RS 29:764     

§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.

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