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 ju