Louisiana Revised Statutes 29:765 – 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
Terms Used In Louisiana Revised Statutes 29:765
- Bioterrorism: means the intentional use of any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, to cause death, disease, or other biological malfunction in a human, an animal, a plant, or other living organism in order to influence the conduct of government or to intimidate or coerce a civilian population. See Louisiana Revised Statutes 29:762
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Health care provider: means a clinic, person, corporation, facility, or institution which provides health care or professional services by a physician, dentist, registered or licensed practical nurse, pharmacist, optometrist, podiatrist, chiropractor, physical therapist, psychologist, or psychiatrist, and any officer, employee, or agent thereof acting in the course and scope of his service or employment. See Louisiana Revised Statutes 29:762
- Infectious disease: means a disease caused by a living organism or other pathogen, including a fungus, bacteria, parasite, protozoan, or virus. See Louisiana Revised Statutes 29:762
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Protected health information: includes any health or medical information, document, or record designated as confidential by state or federal law. See Louisiana Revised Statutes 29:762
- Public health authority: means the secretary of the Louisiana Department of Health, or his designee, and the state health officer. See Louisiana Revised Statutes 29:762
- public health emergency: means an occurrence or imminent threat of an illness or health condition that:
(a) Is believed to be caused by any of the following:
(i) Bioterrorism. See Louisiana Revised Statutes 29:762
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 La. Rev. Stat. 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.
Acts 2003, No. 1206, §1; Acts 2006, 1st Ex. Sess., No. 35, §8, eff. March 1, 2006; Acts 2006, No. 442, §3, eff. June 15, 2006.