Description:
Description:The Office of General Counsel for the Massachusetts Department of Public Health (DPH) is seeking an experienced attorney to take on an exciting and timely role in the public health field. The selected candidate prosecutes cases of professional misconduct brought against health care professionals by their licensing entity with DPH. This position will also provide legal advice and guidance on a variety of topics to a team of senior managers and program staff within our mission-driven organization.
Duties and Responsibilities (these duties are a general summary and not all-inclusive):
- Assists board members and agency staff, including investigators, in assessing consumer complaints and determining those amounting to professional misconduct requiring further action and/or disciplinary proceedings.
- Drafts and negotiates voluntary surrender agreements and consent agreements with licensees (and/or their counsel).
- Provides legal advice to agency staff when resolving problems and determining appropriate actions.
- Communicates and responds with licensees in all discovery requests.
- Drafts orders to show cause initiating formal adjudicatory proceedings.
- Provides information to the public by answering inquiries regarding agency functions, services, rules, and procedures to fully represent the agency and its interests.
- Manages and/or monitors individual cases, assignments, and projects to ensure timely resolution of cases and to contribute to the achievement of overall agency goals.
- Recommends appropriate courses of action for specific cases, including disposition recommendations (including settlement, mediation, or negotiation).
- Advises agency staff and/or boards on litigation strategy and coordinates prosecutions of disciplinary cases with other law enforcement agencies.
- Provides legal guidance to other DPH staff on questions/issues regarding applicability of privacy rules and handling/disclosure of confidential information. Participates in professional development programs to maintain professional competency and support the professional development of other DPH counsel.
Required Qualifications:
- Membership in the Massachusetts Bar.
- Knowledge of theory, principles and practices of law including methods and ability to conduct legal research and technical report writing.
- Familiarity with state licensure regulations and federal oversight of health care professions.
- Ability to present arguments clearly and logically in oral and written forms.
- Strong interpersonal and communication skills, the ability to effectively manage multiple projects simultaneously, and ability to effectively work with diverse groups of people and cross-functional project teams.
- Capacity to exercise discretion in safeguarding information through compliance with rules of disclosure and privacy.
- Strong advocacy oral and written advocacy skills.
Preferred Qualifications:
- At least five (5) years of legal experience, including experience in government and/or health law, with thorough knowledge of the procedures followed in a courtroom and/or administrative proceedings, including the State Administrative Procedure Act (G.L. c.30A) and Standard Adjudicatory Rules of Practice and Procedure (801 CMR 1.01).
- Demonstrated understanding and experience in counseling clients, legal research and analysis, oral and written advocacy, and creative problem solving, preferably as in-house or outside counsel to public agencies.
- A solid desire to work in a fast-paced and collaborative legal department and to work independently.
- Aptitude in analyzing, interpreting, and applying statutes, regulations, policies, and decisions.
- Ability to analyze legal problems, offer legal opinions, and propose solutions.
- Strong critical thinking and problem-solving skills.
- Ability to manage relationships both internally and externally.
- Proficient with Microsoft Office applications including Excel, Word, Teams, and Outlook.