§ 29:765 — Measures to detect and track public health emergencies

§765. Measures to detect and track public health emergencies
A. Reporting. Reporting shall be in accordance with directives and procedures
established by the Governor's Office of Homeland Security and Emergency Preparedness in
conjunction with the office of public health and shall include the following information:
(1) Illness or health condition.
(a) A health care provider, coroner, laboratory official, veterinarian, or medical
examiner shall report all cases of persons or animals who harbor any illness or health
condition that may be potential causes of a public health emergency.
(b) Reportable illnesses and health conditions include but are not limited to the
diseases caused by the biological agents listed in 42 CFR §72, app. A (2000) or in the
Louisiana State Sanitary Code, and any illnesses or health conditions identified by the
Louisiana Department of Health, office of public health or the Homeland Security Advisory
Council, as provided in regulations.
(2) Manner of reporting.
(a) The report shall be made immediately by telephone to the office of public health,
infectious disease epidemiology section, as required by the Louisiana State Sanitary Code,
and then electronically or in writing within twenty-four hours to the Governor's Office of
Homeland Security and Emergency Preparedness, office of public health-infectious disease
epidemiology section, or the state health officer. In all instances it is the responsibility of
these agencies to insure that the secretary of the Louisiana Department of Health, the office
of public health, the state health officer and the Governor's Office of Homeland Security and
Emergency Preparedness are immediately notified of any report.
(b) The report shall include as much of the following information as is available:
(i) The specific illness or health condition that is the subject of the report.
(ii) The patient's name, date of birth, sex, occupation, and current home and work
addresses.
(iii) The name and address of the health care provider, coroner, or medical examiner
and of the reporting individual, if different.
(iv) Any other information needed to locate the patient for follow-up.
(c) For cases related to animal or insect bites, the suspected locating information of
the biting animal or insect, and the name and address of any known owner, shall be reported.
(3) The Governor's Office of Homeland Security and Emergency Preparedness shall
enforce the provisions of this Section in accordance with existing enforcement rules and
regulations.
B. Tracking.
(1) The public health authority shall ascertain the existence of cases of an illness or
health condition that may be potential causes of a public health emergency.
(2) The public health authority shall investigate all such cases for sources of infection
and to ensure that they are subject to proper control measures.
(3) The public health authority shall define the distribution of the illness or health
condition and shall have the authority to identify exposed individuals.
C. Information sharing.
(1) Whenever the public safety authority or other state or local government agency
learns of a case of a reportable illness or health condition, an unusual cluster, or a suspicious
event that it reasonably believes may be the cause of a public health emergency, it shall
immediately notify the Governor's Office of Homeland Security and Emergency
Preparedness and the office of public health.
(2) Whenever the public health authority learns of a case of a reportable illness or
health condition, an unusual cluster, or a suspicious event that it reasonably believes has the
potential to be caused by bioterrorism, it shall immediately notify the Governor's Office of
Homeland Security and Emergency Preparedness, the secretary of the Louisiana Department
of Health, the public safety authority, tribal authorities, and federal health and public safety
authorities.
(3) Sharing of information on reportable illnesses, health conditions, unusual
clusters, or suspicious events between public health and safety authorities shall be restricted
to the information necessary for the treatment, control, investigation, and prevention of a
public health emergency.
D.(1) As used in this Subsection, "reporting entity" includes a health care provider,
coroner, laboratory official, veterinarian, medical examiner, public health authority, public
safety authority, and other state or local government agency.
(2) A reporting entity shall submit protected health information in the custody of the
entity to the Governor's Office of Homeland Security and Emergency Preparedness, the
Military Department, state of Louisiana, office of public health, public health authority,
governor, public safety authority, tribal authority, and federal health and public safety
authorities as required in this Section, in order that they may perform their respective
functions and duties as provided in this Chapter.
(3) Protected health information submitted pursuant to this Chapter to the Governor's
Office of Homeland Security and Emergency Preparedness, Military Department, state of
Louisiana, office of public health, public health authority, governor, public safety authority,
tribal authority, and federal health and public safety authority shall be confidential and shall
be disclosed only as provided in this Chapter or as otherwise required or authorized by state
or federal law.
(4) The furnishing of protected health information or in accordance with this Section
by any reporting entity shall not expose the entity to liability and shall not be considered a
violation of any privileged or confidential relationship.
(5) Nothing in this Subsection shall prohibit the publishing of statistical compilations
pertaining to potential causes of a public health emergency which do not identify individual
cases, confidential sources of information, religious affiliations, or individual health care
providers.
(6) Any person who intentionally discloses any protected health information to any
third person, unless authorized or required by state or federal law, shall be subject to civil
penalties as provided in R.S. 40:3.1(G) which shall be paid to the person whose record was
unlawfully disclosed. Nothing in this Subsection shall prevent a person damaged by an
unauthorized intentional disclosure from collecting civil damages to the extent of any actual
damages suffered because of such a disclosure.

Legislative History

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