| Advisory Opinion Request from Nikki Christy Honore', Statewide Nurse Program Consultant for Emergency Preparedness with the La. Dept. of Health, regarding her childcare and health consulting businesses. |
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Dr. Nikki Honore is currently employed as the Statewide Nurse Program Consultant for Emergency Preparedness for the Bureau of Community Preparedness in the Office of Public Health within the Louisiana Department of Health ("LDH"). In this role, she serves as Operations Section Chief for the Emergency Operations Center, which consists of officials and employees from various offices within LDH who act in response to emergency declarations. Among her public duties, Dr. Honore allocates financial and medical resources to regional emergency staff, provides nursing consultation in responses to emergencies, participates in strategic and long-range planning and implementation of public health programs, develops and conducts regional emergency staff risk management training, and implements continuing education programs for statewide public health staff.
Village Kidz Early Learning Center, LLC
Dr. Honore plans to open Village Kidz Early Learning Center, LLC ("Childcare Center") in the Fall of 2021. She will offer childcare services from birth to 12 years of age, Pre-K classes, before and after school care, parent education services, community preparedness events, and community job fairs and skills events. She also plans to offer vaccination clinics (COVID or influenza) for her childcare staff and workers. The Childcare Center requires certification and regulatory approvals annually from the Bureau of Sanitarian Services within LDH to ensure that the center adheres to the Louisiana Sanitary Code. The Childcare Center also requires certifications form the Louisiana Department of Education and the Office of the State Fire Marshal. Dr. Honore stated that she does not perform any work involving child care centers or sanitation certifications in her role as Statewide Nurse Program Consultant for Emergency Preparedness. Dr. Honore asks whether the Code would prohibit her from obtaining the necessary certifications for the Childcare Center.
Honoré Healthcare Consulting Group, LLC
Dr. Honore operates Honoré Healthcare Consulting Group, LLC ("Healthcare Group") which provides health care training services such as health and safety and continuing education training for childcare facilities, childcare continuing education hour credits, American Heart Association Basic Life Support and pediatric CPR courses for healthcare and childcare providers, and mentoring/tutoring services for undergraduate and graduate nursing students. Dr. Honore is a certified La. Child Care Health Consultant through the LDH Bureau of Family Health; an independent La. Pathways trainer though Northwestern State University; and a trainer in American Heart Association Basic Life Support and CPR through Our Lady of the Lake Training Center.
Dr. Honore stated that she does not perform these types of child care training in her role as Statewide Nurse Program Consultant for Emergency Preparedness. She further stated that she would not provide any disaster training services in her private capacity as part of the Healthcare Group.
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La. R.S. 42:1113A(1)(a): No public servant, or member of such a public servant's immediate family, or legal entity in which she has a controlling interest shall bid on or enter into any contract, subcontract, or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
La. R.S. 42:1102(2)(a)(i) defines "agency," for public servants in the twenty principal departments of the executive branch of state government, to mean the office in which such public servant carries out his primary responsibilities.
La. R.S. 42:1102(8) defines "controlling interest" to mean any ownership in any legal entity, held by or on behalf of an individual or member of her immediate family, either individually or collectively, which exceeds twenty-five percent of that legal entity.
La. R.S. 42:1111C(1)(a): No public servant shall receive any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1111C(2)(d): No public servant shall receive anything of economic value for, or in consideration of services rendered, or to be rendered, to or for any person: (1) who has, or is seeking to obtain, a contractual, business, or financial relationship with the public servant's agency; (2) who conducts operations or activities which are regulated by the public employee's agency; and (3) who has substantial economic interests which may be substantially affected by the performance or nonperformance of the public employee's official duty.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
David Bordelon |
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