Department of Consumer Affairs



Department of Consumer Affairs

Position Duty Statement

HR-41 (Revised 7/2015)

|Classification Title |Board/Bureau/Division |

| | |

|CEA B |Medical Board of California |

|Working Title |Office/Unit/Section / Geographic Location |

| | |

|Deputy Director |Executive Office / Sacramento |

|Position Number |Effective Date |

| | |

|629-110-7500-001 | |

Under the general direction of the Executive Director, the Deputy Director of the Medical Board of California is the second organizational level solely responsible for assuring the efficient and effective daily operations of the organization, the delivery of program services and compliance with statutes. The Deputy Director responsibilities include development of policy initiatives based on the Board’s strategic planning goals and statutory mandates. The Deputy Director provides expertise over complex legal and regulatory issues involving the practice of medicine and other allied health programs. The incumbent plans, organizes and directs the activities of the Board’s Administration Services, Licensing, Enforcement and Physician Health and Wellness Programs. The Deputy Director acts as a consultant for Board, departmental, and Committee members; prepares and presents Board agenda items; attends meetings of the Board; and performs or assists the Executive Director in handling administrative and executive matters relating to the Board. These responsibilities include developing and implementing program policies, formulating and recommending policy, and developing and implementing the Board’s statutes and regulations. The Deputy Director has full delegated authority to act on behalf of the Executive Director in their absence in the full range of policy and administrative duties. The incumbent independently accepts or proposes alternatives for stipulated settlement which require formal adoption by the Board. Duties include, but are not limited to, the following:

A. SPECIFIC ASSIGNMENTS [Essential (E) / Marginal (M) Functions]

35% ADMINISTRATION OVERSIGHT (E)

• Acts on behalf of the Executive Director in their absence, with full delegated authority over all policy, resource allocation, personnel and licensee disciplinary matters, including approval of legal documents such as Accusations, Statements of Issues, Stipulated Settlements, and others. Acts as the principal administrator for Board programs. Reviews and approves responses prepared for signature by the Executive Director or Board members. Reviews and approves VIP correspondence prepared for the Governor, Legislators, Constitutional Officers, Agency, Department of Finance and Consumer Affairs officials. Assists in the development of agendas for the quarterly Board meetings and Committee meetings. (10%)

• Delegates, through subordinate managers and supervisors, assignments, program issues and special projects. Assigns staff various permanent and ad hoc committees of the Board. Provides guidance and expertise to the Board’s managers and staff. Identifies inefficient and ineffective program operations. Directs subordinate staff to develop solutions, implement changes and evaluate the effectiveness and efficiency of the changes. Oversees and participates in the development of the MBC Annual Report. Identifies and analyzes studies, legislation and various issues affecting the MBC. Determines and reports the probable impact of studies, legislation and various issues affecting the MBC. (10%)

• Represents the Board before the Department of Consumer Affairs; Department of Finance; Business, Consumer Services, and Housing Agency; the Legislature; physician and public organizations; and other interested parties on the Board’s functions, including budgetary, personnel, licensing, and enforcement matters. (5%)

• Evaluates and assures the efficient and effective use of Board funds. Analyzes resource needs of the programs. Directs the development of the Board’s budget. Approves the Board’s major expenditures. Authorizes redirection of funds within Board programs to meet goals and priorities. (5%)

• Directly selects, supervises, trains and evaluates the performance of direct reporting staff. Sets Board’s policies for hiring, training, evaluating and retention. Administers the provisions of Civil Service law and regulations. Acts as the Board’s second appeal level in adverse actions and other personnel actions. (5%)

30% PROGRAM AND ADMINISTRATIVE DIRECTION (E)

• Manages, plans, and directs the activities of professional, technical and clerical staff to carry out the Board’s policies and directives to carry out the Board’s mission. Hires, trains and evaluates the performance of direct reporting staff. (20%)

• Directs the development of program budgets and schedules for the Board. Assigns and monitors special projects, including but not limited to development and ongoing maintenance of the Board’s sunset review. Reviews and evaluates the Board’s Strategic Plan to ensure it is current with the ever-changing environment and emerging issues. Assures the development of staff and allocation of resources to ensure organizational effectiveness through consistent, uniform policies and procedures. Ensures that the Board maintains and upgrades automated systems to keep the Board current with evolving technology and compliance with state security objectives. Ensures the provisions of the State Administrative Manual are adhered to. (10%)

20% POLICY DEVELOPMENT AND IMPLEMENTATION (E)

• Develops and implements specific policies and procedures for the efficient and effective administration of the various programs under the jurisdiction of the Board. Develops and implements policies and procedures for the efficient and effective administration of the Board’s programs. Provides information, policies, procedures and recommendations on behalf of the Board. Provides programmatic oversight for the Administration Services, Licensing, Enforcement and Physician Health and Wellness Programs including promulgating and interpreting policies established by the Board members, the Executive Director, and by this position’s past and current incumbents. Participates in meetings, seminars, workshops and other forums. Represents the Board, including Enforcement and Licensing, in meetings, negotiations, hearings and other forums. (10%)

• Provides guidance to staff, Board Members, professional organizations, licensees and the public with regard to the laws and regulations governing the functions of the Board. Proposes solutions to problems identified by Board Members, staff, consumers and licensees. (10%)

15% DISCIPLINARY ACTIONS (E)

• Reviews draft accusations and statement of issues to ensure action is warranted. Reviews the charges to be filled based on the substantiated evidence. (5%)

• Approves, denies or proposes alternatives to licensing actions. (5%)

• Acts independently to accept or negotiate alternatives for stipulated settlement agreements upon the recommendation of the Attorney General’s (AG) Office. Discusses disciplinary actions with the AG’s Office. Reviews stipulated decisions from the AG’s Office. Reviews proposed decisions from the Administrative Law Judge. Presents stipulated settlement agreements to the Board Members for adoption. Acts as the liaison between the Board and AG’s for civil cases. (5%)

B. Supervision Received

The Deputy Director reports to the Medical Board’s Executive Director (exempt).

C. Supervision Exercised

The Deputy Director has direct supervision over Administration Services, Licensing, Enforcement and the Physician Health and Wellness Program including: two CEA As, an Information Technology Manager I, Business Services Manager, Administrative Services Manager, Research Program Specialist II and one AGPA.

D. Administrative Responsibility

The Deputy Director, independently and through subordinate staff, is responsible for planning, organizing and directing the operations of the Board’s programs. The incumbent has full-delegated authority to act in behalf of the Executive Director in their absence. The incumbent is responsible for policy development for the efficient operations of the Board. Additionally, the incumbent oversees the licensing and enforcement functions and the fiscal and personnel administration.

E. Personal Contacts

The Deputy Director has direct daily contact with Medical Board executive staff members, Administrative Services and direct reporting staff. The incumbent has direct regular contact with the Department of Consumer Affairs, Attorney General’s Office, Department of Justice, and Office of Administrative Hearings. The incumbent has direct occasional contact with Board Members; other state agencies; Business, Consumer Services, and Housing Agency; California Medical Association; Governor’s Office; Legislators; and other health related associations.

F. Actions and Consequences

The incumbent is relied upon by the Executive Director, Executive Management and the Board to independently recommend policies and legislation that will reflect the needs of the Medical Board of California. As a top management advisor, the responsibilities of this position have widespread political and health and safety consequences significantly impacting the healthcare consumers in California. The judgment exercised and the decisions made determines the efficiency and effectiveness of the Board’s regulatory function and has a significant impact on the operations of the Board, California’s healthcare consumers, physicians and surgeons. If the Deputy Director does not perform the position’s responsibilities and duties adequately, the Board would not be upholding the mission of the Medical Board of California to protect consumers through proper licensing and regulation of physicians and surgeons and certain allied healthcare professions and through the vigorous, objective enforcement of the Medical Practice Act. Thus, California health care consumers may receive improper care and be at risk to be harmed, maimed or killed at the hands of an unqualified physician or surgeon.

G. Functional Requirements

No specific physical requirements are required: the incumbent works in an office setting, with artificial light and temperature control which includes traveling throughout the State to various meetings, symposiums and various health care associations. Daily access to and use of a personal computer and telephone is essential. Sitting and standing requirements are consistent with office work. Travel is required throughout California. Incumbent is required to travel by commercial carrier or auto whichever method is in the best interest of the State. Travel may be for one or several consecutive days.

H. Other Information

Incumbent must possess excellent writing and verbal communication skills, use good judgment in decision-making, exercise creativity and flexibility in problem identification and resolution, manage time and resources effectively, and are responsive to MBC Staff, Board and Committee Members and DCA management needs. The incumbent must maintain current knowledge and information about a wide variety of issues and topics which impact or relate to the Board’s functions or policies. Additionally, the incumbent is a Work Week Group E employee and is expected to work an average of 40 hours per week each year, and may be required to work specified hours based on the business needs of the office.

The Deputy Director position requires a good work ethic, diplomacy, maturity, excellent communication, interpersonal and writing skills, analytical and problem solving skills, and attention to detail. The incumbent should be knowledgeable of the activities of regulatory programs (licensing and enforcement), administrative services functions (budget process, personnel, information technology and business services) and the legislative process. The position requires ability to develop and implement policies and procedures, evaluate operations program policies, manage large programs and professional staff and work closely with Board Members, licensees, and consumer groups. Knowledge and proficiency in the use of personal computers and standard office software is required.

The employee regularly deals with highly sensitive and confidential issues and/or with materials that may be explicit or graphic. The position participates in critical negotiations affecting the California Healthcare Consumers. The employee is expected to maintain privacy and confidentiality of documents and topics pertaining to individuals or to sensitive investigative matters at all times. The employee is required to work with priorities and deadlines changing continually.

Title 11, section 703 (d) of the California Code of Regulations requires criminal record checks of all personnel who have access to Criminal Offender Record Information (CORI). Pursuant to this requirement, applicants for this position will be required to submit fingerprints to the Department of Justice and be cleared before hiring. In accordance to DCA’s (CORI) procedures, clearance shall be maintained while employed in a CORI-designated position. Additionally, the position routinely works with sensitive and confidential issues and/or materials and is expected to maintain the privacy and confidentiality of documents and topics pertaining to individuals or to sensitive program matters at all times.

I have read and understand the duties listed above and I can perform these duties with or without reasonable accommodation. (If you believe reasonable accommodation is necessary, discuss your concerns with the hiring supervisor. If unsure of a need for reasonable accommodation, inform the hiring supervisor, who will discuss your concerns with the Health & Safety analyst.)

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Employee Signature Date

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Printed Name

I have discussed the duties of this position with and have provided a copy of this duty statement to the employee named above.

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Supervisor Signature Date

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Printed Name

Revised: 4/2020

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