AG: State must OK emergency response

Published 12:00 am Wednesday, September 22, 2010

By TOM ASWELL

CONTRIBUTING WRITER

BATON ROUGE — The Governor’s Office of Homeland Security and Emergency Preparedness takes precedence over local governmental entities in initiating a response to any medical or non-medical emergency, according to an attorney general’s opinion provided to District Attorney Ricky Babin.

Babin requested the legal opinion in a letter to the attorney general’s office.

In his letter, he indicated that the St. James Parish Council was in the process of developing a public health emergency plan. Babin then asked if a local political subdivision had the authority to conduct any operational activities, medical or non-medical, during a declared public health emergency without a specific request or coordination from GOHSEP or the State Department of Health and Hospitals.

Assistant Attorney General Meridith J. Trahant, in her three-page response, said any operational activity in response to a declared public health emergency must be approved and/or directed by GOHSEP.

At the same time, Trahant, in response to a second part of Babin’s inquiry, said the Louisiana Homeland Security and Emergency Assistance Act does provide immunity from legal liability to anyone providing emergency preparedness activities in compliance with the act “except in case of willful misconduct” in case of injury or death or damage to property as a result of such activity.

Babin said the Louisiana Health Emergency Powers Act was enacted by the Legislature to protect Louisiana residents from public health consequences from both natural and man-made emergencies by empowering the governor and GOHSEP with various responsibilities which would be executed during a declared public health emergency.

Babin said provisions of LHEPA “explicitly state that GOHSEP is the state entity granted emergency powers during a declared public health emergency. As a result, GOHSEP is the only governmental entity with the power to authorize and coordinate all matters pertaining to the public health emergency response of the state once a public health emergency is declared.”