Bill Text: MS SB2539 | 2026 | Regular Session | Introduced

Mississippi Senate Bill 2539

Introduced

Bill Title: Independent flight control authority; provide during flu season when ICU capacity is below 10% at any time for burn victims.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2026-02-03 - Died In Committee [SB2539 Detail]

Download: Mississippi-2026-SB2539-Introduced.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Public Health and Welfare

By: Senator(s) Blackwell

Senate Bill 2539

AN ACT TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL HAVE AUTHORITY FOR INDEPENDENT AIR TRAFFIC CONTROL TO DIRECT AIR TRAFFIC FROM OR INTO ANY HOSPITAL WITHIN THE STATE DURING CERTAIN CIRCUMSTANCES; TO PROVIDE THAT IF THE STATE HEALTH OFFICER, OR HIS OR HER DESIGNEE, DETERMINES THAT AN EMERGENCY EXISTS WITH REGARD TO HOSPITAL BED AVAILABILITY DURING INFLUENZA SEASON OR DUE TO THE PRESENCE OF A BURN VICTIM, AND THAT ANY DELAY ASSOCIATED WITH A LACK OF INDEPENDENT AIR TRAFFIC CONTROL TO EFFECTUATE NECESSARY TRANSFERS WOULD THREATEN THE HEALTH OR SAFETY OF ANY PERSON, THEN THE STATE HEALTH OFFICER, OR HIS OR HER DESIGNEE, SHALL HAVE GENERAL OR SPECIFIC AUTHORITY TO DIRECT AIR TRAFFIC EACH YEAR FROM OCTOBER 1 THROUGH MARCH 1 OR DURING ANY PERIOD DESIGNATED AS INFLUENZA SEASON WHEN ICU BED CAPACITY FALLS BELOW 10%, AND SHALL HAVE SUCH AUTHORITY AT ANY TIME WITH REGARD TO BURN VICTIMS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Notwithstanding any other provision of law to the contrary, the State Department of Health shall have the authority for independent air traffic control to direct air traffic from or into any hospital within the state under circumstances described in subsection (2) of this section.

(2) If the State Health Officer, or his or her designee, shall determine that an emergency exists with regard to hospital bed availability or due to the presence of a burn victim under paragraphs (a) and (b) of this subsection (2), and that any delay associated with a lack of independent air traffic control authority to effectuate necessary transfers would threaten the health or safety of any person, then the State Health Officer, or his or her designee, shall have general or specific authority to direct air traffic from or into any hospital within this state under the following circumstances:

(a) Each year from October 1 through March 1, or during any period the State Health Officer shall designate as influenza season in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, whenever current ICU bed capacity falls below ten percent (10%); and

(b) At any time with regard to burn victims.

(3) The State Department of Health shall promulgate rules and regulations necessary to implement the provisions of this act.

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.