Duties: Pursuant to G.L. c. 13, §10, the Board Members of the Board of Registration in Medicine hire the General Counsel. The General Counsel works closely with and reports directly to the Board and works closely to support both the Board and Executive Director.
Mission of the Board of Registration in Medicine: The mission of the Board of Registration in Medicine (BORIM) is to protect the public by ensuring that physicians who practice in Massachusetts are qualified, competent, meet the accepted standards of medical care, and are of good moral character. The Board and its General Counsel ensure safe medical care for patients through the licensing and disciplining of physicians in accordance with due process of law. The Board must also intersect with numerous state agencies, patient safety organizations, hospitals, and medical centers. By virtue of its mission, the Board has a unique opportunity to impact the quality of patient care on a system-wide scale in Massachusetts as well as nationally.
The General Counsel is a member of the Senior Management team of the agency and participates in recommendations concerning regulatory, policy and process decisions. The General Counsel has primary oversight of the Agency’s Division of Law and Policy. It is the primary responsibility of the General Counsel to support and advance the statutory mandate of BORIM in the performance of the following list of duties and responsibilities.
Detailed Statement of Duties and Responsibilities of the General Counsel:
• To act as chief legal advisor to the Board and the Agency • To act as chief legal advisor to the Board during public, executive, adjudicatory, and licensing hearings. This role is primarily based on Board precedent, statutes, regulations, and the general principles of administrative law. • To report to and update the Board on all relevant legal and statutory matters pertaining to the Agency • To draft and/or review for accuracy and legal compliance, Agency and Board written materials including Board Orders, decisions, policies, guidelines, profiles, bulletins, postings, publications, electronic media, and other legal documents and correspondence • To draft and/or review the Board’s adjudicatory decisions for public posting on the Agency’s website • To coordinate the appeal of Agency decisions with the Office of the Attorney General • To develop and implement legislative, regulatory, and policy initiatives designed to ensure public protection and quality health care in the Commonwealth through the licensing and disciplining of physicians in accordance with due process • To monitor and protect the Board and thus the public interests in other agencies’ legislation and regulations; • To keep current on applicable state and federal existing and pending legislation and assist the Board in leading the Agency to promptly implement applicable new laws and regulations; • To provide legal advice and strategy on agency related personnel matters, personnel policies and procedures and collective bargaining issues in conjunction with the Human Resources Division; • To review contracts, engagements, leases and other agreements entered into by the Agency • To respond to legal inquiries from the general public and counsel; • To oversee compliance of the Agency with state and federal laws applicable to state agencies, including HIPPA, Public Records Law, Fair Information Practices Act, Americans with Disabilities Act, Open Meeting Law, Conflict of Interest Law, state contracting laws and labor and employment laws; • To attend relevant training sessions and to provide training to the Board and agency staff on relevant laws, regulations and adjudicatory procedures; • To represent the Board in a professional, competent, and ethical manner in compliance with the Massachusetts Rules of Professional Conduct; • To adhere to strict legal and regulatory requirements of confidentiality and prohibitions against unauthorized disclosure of sensitive, confidential and privileged information. • To protect the citizens of the Commonwealth by maintaining legal standards that provide qualified medical care by physicians of good moral character;
Performs other duties as required.
MINIMUM ENTRANCE REQUIREMENTS:
Applicants must have at least (A) five years of full-time, or equivalent part-time, supervisory or managerial experience in the particular specialty (i.e. scientific, professional, or technical) and (B) of which at least two years must have been in a managerial capacity. The above entrance requirements are to be used only for positions for which educational and/or experience requirements have not been established by the General Laws. Entrance requirements established for particular positions by law must be used.
SPECIAL REQUIREMENTS: Applicants must possess current licensure and/or registration requirements established for the performance of the duties of the position.
Strongly Preferred Qualifications:
• 10+ years of practice of law, with significant government and health care policy, regulatory and/or administrative law plus litigation experience • A thorough understanding of constitutional law, administrative law and professional licensing issues • Should have proven management and leadership skills • Excellent writing skills are essential and incumbent should be comfortable speaking publicly to large groups • Flexibility and creativity are critical in developing policy positions and in proposing legally sound solutions to cases reviewed by the Board • General Counsel should be able to organize and prioritize many different competing projects, and should be able to shift quickly between subjects • Must be able to inspire confidence and command respect of staff, Board members, licensees and public.
SPECIAL REQUIREMENTS: Membership in good standing in the Bar of the Supreme Judicial Court of Massachusetts.