Skip to main content
. 2007 Apr;97(Suppl 1):S73–S81. doi: 10.2105/AJPH.2006.104240

TABLE 2—

Public Health–Related Legal Issues Identified During the 2005 Hurricane Disasters as Identified by Legal Counsel and Other Officials: October–December, 2005

Major Category Identified Legal and Emergency Preparedness—Related Issues
Protection of people
    Evacuee services
  • Disaster declarations in neighbor state complicated the process of housing Louisiana evacuees

  • Services coordinated by nongovernmental organizations and local health units

  • City, Red Cross, and county responsible for large public shelters

  • Although city does not provide WIC and or aid to families with dependent children, officials facilitated provision of federal services (including Federal Emergency Management Agency aid) to evacuees

    Health and safety
  • Governor issued Executive Order to allocate funds to buy pharmaceuticals

  • Pharmacies filled prescriptions without actual prescriptions or records and ones written by out-of-state doctors

    Evacuation: general
  • Access and availability of gasoline resources for evacuees must be identified before evacuation

  • Many residents had anxiety about housing evacuees from certain locations because of a belief they might be dangerous

    Evacuation: pets
  • Government liability when evacuees refuse to leave their pets

  • Jurisdiction provided shelter for 500 dogs of unknown vaccination status but had concerns regarding zoonotic disease and cotransportation and colocation with humans

  • Pending bill would mandate state and local governments to prepare plans for sheltering dogs

    Mortuary law and preparedness
  • Emergency planning law allows the state to take over the function of the coroner

  • Federal Emergency Management Agency Disaster Mortuary Operational Response Team wanted 1 point of contact in state and to establish 1 central morgue

  • Bodies floated out of mausoleums with storm surge

  • National news media request for global positioning system information on locations of human remains conflicted with state law requiring notification of next-of-kin first before releasing information to the public

Mobilizing professional resources
    EMAC and mutual aid
  • Governor’s state of emergency declaration meant credentialing requirements for health care workers were waived

  • Licensing boards handled issues, including the utilization of out-of-state licensed healthcare professionals

  • Physicians, emergency management technicians, and paramedics and organizations examining nursing model to develop mutual aid compacts

  • One jurisdiction used professionals with out-of-state licenses; another waived all licensing requirements

  • EMAC worked well—of no concern

  • Federal Emergency Management Agency and other federal agencies assisted with housing evacuees and medical care

  • Executive Orders were prepared ahead of time to allow out-of-state medical professionals to work in state

  • “Self-dispatched resources” expected the receiving jurisdictions to provide food, supplies, and housing

  • Questions about liability for healthcare professionals were often answered by EMAC and state law, but a patchwork of regulations made answer to questions difficult in some cases

    Interjurisdictional coordination
  • Confusion about authority and hierarchy among Army National Guard, city police, and health departments posed issues at shelters

  • Coordination and communication with Federal Emergency Management Agency difficult because of differences in the assessment of urgent needs and incompatible technologies

  • Excellent coordination with DHHS and officials on location in hurricane-affected states

  • Officials in constant contact with state health officers in neighbor states

  • Mayor and county judge appeared at press conferences to show united front between jurisdictions

    Communication
  • Communication done well, despite breakdown of communication between 2 neighbor states

  • No working modes of communication for state officials, and no sharing of communication resources between Army and state

Declaration of emergency
    Mandatory evacuation
  • Confusion over meaning and enforcement of mandatory evacuation

  • Confusion over the reason behind issuing “mandatory” evacuation without a means of enforcement

  • Licensed nursing homes required to evacuate

    Public health emergency declaration
  • At least 1 jurisdiction had no mechanism for declaring public health emergency as required to trigger federal assistance

  • State health officer has no emergency powers, cannot issue waivers of hospital requirements, cannot waive rules requiring prescriptions for drugs, and so on

  • Health department made decisions without express authority

    Emergency waivers, powers, orders
  • When a resident refused to leave, officials sometimes procured necessary items for them such as generators or tents in any way they could

  • Health agency requested the governor to create a law appropriating money by emergency orders

  • Federal Emergency Medical Treatment and Active Labor Act waiver for 72 hours was too short for some jurisdictions; some hospitals were still not

  • operational after 72 hours and 1 turned away an ambulance, in violation of federal law

Past lessons and future planning
  • The jurisdiction learned that predisaster training and planning were effective, as were waivers issued ahead of the crisis.

  • Jurisdiction is currently working to create legislation to grant broad authority to the state to Health Officer to protect the public’s health in the event

  • of a declared emergency

  • Jurisdiction is working to create legislation to give local authority to waive rules without the Administrative Procedures Act

  • Legislation is being considered for licensing out-of-state medical professionals

Management of property
  • The military cannot legally go onto private property to clean or remove debris

  • Health department allowed removal of debris on private property if debris could be considered public health hazard

  • Rule prohibiting county property from being taken onto private property waived for debris removal

  • Where officials were not specifically authorized to issue waivers, they did so on the basis of a cost/benefit analysis

  • Homeowners contacted when possible, but if it was necessary to remove debris without notice, officials indicated location of removed property on maps

Note. EMAC = Emergency Management Assistance Compact; DHHS = Department of Health and Human Services; WIC = The Special Supplement Nutrition Program for Women, Infants, and Children.