Description:
Description:General Description:
Performs legal work involving the prosecution, negotiation, and resolution of disciplinary enforcement cases involving licensed healthcare professional and regulated practitioners licensed by the Texas Medical Board. May perform drafting assignments on more complex cases at direction of Litigation Director.
Reviews investigative findings, develops case strategies for prosecution and negotiates agreed settlements, including prior to the opening of a formal investigation. Represents the agency during Informal Settlement Conferences (ISC) and prosecutes default disciplinary cases before the State Office of Administrative Hearings (SOAH). Work involves litigation practice with moderate legal writing. Knowledge of basic medical terminology is helpful. Works under general direction from the Litigation Director and the Reviewing Attorney, with some latitude for the use of initiative and independent judgment.
Principal Job Duties and Responsibilities:
50% Prosecutes enforcement cases at ISC involving licensees of the agency. Reviews and analyzes complex investigative files involving alleged violations of statutes, rules, and professional standards. This includes review of electronic files and preparation of presentation packets for use at hearings and the drafting and negotiation of agreed orders and remedial plans. Coordinates with legal assistants, investigators, and other agency staff as needed to prepare documents, exhibits and evidence for case prosecution in an effective and efficient manner. Works with other professionals regarding medical issues and practice. Reviews and approves all work prepared by support staff. Negotiates and drafts remedial plans and agreed orders, that accurately reflect the decision of ISC panelists and clearly describes any limitations on practice responsibilities and actions required of the licensee.
10% Assists with weekly quality assurance reviews, including but not limited to the drafting of warning letters, dismissal letters.
20% Assists in reviewing new complaints for possible resolution without a formal investigation. This includes reviewing initial complaints against established guidelines to determine if a pre-investigation resolution is authorized. Drafts settlement documents, to include warning letters, letters of concern, remedial plans and orders for approval and mail out. Follows up with licensees to obtain agreement or to determine if a formal investigation is required.
10% For Medical Radiologic Technologists, Non-Certified Radiological Technicians, Respiratory Care Practitioners, Surgical Assistants, Perfusionists and Medical Physicists and administrative cases for physicians and physician assistants, including licensees disciplined by the military or another state, prosecutes contested cases at SOAH involving licensees of the agency. Drafts and files pleadings and other documentation or correspondence related to contested case proceedings at SOAH to include formal Complaints, pre-trial motions, case briefs, closing arguments, and Board orders. Represent the agency in all phases of contested case prosecution, including motions and pre-trial hearings. Oversees case development including conducting all phases of discovery and depositions of witnesses including experts. Perform legal research. Develop settlement options based on progress of case. Represent board at mediation. Finalize Agreed Order and agency documentation for consideration by Board within agency time-schedules.
5% Represent agency as prosecutor at Temporary Suspensions/Restrictions Hearings. Prepares Order of Temporary Suspension/Restriction.
5% Performs administrative duties, including but not limited to: scheduling, filing, mailing and file preparation for the cases assigned to the attorney.
Required Experience and Education
- Graduation from An Accredited Law School with An L.L.B. or J.D. Degree;
- Licensed in Good Standing to Practice Law in Texas;
- At Least Three Years of Full-Time Legal Experience
- Litigation Experience Preferred. Litigation Experience May Come from Internships, Trial Advocacy or Moot Court Experience; And
- Litigation Experience in Administrative, Regulatory or Health Law, or Prosecutorial Experience Preferred.
Knowledge, Skills, and Abilities:
Knowledge:
- Knowledge of Legal Principles and Practices of Law Related to The Licensing and Regulation of Professional Licensees
- Knowledge of Applicable Law and Board Rules Regarding Licensees of The Agency
- Knowledge of Legal Principles and Practices of Law Related to Development of Cases for Litigation and Prosecution
- Knowledge of Administrative Practice Act and Texas Rules of Civil Procedure
- Administrative Pleadings, Motions, and Hearing Procedures
- Legal Research and Legal Writing Principles
- Settlement Negotiation and Dispute Resolution Techniques
Skills:
- Drafting Settlement Agreements, Dismissal Letters, Disciplinary Orders, and Pleadings
- Conducting Legal Research and Analysis
- Negotiating Disciplinary Settlements
- Interpreting Statutes, Regulations, and Agency Policies
- Microsoft Applications Such as Word, Excel, Teams, Outlook and Skill in Laserfiche and Sequel
Abilities:
- Exercise Considerable Independent Judgment and Discretion
- Communicate Effectively with Peers, Agency Leadership, Licensees, Opposing Counsel and The Public
- Meet Statutory Deadlines
- Ability to Interpret and Apply Laws and To Use Legal Reference Materials;
- Ability to Conduct Hearings, to Prepare for Trial, to Conduct Research, to Summarize Findings;
- Ability to Conduct Research and Prepare Cases;
- Ability to Communicate Effectively Both Orally and In Writing;
- Ability to Effectively Manage Multiple Duties, Set and Meet Deadlines;
- Ability to Train and Provide Guidance to Others;
- Ability to Work Effectively in A Team Environment;
- Required to Be Proficient in Word, Excel, Database Technology and Microsoft Outlook; And
- Strong Oral and Written Communication Skills.
Qualifications:
Work Environment Requirements
Due to Office Space Limitations, the Principal Job Functions May Be Performed in A Home-Based Office Environment that Require:
- Regular and Punctual Attendance Monday – Friday.
- Must Respond to Internal and External Communications in A Timely Manner Which Is at Least.
- Within 72 Hrs (3 Business Days) of When External Communication Is Received.
- Within 24 Hrs (1 Business Day) of When Internal Communication Is Received.
- Within 15 Minute While Working Remotely During Business Hrs if Contacted by Your Manager
- Unless You Are on A Pre-Approved Leave or On a Recognized Lunch or Exercise Break.
- Frequent Use of Personal Computers, Copiers, Printers, and Telephones.
- Frequent Sitting.
- Frequently Working Under Deadlines, as A Team Member, and In Direct Contact with Others.
- Compliance with All Agency Policies and Procedures, Including but Not Limited to Applicable
- Confidentiality, Security and Safety Rules, Regulations and Standards.
Physical Requirements And/or Working Conditions:
The Principal Job Is Performed in A Standard Office and Requires:
- If Temporarily Working Remotely Due to Limited Office Space, Applicants Must Have a Dedicated, Quiet, and Secure Workspace that Ensures Privacy and Minimal Distractions to Maintain Confidentiality While Working Remotely.
- If Temporary Working Remotely Due to Limited Office Space, an Applicant Must Have Reliable and Secure High Speed Internet Access with A Minimum of 20 Mbps Download and 2 Mbps Upload.
- Applicants May Be Required to Provide Confirmation from The Area Isp.
- All Applicants Will Have Frequent Use of Keyboard, Mouse, and Other Input Devices.
- All Applicants Need to Have the Ability to Participate in Video Calls, Phone Calls, and Virtual Meetings.
- All Applicants May Experience Frequently Working Under Deadlines, Individually or As a Team Member, and At Times May Collaborate with Others to Meet Deadlines.
- All Applicants May Generally Experience Low Physical Demands, Occasional Lifting of Equipment
- Up to A Certain Weight (e.G. 10-40 Lbs.).
Legal Requirements
- In Accordance with State Law, Authorization for Telework May Not Be Awarded to An Employee as A Condition of Hiring.
- A New Employee Must Complete Department Probationary Training Period Before Evaluation for A Telework Agreement.
- Tmb Will Conduct a Txdps Criminal History Check on All New Hires Due to Access to Confidential or Sensitive Data While Performing the Work of The Position Applied For.
- Cannot Hold Outside Employment that Interferes with Assigned Work Schedule, nor Does It Constitute a Conflict of Interest with Tmb Employment and Services.
- Must Reside in Texas.
- Dual Employment at Another State Agency or Texas Public University Is Not Permitted.
- If Hired, You Must Provide Documentation(s) Within Three Days of Hire that Establishes Identity and Employment Verification.
- Employees Assigned to Agency-Issued Devices (e.G., Laptops, Cell Phones) Are Expected to Use These Devices Exclusively for Work-
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