TMB - LIT Attorney IV

Attorney IV

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. Worksclosely 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 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.
• 30% 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.
• 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:

• Graduation from an accredited law school with an L.L.B. or J.D. degree.
• Licensed and in good standing to practice law in Texas for a minimum of three years.
• Litigation experience in administrative, regulatory or healthcare laws, or prosecutorial experience.
• Litigation or administrative hearings experience as lead attorney in cases prosecuted at SOAH preferred.
• Interpreting state and federal healthcare laws, administrative rules, statutes, and regulations experience.
• Performs advanced legal work and analysis, presenting findings to others.
• Must be proficient in Microsoft suite (Word, Excel, Outlook), SharePoint and TEAMS.

Preferred Qualifications:

• Litigation or administrative hearings experience as a lead attorney in cases prosecuted at SOAH.
• Experience with enforcement actions, investigations, or administrative hearings.
• Knowledge of healthcare laws, professional licensing standards, and regulatory compliance.
• Experience with disciplinary actions or contested case hearings.
• Experience in interpreting the Texas Occupations Code and healthcare regulations.

Knowledge, Skills, and Abilities:

• Knowledge of legal principles and practices 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.
• Knowledge of medical terms and definitions.
• Skills in litigation support and case strategy.
• Skills in advising leadership in legal risks, compliance, and policy matters.
• Skills in collaborating across departments such as investigations, enforcement, and licensing.
• Advanced written and verbal communication skills tailored to both legal and non-legal audience.
• Abilities to exercise independent judgement and make sound legal decisions with minimal supervision.
• Abilities to handle highly complex, sensitive, and high-risk legal matters.
• Abilities to interpret and apply laws; analyze information and identify legal risks and defensible positions.
• Abilities to develop legal strategies and recommend courses of action to leadership.
• Abilities to maintain confidentiality and discretion with privileged or sensitive information.
• Abilities to conduct hearings.
• Abilities to conduct research and prepare cases.
• Abilities to adapt quickly to changes in law, policy, rules, and regulatory priorities.
• Abilities to communicate effectively both orally and in writing.
• Abilities to effectively manage multiple duties, set and meet deadlines.
• Abilities to work effectively in a team environment.

Work Environment Requirements:

• Due to office space limitations, this position is eligible for telecommuting up to two days per week. In person attendance of board meetings is required.
• Regular and punctual attendance Monday – Friday.
• Require be in office two days per week and for board meetings.
• 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-related duties.
• The use of personal devices for official work is strictly prohibited unless expressly authorized.
• The Texas Medical Board does not sponsor H-1B visas.
• New hires/rehires 60-day waiting period for health coverage.
• Remarks: Resumes will not be