HB312 • 2026

Airway clearance devices; require certain facilities to maintain in the facility, and provide immunity for good faith use of.

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.

Children Education

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor: Creekmore IV
Last action: 2026-02-12
Official status: Dead
Effective date: July 1, 20

Plain English Breakdown

The bill did not pass during its session, so there are no current legal requirements based on this legislation.

Airway Emergency Preparedness Act

This bill requires certain facilities to keep airway clearance devices on hand for emergencies and protects people who use these devices from legal trouble.

What This Bill Does

Defines 'airway clearance device' as a nonpowered, FDA-registered tool designed to remove obstructions from the airway of a choking victim.
Requires specific types of places like public schools, licensed child care facilities, nursing homes, restaurants with indoor seating for twenty or more individuals (including college and university cafeterias), and publicly funded senior centers to have at least one airway clearance device in an easy-to-find spot starting January 1, 2027.
Encourages these places to show simple instructions on how to use the devices.
Provides civil immunity to persons who use an airway clearance device in good faith and without compensation to render emergency aid unless the act constitutes willful misconduct or gross negligence.
Authorizes the state health department to include compliance checks as part of routine health inspections for covered facilities that are licensed or inspected by the department.

Who It Names or Affects

Public schools
Licensed child care facilities
Nursing homes
Restaurants with indoor seating for twenty or more individuals, including college and university cafeterias
Publicly funded senior centers

Terms To Know

Airway clearance device (ACD): A nonpowered, FDA-registered tool designed to remove obstructions from the airway of a choking victim.
Covered facility: Specific types of places like public schools, licensed child care facilities, nursing homes, restaurants with indoor seating for twenty or more individuals (including college and university cafeterias), and publicly funded senior centers.

Limits and Unknowns

The bill did not pass in the session it was introduced.
It encourages but does not require facilities to train staff on how to use airway clearance devices.
Fines for noncompliance are limited to $100 per violation.

Bill History

2026-02-12 Mississippi Legislative Bill Status System
02/12 (H) Died On Calendar
2026-02-11 Mississippi Legislative Bill Status System
02/11 (H) Read the Third Time
2026-02-03 Mississippi Legislative Bill Status System
02/03 (H) Title Suff Do Pass As Amended
2026-01-08 Mississippi Legislative Bill Status System
01/08 (H) Referred To Public Health and Human Services

Official Summary Text

Airway clearance devices; require certain facilities to maintain in the facility, and provide immunity for good faith use of.

Current Bill Text

Read the full stored bill text

H. B. No. 312 *HR43/R31* ~ OFFICIAL ~ G1/2
26/HR43/R31
PAGE 1 (RF\KP)

To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Creekmore IV

HOUSE BILL NO. 312

AN ACT TO CREATE THE CARL RACKLEY AIRWAY EMERGENCY 1
PREPAREDNESS ACT; TO DEFINE "AIRWAY CLEARANCE DEVICE" AND "COVERED 2
FACILITY"; TO PROVIDE THAT BEGINNING JANUARY 1, 2027, EACH COVERED 3
FACILITY SHALL MAINTAIN AT LEAST ONE AIRWAY CLEARANCE DEVICE IN A 4
VISIBLE AND ACCESSIBLE LOCATION IN THE FACILITY, AND ENSURE THAT 5
BASIC WRITTEN OR PICTORIAL INSTRUCTIONS ARE DISPLAYED ALONGSIDE 6
THE DEVICE; TO ENCOURAGE COVERED FACILITIES TO PROVIDE THEIR STAFF 7
WITH BRIEF INSTRUCTIONAL TRAINING OR DEMONSTRATION VIDEOS AS 8
PROVIDED BY THE DEVICE MANUFACTURER; TO PROVIDE CIVIL IMMUNITY TO 9
PERSONS WHO USE AN AIRWAY CLEARANCE DEVICE IN GOOD FAITH AND 10
WITHOUT COMPENSATION TO RENDER EMERGENCY AID; TO AUTHORIZE THE 11
STATE DEPARTMENT OF HEALTH TO INCLUDE COMPLIANCE CHECKS AS PART OF 12
ROUTINE HEALTH INSPECTIONS FOR COVERED FACILITIES THAT ARE 13
LICENSED OR INSPECTED BY THE DEPARTMENT; TO PROVIDE THAT FOR A 14
FACILITY THAT IS FOUND TO BE NONCOMPLIANT WITH THE REQUIREMENTS OF 15
THIS ACT, THE DEPARTMENT SHALL ISSUE A WRITTEN WARNING FOR THE 16
FIRST VIOLATION; TO PROVIDE THAT FOR A SECOND OR SUBSEQUENT 17
VIOLATION, THE DEPARTMENT MAY FINE THE FACILITY NOT MORE THAN 18
$100.00 FOR EACH OCCURRENCE; AND FOR RELATED PURPOSES. 19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 20
SECTION 1. Short title. This act shall be known and may be 21
cited as the "Carl Rackley Airway Emergency Preparedness Act." 22
SECTION 2. Definitions. As used in this act, the following 23
terms shall be defined as provided in this section: 24
H. B. No. 312 *HR43/R31* ~ OFFICIAL ~
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PAGE 2 (RF\KP)

(a) "Airway clearance device" (ACD) means a nonpowered, 25
FDA-registered device designed to remove obstructions from the 26
airway of a choking victim. 27
(b) "Covered facility" means: 28
(i) Public schools; 29
(ii) Licensed child care facilities; 30
(iii) Licensed nursing facilities; 31
(iv) Restaurants with indoor seating for twenty 32
(20) or more individuals, including college and university 33
cafeterias; and 34
(v) Publicly funded senior centers. 35
SECTION 3. Device requirement. Beginning January 1, 2027, 36
each covered facility shall: 37
(a) Maintain at least one (1) airway clearance device 38
in a visible and accessible location in the facility; and 39
(b) Ensure that basic written or pictorial instructions 40
are displayed alongside the device; and 41
(c) Check and maintain device readiness consistent with 42
the device manufacturer's guidelines. 43
SECTION 4. Training. Covered facilities are encouraged, but 44
not required, to provide their staff with brief instructional 45
training or demonstration videos as provided by the device 46
manufacturer. Such training may be included in any CPR or 47
first-aid certification program conducted for the staff of the 48
covered facility. 49
H. B. No. 312 *HR43/R31* ~ OFFICIAL ~
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PAGE 3 (RF\KP)
ST: Airway clearance devices; require certain
facilities to maintain in the facility, and
provide immunity for good faith use of.
SECTION 5. Liability protection. No person who uses an 50
airway clearance device in good faith and without compensation to 51
render emergency aid shall be held liable for any civil damages as 52
a result of such aid, unless the act constitutes willful 53
misconduct or gross negligence. 54
SECTION 6. Oversight and enforcement. (1) The State 55
Department of Health may include compliance checks as part of 56
routine health inspections for covered facilities that are 57
licensed or inspected by the department. 58
(2) For a facility that is found to be noncompliant with the 59
requirements of this act, the department shall issue a written 60
warning for the first violation. For a second or subsequent 61
violation, the department may fine the facility not more than One 62
Hundred Dollars ($100.00) for each occurrence. 63
SECTION 7. This act shall take effect and be in force from 64
and after July 1, 2026. 65