bereft of merit. Still, the veterinarian may be subject to an investigative interview, a facility inspection, a demand for veterinary records, etc. In most cases, the veterinarian is required to respond, in writing, to the allegations. In some states, the specific allegations are not disclosed to the vet‑ erinarian. Rather, the state agency simply requests that the veterinarian provide written detail as to the nature of care as well as a description of the interaction between the vet‑ erinarian and the complainant. Having counseled hundreds of professionals who faced licensing board investigations, I know this can be an extremely stressful exercise. The state licensing agency has no agenda or axe to grind. The regulatory agency is simply responding to a complaint and attempting to gather facts to provide an analysis on the merit of the complaint. Yet, the activity that the agency must undertake almost always requires some involvement of the veterinarian. While in some instances the veterinarian may not be legally obli‑ gated to cooperate in the investigation, in my experience, a failure to cooperate often results in a more protracted and aggressive investigation. More often than not, the veteri‑ narian’s failure to cooperate in the investigation results in a formal prosecution of the veterinarian’s license. Almost every complaint made to the regulatory agency leads to some level of investigative activity. Still, few investigations result in a “formal complaint” being filed against the vet‑ erinarian. A formal complaint is a public document or pleading that lists specific charges against the veterinarian’s conduct and seeks discipline to the veterinarian’s license. Disciplines can range from reprimand to revocation. The license defense endorsement through the PLIT pro‑ gram entitles the veterinarian to legal counsel from the very beginning of the process. From the first time you are con‑ tacted by the licensing agency and notified that a complaint has been made against you, immediately report your claim to the PLIT office because you are entitled to representation
if the complaint addresses a veterinary incident. The endorsement provides coverage for legal expenses (up to the endorsement limits) incurred in the defense of your license. Do not delay your claim reporting. In every state in the country the PLIT program has law‑ yers versed in administrative and regulatory law. These attorneys are familiar with the licensing agency’s process, attorneys, and investigators. The lawyers who respond on behalf of the PLIT insured veterinarians are experienced in protecting veterinary licenses. The vast majority of the licensing matters opened around the country are subse‑ quently closed with findings that the veterinarian’s conduct did not violate the applicable state law governing the prac‑ tice of veterinary medicine. These closures are largely due to the complaint’s lack of merit. However, this closure rate is also undoubtedly due in no small part to the excellent representation provided through the PLIT program. No matter how confident you are in the quality of care you provide, and no matter how certain you are of a merit‑ less complaint, your confidence will not stop an investiga‑ tion. License defense counsel will assist you in responding to the state licensing board investigator’s request for infor‑ mation and will protect the license that is your livelihood. From a cost efficiency viewpoint, it is in fact a ‘no brainer.’ If a veterinarian does not carry the endorsement and has to retain private counsel, a ten minute teleconference with the attorney may exceed the cost of this premium. The license defense endorsement spares the veterinarian finan‑ cial expense, as well as the cost of the stress and aggrava‑ tion contemplated by a regulatory agency investigation or prosecution. In the past, we have represented many veteri‑ narians who opted to skip the license defense endorsement. Subsequent to the closure of their licensing cases, each voiced deep regret about skipping the endorsement. The truth is that the relatively inexpensive cost of this endorse‑ ment can provide invaluable peace of mind.
This article contains only a general description of coverages and does not include all the benefits and limitations found in the policies. Coverages may vary. All references to coverage are subject to the policy’s conditions and exclusions. The insurance policy and not this article will form the contract between the insured and the insurance company.
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