Description:

Description:
Agency Information
We have over 200 employees across the state of Texas. We are a collaborative and team environment work culture that values an environment of trust and accountability. Together we work towards our Board's mission to protect and enhance the public's health, safety, and welfare by establishing and maintaining standards of excellence used in regulating the practice of medicine and ensuring quality health care for the citizens of Texas through licensure, discipline, and education. We value employee work-life balance and provide our team with incentives that include flexed, compressed work schedules, wellness leave, health insurance and retirement programs, 401K, vacation paid leave, sick paid leave, holiday pay, promotional opportunities, free parking, employee assistance program, and other various benefits.

General Description:
Performs moderately complex to highly complex legal work in the prosecution of enforcement cases at the State Office of Administrative Hearings (SOAH), and at Informal Settlement Conferences (ISC). Develops prosecution strategy for complex cases and negotiate agreed settlement orders. Files discovery and takes and defends depositions in contested case hearings. Drafts briefs and closing arguments in contested case hearings. Substantively, case work covers medical care issues related to the practice of medicine as well as professional boundaries and medical ethics. Works closely with expert witnesses with knowledge of medicine and ethical and professionalism issues. Works under general direction from the Director of Litigation and the Supervising/Lead Attorney, with extensive latitude for the use of initiative and independent judgement. Work involves litigation practice with legal writing and knowledge of the Medical Practice Act, the Administrative Practice Act, Texas Rules of Evidence, Texas Rules of Civil Procedures, and other applicable statutes and administrative rules.

Principal Job Duties and Responsibilities:

60% Prosecutes enforcement cases at ISC involving licensees of the agency. ISC prosecution includes preparation of packets, presentation at hearings and the development of agreed orders. Coordinates with legal assistants, paralegals, nurse investigators, and other agency staff as needed to prepare document exhibits and evidence for case prosecution, in an effective and efficient manner. Work with expert witnesses and other professionals regarding medical issues and practice. Reviews and approvals all work prepared by support staff. Negotiates and drafts agreed orders that accurately reflect the decision of ISC panelist and clearly describes any limitations on practices responsibilities and actions required of the licensee.
30% 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/Petitions, 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/Restriction Hearings. Prepares Order of Temporary Suspension/Restriction.
5% Attend court hearings and Board meetings as requested. Perform other legal duties as assigned.

Required Experience and Education

Licensed and In Good Standing to Practice Law in Texas for A Minimum of Three Years.
Graduation from An Accredited Law School with An L.L.B. or J.D. Degree.
Litigation Experience in Administrative, Regulatory or Health Law, or Prosecutorial Experience.

Required Experience and Education

Litigation Experience as Lead Attorney in Cases Prosecuted at The Soah Preferred.
Must Be Proficient in Microsoft Suite (word, Excel, Outlook), Share Point and Teams.

Knowledge, Skills, and Abilities:

Knowledge of Legal Principles and Practices of Law Related to Administrative Law and The Licensing and Registration of Professionals, Specifically Licensees Engaged in Healthcare.
Knowledge of Applicable Law and Rules Regarding Licenses of The Agency.
Knowledge of Legal Principles and Practices of Law Related to The Development of Cases for Litigation and Prosecution.
Knowledge of The Administrative Practices Act and Texas Rules of Civil Procedure.
Ability to Interpret and Apply Laws.
Knowledge of Medical Terms and Definitions.
Ability to Conduct Hearings.
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 Work Effectively in A Team Environment.
Licensed in Good Standing to Practice Law in Texas.

Qualifications:
Work Environment Requirements

The Principal Job Is Performed in A Standard In-Office or Remote Environment Setting and May Require Travel to The Office in Austin, Tx as Necessary for Meetings or Other Duties.
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 Minutes While Working Remotely During Business Hrs if Contacted by Your Manager Unless You Are on 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:

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.
Compliance with All Agency Policies and Procedures, Including but Not Limited to Applicable Confidentiality, Security and Safety Rules, Regulations and Standards.

New Hires/rehires
60-Day Waiting Period for Health Coverage.

Remarks:
Resumes Will Not Be Accepted without A Completed and Signed State of Texas Application. only The Candidates Selected for An Interview Will Be Contacted and Will Receive Written Notification of Application Results.

Equal Employment Opportunity Employer
The Texas Medical Board Does Not Discriminate on The Basis of Race, Color, National Origin, Sex, Age, Religion, Disability or Veteran Status. Employment Opportunities Shall Not Be Denied to A Qualified Individual with A Disability that Requires Reasonable Accommodation. the Applicant Should Communicate Requests for Reasonable Accommodation by Calling (512) 305-7142.

Selective Service Requirement: If Selected for Employment, Male Applicants Ages 18 Through 25 Must Present Proof of Registration or Exemption with The Federal Selective Service System.