Title: Counsel II
Organization: Massachusetts Department of Public Health
Brief Summary of Position:
The mission of the Massachusetts Department of Public Health (DPH) is to prevent illness, injury, and premature death, to assure access to high quality public health and health care services, and to promote wellness and health equity for all people in the Commonwealth. DPH seeks a Counsel II.
- Investigates and evaluates cases regarding complaints of physician misconduct and incompetence by determining whether to seek issuance of an investigative subpoena; interviewing witnesses; gathering and reviewing documentary evidence, including medical records; works with Board investigators; works with nurse-investigators to retain and consult with medical expert witnesses; conducts legal research; consults medical literature; coordinates with other agencies; and performs other relevant tasks as required.
- Prepares legal memorandum to the Board’s Complaint Committee outlining the relevant evidence gathered, the applicable laws and regulations, the applicable medical and/or ethical standards, the propriety of disciplinary action, the appropriate sanction and Board precedent for sanction.
- Represents the Board at administrative adjudicatory proceedings in competent, prepared manner; presents relevant evidence, testimony and expert medical evidence; presents oral arguments utilizing effective oral advocacy skills; drafts statements of allegations, pleadings; files motions, and legal memoranda.
- Prepares cases for administrative hearings by determining legal strategy and tactics to be used in the prosecution of individual cases; determining which witnesses will appear; preparing witnesses for testifying; ensuring that all testimony, other evidence and legal argument supporting the Board’s position is competently researched, prepared and presented; and performing other relevant tasks as assigned.
- Participates in Board outreach activities; provides training to others in laws, regulations, and Board procedures and adjudicatory procedure.
- Attends relevant trainings as required and keeps abreast of all relevant legal developments.
- Conducts self professionally in adherence to Massachusetts law, Board regulations, policies, procedures and protocols and in compliance with Massachusetts Rules of Professional Conduct. Consistently represents the Board in a professional, competent, ethical manner.
- Efficiently and effectively manages caseload, prioritizing work appropriately, setting and achieving goals and responding to deadlines in a timely manner.
- Adheres to strict legal and regulatory requirements of confidentiality and prohibitions against unauthorized disclosure of sensitive, confidential and privileged information regarding patients, physicians and law enforcement investigations.
- Cooperates and/or coordinates with state and federal law enforcement agencies in the joint investigation and prosecution of violations of laws, regulations or standards of medical practice which threaten the public health, safety and welfare.
- Maintains productive working relationship with Board staff and is responsive to supervision. Performs other related duties as required.
MINIMUM ENTRANCE REQUIREMENTS: Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar and (A) at least three years of full-time, or equivalent part-time, professional experience in the practice of law.
Incumbents may be required to have a current and valid Motor Vehicle Drivers License at a Class level specific to assignment.
To Apply: For more information and to apply, click here.