§ 29:764 — Public Health Emergency Plan

§764. Public Health Emergency Plan
A. Content. The Subcommittee on Chemical and Biological Terrorism of the
Homeland Security Advisory Council shall, within twelve months of its appointment, deliver
to the governor a plan for responding to a public health emergency, incorporating all
applicable provisions of the State Operations Emergency Plan and including provisions or
guidelines on the following:
(1) The organizational structure shall be established in accordance with the Louisiana
Homeland Security and Emergency Assistance and Disaster Act, as amended (R.S. 29:721
et seq.), and shall utilize the command and control structure established under the state
homeland security and emergency preparedness agency. The secretary of the Louisiana
Department of Health or his designee shall be the principal advisor to the director and
assistant directors of the Governor's Office of Homeland Security and Emergency
Preparedness.
(2) Tailoring the disaster emergency plan to include the unique aspects relevant to
a public health emergency or bioterrorism incident, including but not limited to:
(a) The location, procurement, storage, transportation, maintenance, and distribution
of essential materials, including but not limited to medical supplies, drugs, vaccines,
antidotes, food, shelter, clothing and beds.
(b) The continued, effective operation of the judicial system including, if deemed
necessary, the identification and training of personnel to serve as emergency judges regarding
matters of isolation and quarantine as described in this Chapter.
(c) The method of evacuating populations, and housing and feeding the evacuated
populations.
(d) The identification and training of health care providers to diagnose and treat
persons with infectious diseases.
(e) The vaccination of persons, in compliance with the provisions of this Chapter.
(f) The treatment of persons who have been exposed to or who are infected with
diseases or health conditions that may be the cause of the public health emergency.
(g) Tracking the source and outcomes of infected persons.
(h) Provisions permitting persons for reasons of health, religion, or conscience to
refuse medical examination or testing, vaccination, or medical treatment; provided, such
persons may be subject to isolation or quarantine under the provisions of this Chapter.
(3) Ensuring that each municipality and parish within the state identifies the
following:
(a) Sites where persons can be isolated or quarantined in compliance with the
conditions and principles of this Chapter.
(b) Sites where medical supplies, food, and other essentials can be distributed to the
population.
(c) Sites where public health and emergency workers can be housed and fed.
(d) Routes and means of transportation of people and materials.
(4) Protecting the citizens of the state regarding:
(a) Protection of individually identifiable health information to the extent possible
within the context of the public health emergency.
(b) Intrusion upon basic liberties without just cause.
(c) Vaccination and treatment of those exposed to or infected with disease.
(d) Isolation and quarantine by the least restrictive means necessary to prevent the
spread of a contagious or possibly contagious disease to others.
(5) Individuals may be subjected to temporary isolation without notice, but only
when that meets the test of being the least restrictive means necessary.
(6) All actions regarding isolation and quarantine shall receive priority on the
dockets of the specified state judicial district courts.
(7) Those in isolation or quarantine shall be entitled to adequate communication with
family and counsel.
(8) Provisions relative to enlisting the support of in-state and out-of-state health care
providers to assist in the inoculation, treatment, isolation, quarantine or other measures
necessary to properly manage the public health emergency.
(9) Provide for the temporary appointment, licensing or credentialing of health care
providers who are willing to assist in responding to the public health emergency.
B. The Governor's Office of Homeland Security and Emergency Preparedness shall
distribute this plan to those who will be responsible for its implementation, other interested
persons, and the public, and seek their review and comments.
C. The Homeland Security Advisory Council shall ensure that the plan be maintained
current to the maximum extent possible.

Legislative History

Acts 2003, No. 1206, §1; Acts 2006, 1 st Ex. Sess., No. 35, §§1, 8, eff. March 1, 2006; Acts 2006, No. 442, §3, eff. June 15, 2006.