Complaint Counsel

The Board of Registration in Medicine (BORIM) under the Massachusetts Department of Public Health (DPH) is seeking an experienced professional who leads the teams that investigate complaints of physician misconduct and incompetence as mandated by G.L. c. 112, § 5; evaluates the evidence gathered and prepares legal memorandum for the Board of Registration in Medicine (Board) and its committees regarding the facts, law and disciplinary options applicable to each investigation. The Counsel will represent the Board in administrative adjudicatory proceedings; drafts administrative and legal documents and correspondence and also provides information to authorized agencies and individuals.

Duties and Responsibilities (These duties are a general summary and not all inclusive):

• Investigate and evaluate 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; work with Board investigators; work with nurse-investigators to retain and consult with medical experts witnesses; conduct legal research; consult medical literature; coordinate with other agencies; and perform other relevant tasks as required.

• Prepare 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.

• Represent the Board at administrative adjudicatory proceedings in competent, prepared manner; present relevant evidence, testimony, and expert medical evidence; present oral arguments utilizing effective oral advocacy skills; draft statements of allegations, pleadings; files motions, and legal memoranda.

• Prepare 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.

• Participate in Board outreach activities; provides training to others in laws, regulations, and Board procedures and adjudicatory procedures. Attend relevant trainings as required and keep abreast of all relevant legal developments.

• Conduct self professionally in adherence to Massachusetts law, Board regulations, policies, procedures, and protocols and incompliance with Massachusetts Rules of Professional Conduct.

• Efficiently and effectively oversee caseload, prioritizing work appropriately, setting and achieving goals and responding to deadlines in a timely manner.

• Adhere 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.

• Cooperate and/or coordinate 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. Maintain productive working relationship with Board staff and is responsive to supervision.

• Consistent with applicable state and federal law, regulation or executive order, provide reasonable accommodation for any disability as defined by applicable law, regulation or executive order, which may restrict the ability of the employee to perform any of the duties and responsibilities listed above.

Required Qualifications:

• Knowledge of the methods and ability to conduct legal research and technical report writing.

• The ability to exercise discretion in safeguarding information through compliance and rules of disclosure.

• Maintain accurate records and assemble information in accordance with established procedures.

• Understanding and knowledge of the procedures followed in courtroom and administrative proceedings.

• Knowledge of the rules of evidence and knowledge of code of professional responsibility.

• Write concisely and effectively, expressing thoughts clearly and developing ideas in a logical sequence.

Preferred Qualifications:

• Investigative experience in building cases through gathering necessary evidence and interviewing witnesses.

• Experience handling complex litigation matters including, but not limited to, experience making legal arguments, introducing evidence, and examining witnesses.

• Familiarity with the legal and regulatory issues that impact medical care.

• Ability to establish effective professional relationships with individuals, physician, and staff.

• Motivated, self-directed, detail oriented and able to work well independently or with a team.

• Effectively represent a government agency before administrative and judicial tribunals.

• Demonstrated experience with interviewing witnesses, complainants, and respondents.

• Proficient usage of Microsoft Office Products including Word, Excel, PowerPoint and Outlook

About the Department of Public Health:

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.

We envision a Commonwealth in which all people enjoy optimal health. Massachusetts ranks among the healthiest of states according to comparative analyses, but we face numerous challenges, including chronic and infectious disease, substance abuse, violence, preventable hospitalizations, and health disparities.

DPH coordinates programs and policies to address specific diseases and conditions and offer services to address the needs of vulnerable populations. We also develop, implement, promote, and enforce regulations and policies to assure that the conditions under which people live are most conducive to health and enable people to make healthy choices for themselves and their families. We license health professionals, healthcare facilities and a variety of businesses that impact public health. We operate the state laboratory and four public health hospitals. We monitor health status and manage vital records including births, marriages and deaths. We educate people about public health issues and work closely with local boards of health and community partners to identify and solve public health problems.

More information can be found at: MA Department of Public Health

Pre-Offer Process:

A criminal background check will be completed on the recommended candidate as required by the regulations set forth by the Executive Office of Health and Human Services prior to the candidate being hired. For more information, please visit http://www.mass.gov/hhs/cori

Education, licensure, and certifications will be verified in accordance with the Human Resources Division's Hiring Guidelines.

Education and license/certification information provided by the selected candidate(s) is subject to the Massachusetts Public Records Law and may be published on the Commonwealth's website.

If you require assistance with the application/interview process and would like to request an ADA accommodation, please click on the link and complete the ADA Reasonable Accommodation Request Form.

For questions regarding this requisition, please contact the Executive Office of Health and Human Services Human Resources at 1-800-510-4122 Ext. #4

First consideration will be given to those applicants that apply within the first 14 days.

MINIMUM ENTRANCE REQUIREMENTS:

Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar and 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.

Comprehensive Benefits

When you embark on a career with the Commonwealth, you are offered an outstanding suite of employee benefits that add to the overall value of your compensation package. We take pride in providing a work experience that supports you, your loved ones, and your future.

Want the specifics? Explore our Employee Benefits and Rewards!

COVID Vaccine: As a condition of employment, depending on job assignment and location, employees may be required to have received COVID-19 vaccination and/or other vaccinations, or to have been approved for a vaccination exemption prior to their start date. Details relating to demonstrating compliance with this requirement will be provided to applicants selected for employment.

An Equal Opportunity / Affirmative Action Employer. Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.

The Commonwealth is an Equal Opportunity Employer and does not discriminate on the basis of race, religion, color, sex, gender identity or expression, sexual orientation, age, disability, national origin, veteran status, or any other basis covered by appropriate law. Research suggests that qualified women, Black, Indigenous, and Persons of Color (BIPOC) may self-select out of opportunities if they don't meet 100% of the job requirements. We encourage individuals who believe they have the skills necessary to thrive to apply for this role.