§769. Special powers during a state of public health emergency; control of property
A. Emergency measures concerning facilities and materials. The Governor's Office
of Homeland Security and Emergency Preparedness, in consultation with the secretary of the
Louisiana Department of Health, and state, regional and local public health emergency
agencies, may exercise, in accordance with such declaration of public health emergency and
for such period as the state of public health emergency exists, the following powers over
facilities and materials:
(1)To close, direct and compel evacuation of, or to decontaminate or cause to be
decontaminated any facility of which there is a reasonable cause to believe that it may
endanger the public health.
(2)To decontaminate or cause to be decontaminated, o
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§769. Special powers during a state of public health emergency; control of property
A. Emergency measures concerning facilities and materials. The Governor's Office
of Homeland Security and Emergency Preparedness, in consultation with the secretary of the
Louisiana Department of Health, and state, regional and local public health emergency
agencies, may exercise, in accordance with such declaration of public health emergency and
for such period as the state of public health emergency exists, the following powers over
facilities and materials:
(1) To close, direct and compel evacuation of, or to decontaminate or cause to be
decontaminated any facility of which there is a reasonable cause to believe that it may
endanger the public health.
(2) To decontaminate or cause to be decontaminated, or destroy any material of
which there is reasonable cause to believe that it may endanger the public health.
B. Access to and control of facilities and property. The Governor's Office of
Homeland Security and Emergency Preparedness, in consultation with the secretary of the
Louisiana Department of Health and state, regional and local public health emergency
agencies, may exercise, in accordance with such declaration of public health emergency and
for such period as the state of public health emergency exists, the following powers
concerning facilities, materials, roads, and public areas.
(1) To procure, by appropriation or otherwise, construct, lease, transport, store,
maintain, renovate, or distribute materials and facilities as may be reasonable and necessary
to respond to the public health emergency, with the right to take immediate possession
thereof. Such materials and facilities include but are not limited to:
(a) Communication devices.
(b) Carriers.
(c) Real estate.
(d) Fuels.
(e) Food and clothing.
(2) Provision of services or use of a health care facility. In accordance with Annex
M of the State Emergency Operations Plan and the State Weapons of Mass Destruction Plan,
health care facilities are to coordinate the medical care reasonable and necessary to respond
to the declared public health emergency.
(3) In accordance with R.S. 40:10 and as may be reasonable and necessary to respond
to a state of public health emergency, the state health officer may employ any means to
control the use of food, fuel, clothing, and other commodities. The following meanings shall
apply:
(a) "Any means" includes rationing, quotas, allocations, prohibitions of shipments,
or other means.
(b) "Control" includes inspect, restrict or regulate.
(c) "Use" includes sale, dispensing, distribution and transportation.
C. Safe disposal of infectious waste. The public health authority may exercise, for
such period as the state of public health emergency exists, the following powers regarding
the safe disposal of infectious waste:
(1) To adopt and enforce measures to provide for safe disposal of infectious waste,
as may be reasonable and necessary to respond to the public health emergency. Such
measures may include but are not limited to:
(a) Collection.
(b) Storage.
(c) Handling.
(d) Destruction.
(e) Treatment.
(f) Transportation.
(g) Disposal of infectious waste.
(2) Control of facilities.
(a) To require any business or facility authorized to collect, store, handle, destroy,
retreat, transport, and dispose of infectious waste, and any landfill business or other such
property, to accept infectious waste, or provide services or the use of the business, facility,
or property if such action is reasonable and necessary to respond to the public health
emergency as a condition of licensure, authorization, or the ability to continue to do business
in the state as such a business or facility.
(b) The use of the business, facility, or property may include transferring the
management and supervision of such business, facility, or property to the public health
authority for a limited or unlimited period of time, but shall not exceed the termination of the
declaration of a state of public health emergency.
(3) Use of facilities. To appropriate or otherwise procure the following, as may be
reasonable and necessary to respond to the public health emergency, with the right to take
immediate possession of:
(a) Any business or facility authorized to collect, store, handle, destroy, treat,
transport, or dispose of infectious waste.
(b) Any landfill business or other such property.
D. Safe disposal of human remains. The office of public health may, for such period
as the state of public health emergency exists, exercise control over the disposal of human
remains, as provided for in regulations promulgated in accordance with R.S. 49:950 et seq.
E. Temporary registration of health care professionals. Any board or commission
placed within the Louisiana Department of Health or the Department of Agriculture and
Forestry by R.S. 36:259(A)(1) through (16), (19) through (21), and (24) and (F)(3) and
629(M) may exercise during such period as the declared state of public health emergency
exists, the power reasonably necessary to issue temporary registrations to health care
providers licensed, certified, or registered in another jurisdiction of the United States whose
licenses, certifications, or registrations are current and unrestricted and in good standing in
such jurisdictions. The boards and commissions may promulgate rules creating an expedited
emergency process for issuance of emergency temporary registrations. Such temporary
registrations may be granted for a period of not more than sixty days at the discretion of the
board or commission, with the possible extension of up to two additional sixty-day periods
as determined appropriate and necessary by the board or commission. The temporary
registrants shall register with the respective board or commission prior to providing
professional services in this state. Rules promulgated pursuant to the provisions of this
Section may, at the discretion of the board or commission, provide that the temporary
registrants shall only be allowed to provide gratuitous services specified by the board or
commission, or its designee for such purpose.