1. The Center for Law & the Public’s Health
at Georgetown & Johns Hopkins Universities
CDC Collaborating Center Promoting Health through Law
WHO/PAHO Collaborating Center on Public Health Law and Human Rights
Hampton House, Room 588
624 North Broadway
Baltimore, Maryland 21205
www.publichealthlaw.net
(410) 955-7624; 410-614-9055 [fax]
MEMORANDUM
Hurricane Katrina Response – Legal Protections for VHPs in LA, MS and AL
In response to the current and impending use of volunteer health professionals (VHPs) in the tri-state area
impacted most significantly by Hurricane Katrina, the Center for Law and the Public’s Health has
prepared an initial brief summary table of key legal data and statutory citations concerning protections for
VHPs for each of the three states, Louisiana, Mississippi and Alabama.
This information has been prepared pursuant to the Center’s ESAR-VHP Legal and Regulatory Issues
Project, funded by HRSA as part of its ESAR-VHP Project. For more information about this project and
other legal analysis, including an Advanced tool Kit for addressing related legal issues, please see the
Center website at:
http://www.publichealthlaw.net/Research/Affprojects.htm
Please note - this information is not meant to provide specific legal guidance or advice, but rather serves
as a tool for assessing VHPs legal interests within a specific jurisdiction. Legal advice on the issues
discussed varies depending on state or local laws, the nature of the grantee, and specific circumstances
involved. VHPs and their coordinators should contact their state or territorial ESAR-VHP legal advisor
for specific legal guidance.
Legal Issue Louisiana Alabama Mississippi
Is the state a signatory to the Yes Yes Yes
Emergency Management
Assistance Compact?
Is the state a signatory to the Yes Yes Yes
Southern Regional Emergency
Management Assistance
Compact?
Does the state legally define Yes. Emergency and Yes. Emergency (Ala. Yes. Emergency and
emergency or disaster? Disaster (LSA-R.S. Code 1975 § 31-9-3 Disaster, with varying
29:723); vests Governor (2005)). degrees of disaster and types
with power to suspend of emergencies (Miss. Code
laws that hinder Ann. § 33-15-5)
emergency response
(LSA-R.S. 29:724).

2. Legal Issue Louisiana Alabama Mississippi
Does the state legally define Yes (LSA-R.S. 29:762). No No
public health emergency
(PHE)?
Does the state statutorily Yes. Volunteer First Yes (Ala. Code 1975 § Yes for purposes of
define “volunteer?” Responders to Louisiana 65-336 (2005)) immunity (Miss. Code Ann.
Homeland Security § 95-9-1)
Emergency Assistance
and Disaster Service
(LSA-R.S. 23:1017.1)
Does the state offer some Yes, during an Yes (Ala. Code 1975 § Yes for state/political
liability protections for health emergency or PHE 31-9-16) subdivision employees/
care providers during (LSA-R.S. 29:771) agents during a declared
emergencies? emergency. (Miss. Code
Ann. § 33-15-21). An
unpaid volunteer acting on
behalf of the University
Hospital is afforded
coverage under the Tort
Claims Act. Op.Atty.Gen.
No. 2002-0144, Conerly,
March 29, 2002.
Volunteer Immunity (Miss.
Code Ann. § 95-9-1)
Does the state offer some Yes, during a declared Yes (Ala. Code 1975 § Yes for state/political
liability protection for emergency or PHE 31-9-16) subdivision employees/
hospitals or other health care (LSA-R.S. 29:771, agents during a declared
entities during emergencies? 29:762) emergency. (Miss. Code
Ann. § 33-15-21)
Does the state offer some No Yes, for emergency Yes, for personnel of
workers’ compensation management emergency management
coverage for VHPs or other volunteers (Ala. Code support forces who are
volunteers during 1975 §§ 31-9-21, 31- considered state/political
emergencies? 9-16 (2005)) subdivision employees
(Miss. Code Ann. § 33-15-
15)
Does the state authorize Yes, under EMAC and Yes, under EMAC and Yes, under EMAC and
waiver of licensure SREMAC, but no waiver SREMAC, but no SREMAC, but no waiver is
requirements during is stated under waiver is stated under stated under emergency
emergencies? emergency declaration emergency declaration declaration laws
laws laws
Does the state offer any Yes, for Volunteer First Yes, for members of Yes, for members of the US
statutory reemployment Responders to Louisiana US or AL armed or MS armed forces (Miss.
protections? Homeland Security forces (Ala. Code Code Ann. § 33-1-19)
Emergency Assistance 1975 § 31-2-13)
and Disaster Service
(LSA-R.S. 23:1017.2)