Legal Counsel, Professional Conduct Review

BC College of Nurses and Midwives•Vancouver, BC

2h•CA$111,320 - CA$149,885•Hybrid

About The Position

The British Columbia College of Nurses & Midwives (“BCCNM”) is the college empowered under the Health Professions Act to regulate the practice of all licensed practical nurses, nurse practitioners, registered midwives, registered nurses, and registered psychiatric nurses in British Columbia. Regulation helps to protect the public by ensuring that professional care or service received by the public is competent, ethical, and meets the standards that society views as acceptable. As western Canada’s largest health profession regulator, we believe a diverse and inclusive team enriches our efforts to protect the public. We welcome applications from all who reflect of the communities we serve and especially encourage Indigenous Peoples and members of equity-seeking groups to apply. We believe diverse perspectives and experiences bring both innovation and better outcomes to the work we do and the decisions we make. BCCNM is committed to working with Indigenous Peoples and health system partners to support Indigenous-specific anti-racist practices in the health system. As the largest health regulator in Western Canada, BCCNM has the opportunity to influence the health professionals we regulate, as well as the broader health-care system, to break the cycle of racism, and improve health outcomes for Indigenous Peoples. BCCNM has pledged to become culturally safe and anti-racist, and to support the health professionals we regulate to do the same.

Requirements

Bachelor of Law Degree or Juris Doctor required.
Must be a practicing member in good standing of the Law Society of B.C.
Three to ten years’ experience in administrative, criminal, or medical malpractice law, or equivalent.
Demonstrates a commitment to ongoing learning related to Indigenous cultural safety and humility to constructively disrupt indigenous-specific racism in BC’s health care system.
Demonstrated understanding of diversity, inclusion, and cultural humility as they apply to nursing and midwifery practice and health care.
Superior organizational skills, experience in managing a high volume of work and large caseload, and the ability to handle diverse situations as they arise.
Ability to prioritize and work effectively under continual deadlines with limited resources.
Ability to work within a number of statutory frameworks and apply relevant legal principles to diverse issues.
Ability to exercise good judgment in recognizing scope of authority and protecting confidential information.
Ability to establish and maintain professional relationships with licensees, external partners, and the public.
Intermediate to advanced skills with MS Office suite is required.
Excellent oral, written and interpersonal communication skills with a plain-language and trauma-informed focus.

Nice To Haves

Professional regulation and health law experience preferred.
Experience working with Indigenous and equity-deserving groups preferred.
Experience with distinctions-based legal principles an asset.
Alternative dispute resolution and facilitation/mediation experience is an asset.
Experience providing advice to non-legal peers is an asset.
Experience with MS CRM Dynamics and MS SharePoint is an asset.
Experience with volunteer or elected boards is an asset.
Knowledge of the Health Professions and Occupations Act, Health Professions Act, Declaration on the Rights of Indigenous Peoples Act (DRIPA), and BCCNM bylaws, FOIPPA legislation, PIPEDA and the Privacy Act is an asset.
Knowledge of Canadian colonial impacts on Indigenous people in social and health contexts, including social, economic, political, and historical realities impacting Indigenous communities and knowledge of Indigenous-specific anti-racism and accompanying reports (e.g. The Truth & Reconciliation Commission’s 94 Calls to Action (2015), the In Plain Sight Report (2020), and Reclaiming Power and Place’s Calls for Justice (2019)) is an asset.
Demonstrated understanding of equity, diversity, inclusion, and cultural humility as they apply to health care is an asset.

Responsibilities

Provides legal analysis and advice to staff, leadership and statutory decision-making bodies regarding professional conduct review matters, from a risk-based and trauma-informed perspective. This includes providing legal advice on investigative strategy and outcomes, drafting reasons, and negotiating consent resolutions.
Takes carriage of legal proceedings in a team model, including summary protection applications, records applications, discipline hearings, judicial reviews and reviews by the Health Professions Review Board.
Provides instruction to external counsel on PCR matters and may support alternative resolution processes.
Supports continuous review and improvement of complaint intake and assessment processes, including implementation of culturally safe and distinctions-based processes.
Collaborates on the creation, organization and maintenance of databases; risk matrixes; decision trees; bring forward systems; disposition charts and other resource materials.
Maintains an understanding of privacy law as it applies to the work of PCR. May manage Privacy and Freedom of Information (FOI) matters related to the PCR department, including breach management, privacy requirements arising out of PCR investigations and/or complaints.
May conduct investigations.
Supports PCR team to review bylaws, policies, and procedures to ensure legal compliance and best practice.
Identifies legally complex cases and issues as they arise and provides legal advice to staff, committees, the Executive Director/Deputy Registrar, Registrar/CEO, or the Board, as appropriate, on both a discrete and operational level. Liaises with staff throughout the organization.
Provides legal training and information to staff, committee members, and as appropriate, licensees and the public.
Demonstrates a commitment to ongoing learning related to Indigenous cultural safety and humility and supporting organizational actions towards addressing indigenous-specific racism in BC’s health care system.
Fosters and maintains an organizational culture that promotes equity, diversity and inclusion, mutual respect, teamwork, and service excellence.