Title: Counsel II
Organization: The Massachusetts Department of Public Health
Brief Summary of Position:
The Counsel II leads a team that investigates complaints of physician misconduct and incompetence as mandated by G.L. c. 112, § 5. The selected candidate will be responsible for evaluating the evidence gathered, and preparing legal memorandum to the Board of Registration in Medicine (Board) and its committees regarding the facts, law, and disciplinary options applicable to each investigation. The incumbent will represent the Board in administrative adjudicatory proceedings, which will include drafting administrative and legal documents and correspondence as well as presenting effective oral arguments. The selected candidate will also provide information to authorized agencies and individuals as needed.
Duties and Responsibilities:
- 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; working with Board investigators and nurse-investigators to retain and consult with medical experts 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 ethic 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 and preparing witnesses for testifying; ensures that all testimony, other evidence and legal argument supporting the Board’s position is competently researched, prepared and presented.
- 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.
- Ability to efficiently and effectively represent a government agency before administrative and judicial tribunals.
- Ability to conduct investigations and prepare cases for administrative adjudicatory proceedings.
- Ability to maintain accurate records, assemble information in accordance with established procedures.
- Ability to conduct legal research, knowledge of the rules of evidence and knowledge of code of professional responsibility.
- Ability to write concisely and effectively, expressing thoughts clearly and developing ideas in a logical sequence.
- Ability to exercise sound judgment.
- Ability to exercise discretion in handling confidential information.
- Ability to work independently.
- Ability to interview witnesses, complainants, and respondents.
- Ability to establish rapport and maintain harmonious working relationships with others.
- Ability to interact productively with people who are under physical and emotional stress.
- Ability to deal tactfully with others.
- Ability to maintain a calm demeanor in stressful situations.
- Ability to make effective oral presentations.
- Willingness to furnish private transportation for occasional job related travel.
- Willingness to work long and varied hours, subject to contractual provisions relating to compensation for overtime work.
- Knowledge of state law governing administrative hearings.
- Knowledge of the laws and rules governing the admissibility of evidence.
- Knowledge of the functions of the Board of Registration in Medicine.
- Knowledge of reference and related sources for medical and legal research.
- Knowledge of the standards of practice and specialties of the medical community.
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