MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services
By: Representative Creekmore IV
AN ACT TO CREATE THE CARL RACKLEY AIRWAY EMERGENCY PREPAREDNESS ACT; TO DEFINE "AIRWAY CLEARANCE DEVICE" AND "COVERED FACILITY"; TO PROVIDE THAT BEGINNING JANUARY 1, 2027, EACH COVERED FACILITY SHALL MAINTAIN AT LEAST ONE AIRWAY CLEARANCE DEVICE IN A VISIBLE AND ACCESSIBLE LOCATION IN THE FACILITY, AND ENSURE THAT BASIC WRITTEN OR PICTORIAL INSTRUCTIONS ARE DISPLAYED ALONGSIDE THE DEVICE; TO ENCOURAGE COVERED FACILITIES TO PROVIDE THEIR STAFF WITH BRIEF INSTRUCTIONAL TRAINING OR DEMONSTRATION VIDEOS AS PROVIDED BY THE DEVICE MANUFACTURER; TO PROVIDE CIVIL IMMUNITY TO PERSONS WHO USE AN AIRWAY CLEARANCE DEVICE IN GOOD FAITH AND WITHOUT COMPENSATION TO RENDER EMERGENCY AID; TO AUTHORIZE THE STATE DEPARTMENT OF HEALTH TO INCLUDE COMPLIANCE CHECKS AS PART OF ROUTINE HEALTH INSPECTIONS FOR COVERED FACILITIES THAT ARE LICENSED OR INSPECTED BY THE DEPARTMENT; TO PROVIDE THAT FOR A FACILITY THAT IS FOUND TO BE NONCOMPLIANT WITH THE REQUIREMENTS OF THIS ACT, THE DEPARTMENT SHALL ISSUE A WRITTEN WARNING FOR THE FIRST VIOLATION; TO PROVIDE THAT FOR A SECOND OR SUBSEQUENT VIOLATION, THE DEPARTMENT MAY FINE THE FACILITY NOT MORE THAN $100.00 FOR EACH OCCURRENCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Short title. This act shall be known and may be cited as the "Carl Rackley Airway Emergency Preparedness Act."
SECTION 2. Definitions. As used in this act, the following terms shall be defined as provided in this section:
(a) "Airway clearance device" (ACD) means a nonpowered, FDA-registered device designed to remove obstructions from the airway of a choking victim.
(b) "Covered facility" means:
(i) Public schools;
(ii) Licensed child care facilities;
(iii) Licensed nursing facilities;
(iv) Restaurants with indoor seating for twenty (20) or more individuals, including college and university cafeterias; and
(v) Publicly funded senior centers.
SECTION 3. Device requirement. Beginning January 1, 2027, each covered facility shall:
(a) Maintain at least one (1) airway clearance device in a visible and accessible location in the facility; and
(b) Ensure that basic written or pictorial instructions are displayed alongside the device; and
(c) Check and maintain device readiness consistent with the device manufacturer's guidelines.
SECTION 4. Training. Covered facilities are encouraged, but not required, to provide their staff with brief instructional training or demonstration videos as provided by the device manufacturer. Such training may be included in any CPR or first-aid certification program conducted for the staff of the covered facility.
SECTION 5. Liability protection. No person who uses an airway clearance device in good faith and without compensation to render emergency aid shall be held liable for any civil damages as a result of such aid, unless the act constitutes willful misconduct or gross negligence.
SECTION 6. Oversight and enforcement. (1) The State Department of Health may include compliance checks as part of routine health inspections for covered facilities that are licensed or inspected by the department.
(2) For a facility that is found to be noncompliant with the requirements of this act, the department shall issue a written warning for the first violation. For a second or subsequent violation, the department may fine the facility not more than One Hundred Dollars ($100.00) for each occurrence.
SECTION 7. This act shall take effect and be in force from and after July 1, 2026.