/or a hearing(s)
being held; and
NOW THEREFORE, in consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
1. Dr. Tang shall be permitted to continue to engage in the
practice of homeopathic medicine as that term is defined in
NRS 630A.040 and engage in any other act for which a license,
registration, or certification is required pursuant to NRS chapter
630A or the regulations promulgated thereto, except that from
the date of the acceptance by the Board of this Stipulated Settlement
Agreement (hereinafter Agreement), Dr. Tang shall
only treat patients and conduct her practice as follows:
(a) Dr. Tang intends to begin the process of entering retirement.
Accordingly, Dr. Tang shall limit her practice to current and
former patients and agrees not to treat any new patients after
the date of this agreement. If, however, a person whom she has
not treated before has a medical emergency and Dr. Tang is the
only available physician, she shall be permitted to treat the
emergency condition only, with all follow-up treatment conducted
by another physician;
(b) Prior to treating any patients, Dr. Tang shall obtain an
acknowledgement signed by the patient, the original of which
to be presented to the Board Executive Director within 10 days
after the patient signs it with a copy kept in the patients
file, which shall be notarized and in the following form:
I, _______________________, do hereby acknowledge
that I have been treated by or consulted with Dr. Katrina Tang
prior to ____________ (date of this agreement being finalized),
and I hereby agree to allow Katrina Tang, H.M.D., to continue
to treat me in the practice of homeopathic medicine. I understand
that Dr. Tang has agreed to limit her practice to patients such
as me whom she had treated prior to her entering into a Stipulated
Settlement Agreement and Order with the Board of Homeopathic
Medical Examiners (Board), which may be obtained from the Board.
I understand that the original of this acknowledgment will go
to the Board of Homeopathic Medical Examiners.
PRINTED NAME OF PATIENT ____________________________
(Signature of Patient)
State of _____________________
County of ___________________
This instrument was acknowledged before me on
_______________(date) by ___________________________________________________(name(s)
Signature of notarial officer)
(Seal, if any)
(Title and rank (optional))
(c) Dr. Tang is further permitted pursuant to
21 U.S.C. 360(g)(2) to prepare drugs and medications to treat
the patients she is permitted to treat pursuant to this Agreement,
and may prepare drugs and medications for other Homeopathic
Physicians. Dr. Tang shall comply with accepted medical practice,
all requirements under chapter 630A of NRS and chapter 630A
of NAC, and any other state or federal statutes or regulations
applicable to a homeopathic physician in the preparation of
these drugs or medications.
(d) Dr. Tang agrees not to participate in the management or
billing in the office or clinic in which she will be treating
patients in the practice of homeopathic medicine, save and except
for submitting her own hours and charges to the appropriate
(e) Dr. Tang shall not be approved by the board to supervise
any person requiring a supervisor approved by the Board under
chapter 630A of NRS or the regulations promulgated thereto.
Further, if Dr. Tang is currently supervising any such person,
she shall immediately cease from doing the same.
(f) Dr. Tang further agrees that the Board of Homeopathic Medical
Examiners or the Nevada Attorney Generals Office may,
with or without information indicating Dr. Tang has violated
any terms of this agreement, send an individual undercover into
the offices or clinic in which she has her practice at any time
in which she is treating patients to ascertain compliance with
this agreement. The undercover individual going into the offices
or clinic of Dr. Tang shall not do anything which would breach
the confidentiality of patient information or files.
(g) Nothing in this agreement shall limit the Boards authority
to perform any functions authorized it by the Nevada Revised
Statutes and the Nevada Administrative Code, including the right
to subpoena patient files to insure compliance with this agreement
pursuant to NRS 630A.210.
(h) Nothing in this Agreement shall be construed to prohibit
Dr. Tang from practicing in another state on new patients so
long as she meets the legal requirements of that state for such
2. Dr. Tang further agrees that if this Agreement is approved
by the full Board and a complaint is subsequently filed against
her which, in the opinion of an investigative committee of the
Board formed pursuant to NRS 630A.400, is a credible complaint
and alleges that Dr. Tang has violated any of the terms of this
Agreement or has committed an act which would be grounds for
discipline pursuant to NRS 630A.340 through NRS 630A.380 inclusive,
that a neutral hearing officer shall be appointed by the Board,
which may be through the Department of Administration, to hear
the complaint and render a decision, which shall be considered
a final order of the Board pursuant to NRS 630A.510.
3. If after a hearing the hearing officer finds that Dr. Tang
has violated any of the terms of the Agreement or has committed
an act which would be grounds for discipline pursuant to NRS
630A.340 through NRS 630A.380 inclusive, the hearing officer
may impose any of the disciplinary actions available to the
board pursuant to NRS 630A.510, including suspension and revocation
of Dr. Tangs license to practice homeopathic medicine.
Dr. Tang may petition for judicial review of the decision of
the hearing officer as permitted by NRS 630A.520 and chapter
233B of NRS.
4. This Agreement may first be presented at a meeting of the
investigative committee of the Board (investigative committee),
formed pursuant to NRS 630A.400, or, may first be presented
to the full Board if an investigative committee eligible to
hear the complaints is not formed at that time. Dr. Tang hereby
waives any special notice requirements as set forth in NRS 241.033
of any meeting of the investigative committee or the full board
to consider this Agreement, except that counsel for Dr. Tang
shall be given written notice mailed or sent via facsimile at
least 7 days in advance of the meeting. If this Agreement is
first presented to an investigative committee and the committee
approves this Agreement, then this Agreement shall then be presented
to the full Board.
5. If this Agreement is not approved by the full Board, the
Board members who considered whether to accept this Agreement
may be the same members who may ultimately conduct hearing(s)
regarding any of the complaints specified herein which are the
subject of this Agreement. Dr. Tang reserves the right to argue
that said Board members cannot engage in such decision-making
based upon their review of this Agreement, and that a neutral
hearing officer should be appointed to hear the complaints.
6. Dr. Tang further waives any legal argument that Board members
assigned to an Investigative Committee, who may initially review
the Agreement and make a decision as to whether to recommend
the Agreement to the Board, may not consider or vote on said
Agreement at a meeting of the full Board.
7. If the full board rejects the Agreement and the investigative
committee must Then consider the complaints which are the subject
of this Agreement for possible further investigation and disciplinary
action, Dr. Tang does not waive the argument that Board members
assigned to an investigative committee who consider the complaints
may not sit on the Board if the complaints proceed to a hearing.
8. Dr. Tang agrees that if the Board rejects the Agreement,
and the complaints must be presented to an investigative committee
pursuant to NRS 630A.400(1) and, if warranted, a hearing pursuant
to NRS 630A.480, she hereby waives any argument for the period
commencing at the time the parties started consideration of
this Stipulated Settlement Agreement and Order on August 30,
2002, to the present, that based upon the statute of limitations,
laches, estoppel or any other similar legal theory, the Board
cannot investigate and take disciplinary action if appropriate,
and as authorized by statute or regulation, for the complaints
specified herein against her license.
9. Dr. Tang acknowledges that certain Board members have reviewed
Complaint number 04-99 specified above. Dr. Tang agrees that
the full Board, including those members who have reviewed this
complaint, may render a decision as to whether to accept or
reject this Agreement.
10. If the Agreement is approved by the full board, Dr. Tang
shall, within 45 days of receipt of a bill from the Board, pay
investigative costs to the Board in an amount not to exceed
$5,000.00. Said investigative costs shall include the investigation
for Complaint 04-99, and any and all attorney time from state
employed attorneys in any way related to the complaints specified
herein. Dr. Tang agrees that billing for state-employed attorneys
shall be 125.00 per hour.
11. This Agreement shall not be binding unless accepted by a
majority of the Board members present at a meeting noticed pursuant
to NRS chapter 241 who are eligible to vote on the Agreement.
12. This Agreement must be made available for public inspection
by the Board pursuant to NRS chapter 239 of the State of Nevada.
13. If this Agreement is rejected by the Board, the Agreement
itself, and the negotiations leading to the Agreement, shall
not be admissible into evidence in any legal proceeding. If
this Agreement is approved by the board, it shall be admissible
in any subsequent proceeding to enforce it.
14. Except as provided in paragraph 10 above, each party shall
pay its own costs and fees, including attorneys fees.
15. Each party, by signing this Agreement, represents that it
has the legal capacity to conduct the legal obligations assigned
to it under this Agreement.
16. Any action brought to enforce this Agreement shall be brought
in the First Judicial District Court in and for the State of
Nevada, in Carson City, Nevada.
17. This Stipulated Settlement Agreement, and the rights and
obligations of the parties hereto, shall be governed by and
construed according to the laws of the State of Nevada.
18. The parties hereto represent and warrant that the person
executing this Agreement on behalf of each party, has the full
power and authority to enter into this Agreement.
19. If any action is brought to enforce the provisions of this
Agreement, the prevailing party shall be entitled to reasonable
costs and attorneys fees. It is specifically agreed that
reasonable attorneys fees for state-employed attorneys
shall be $125.00 per hour.
20. If any provision contained in this Agreement is held to
be unenforceable by a court of law or equity, the Agreement
shall be construed as if such provision did not exist and the
nonenforceability of such provision shall not be held to render
any other provision or provisions of this Agreement nonenforceable.
21. Failure to declare a breach, or the actual waiver of any
particular breach of this Agreement or its material or nonmaterial
terms by either party, shall not operate as a waiver of such
party of any of its rights or remedies as to any other breach.
22. The Board and the State of Nevada will not waive, and intends
to assert, available NRS chapter 41 liability limitations and
defenses in all cases. This Agreement shall not be subject to
punitive damages. Liquidated damages shall not apply. Damages
against the Board or the State of Nevada in case of breach,
shall never exceed the amount of funds appropriated or obtained
by the Board or the State of Nevada for payment of such damages
for the fiscal year budget in existence at the time of the breach.
23. No party shall be deemed to be in violation of this Agreement
if it is prevented from performing any of its obligations hereunder
due to strikes, failure of public transportation, civil or military
authority, act of public enemy, accidents, fires, explosions,
or acts of God including, without limitation, earthquakes, floods,
winds, or storms. In such an event, the intervening cause must
not be through the fault of the party asserting such an excuse,
and the excused party is obligated to promptly perform in accordance
with the terms of this Agreement after the intervening cause
24. This Agreement constitutes the entire agreement of the parties
and is intended as a complete and exclusive statement of the
promises, representations, negotiations, discussions, and other
agreements that may have been made in connection with the subject
matter hereof. Unless otherwise expressly authorized by the
terms of this Agreement, no modification or amendment to this
Agreement shall be binding upon the parties, unless the same
is in writing, signed by the respective parties hereto, and
approved by the Office of the Attorney General and the Board.
IN WITNESS WHEREOF, the parties hereto have caused this settlement
agreement to be signed and intend to be legally bound thereby.
IT IS SO ORDERED.
DATED: DECEMBER 14, 2002 STATE OF NEVADA
BOARD OF HOMEOPATHIC
By: JANIE GREENSPUN-GALE BOARD PRESIDENT
DATED: , 2002 By:
KATRINA TANG, HMD
Approved as to form:
FRANKIE SUE DEL PAPA
EDWARD T. REED
Deputy Attorney General
100 North Carson Street
Carson City, Nevada 89701-4717
Attorney for Board
Approved as to form:
SINAI, SCHROEDER, MOONEY, BOETSCH & BRADLEY
MARY BOETSCH, ESQ.
THOMAS C. BRADLEY, ESQ.
448 Hill St.
7 Reno, Nevada 89501
Attorney for Katrina Tang, HMD