SB2539 • 2026

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

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.

Healthcare

Did Not Pass

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

Sponsor: Blackwell
Last action: 2026-02-03
Official status: Dead
Effective date: July 1, 20

Plain English Breakdown

The bill did not pass, so it does not have an effective date.

Independent Air Traffic Control for Hospitals During Emergencies

This bill gives the State Department of Health authority to control air traffic at hospitals during flu season if ICU beds are below 10% capacity, or at any time when there is a burn victim.

What This Bill Does

Gives the State Department of Health authority over air traffic for hospitals under certain conditions.
Allows the State Health Officer to direct air traffic from October 1 through March 1 each year during flu season if ICU beds are below 10% capacity.
Permits the State Health Officer to control air traffic at any time when there is a burn victim and delays could harm someone's health or safety.

Who It Names or Affects

Hospitals within the state
The State Department of Health
Air traffic control services

Terms To Know

ICU: Intensive Care Unit, a part of a hospital that provides special care for very sick patients.
Burn victim: A person who has been badly burned and needs specialized medical treatment.

Limits and Unknowns

The bill did not pass during the session.
It is unclear how often this authority would be used or what specific rules will be created by the Department of Health.

Bill History

2026-02-03 Mississippi Legislative Bill Status System
02/03 (S) Died In Committee
2026-01-19 Mississippi Legislative Bill Status System
01/19 (S) Referred To Public Health and Welfare

Official Summary Text

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

Current Bill Text

Read the full stored bill text

S. B. No. 2539 *SS26/R344* ~ OFFICIAL ~ G1/2
26/SS26/R344
PAGE 1 (baf\tb)

To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackwell

SENATE BILL NO. 2539

AN ACT TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL 1
HAVE AUTHORITY FOR INDEPENDENT AIR TRAFFIC CONTROL TO DIRECT AIR 2
TRAFFIC FROM OR INTO ANY HOSPITAL WITHIN THE STATE DURING CERTAIN 3
CIRCUMSTANCES; TO PROVIDE THAT IF THE STATE HEALTH OFFICER, OR HIS 4
OR HER DESIGNEE, DETERMINES THAT AN EMERGENCY EXISTS WITH REGARD 5
TO HOSPITAL BED AVAILABILITY DURING INFLUENZA SEASON OR DUE TO THE 6
PRESENCE OF A BURN VICTIM, AND THAT ANY DELAY ASSOCIATED WITH A 7
LACK OF INDEPENDENT AIR TRAFFIC CONTROL TO EFFECTUATE NECESSARY 8
TRANSFERS WOULD THREATEN THE HEALTH OR SAFETY OF ANY PERSON, THEN 9
THE STATE HEALTH OFFICER, OR HIS OR HER DESIGNEE, SHALL HAVE 10
GENERAL OR SPECIFIC AUTHORITY TO DIRECT AIR TRAFFIC EACH YEAR FROM 11
OCTOBER 1 THROUGH MARCH 1 OR DURING ANY PERIOD DESIGNATED AS 12
INFLUENZA SEASON WHEN ICU BED CAPACITY FALLS BELOW 10%, AND SHALL 13
HAVE SUCH AUTHORITY AT ANY TIME WITH REGARD TO BURN VICTIMS; AND 14
FOR RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. (1) Notwithstanding any other provision of law 17
to the contrary, the State Department of Health shall have the 18
authority for independent air traffic control to direct air 19
traffic from or into any hospital within the state under 20
circumstances described in subsection (2) of this section. 21
(2) If the State Health Officer, or his or her designee, 22
shall determine that an emergency exists with regard to hospital 23
bed availability or due to the presence of a burn victim under 24
S. B. No. 2539 *SS26/R344* ~ OFFICIAL ~
26/SS26/R344
PAGE 2 (baf\tb)
ST: Independent flight control authority;
provide during flu season when ICU capacity is
below 10% at any time for burn victims.
paragraphs (a) and (b) of this subsection (2), and that any delay 25
associated with a lack of independent air traffic control 26
authority to effectuate necessary transfers would threaten the 27
health or safety of any person, then the State Health Officer, or 28
his or her designee, shall have general or specific authority to 29
direct air traffic from or into any hospital within this state 30
under the following circumstances: 31
(a) Each year from October 1 through March 1, or during 32
any period the State Health Officer shall designate as influenza 33
season in accordance with the latest recommendations of the 34
Advisory Committee on Immunization Practices of the Centers for 35
Disease Control and Prevention, whenever current ICU bed capacity 36
falls below ten percent (10%); and 37
(b) At any time with regard to burn victims. 38
(3) The State Department of Health shall promulgate rules 39
and regulations necessary to implement the provisions of this act. 40
SECTION 2. This act shall take effect and be in force from 41
and after July 1, 2026. 42