Ark. Code Ann. » Title 12 Chapter 75
Arkansas Code Annotated

Ark. Code Ann. § 12-75-128 (2026)

Emergency responders — Immunities and exemptions

✓ current as of May 2026
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  1. All functions under this chapter and all other activities relating to emergency management are declared to be governmental functions.
  2. No emergency responder, except in cases of willful misconduct, gross negligence, or bad faith, when complying with or reasonably attempting to comply with this chapter, or any other rule or regulation promulgated pursuant to the provisions of this section or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of the state, shall be liable for the death of or injury to persons, or for damage to property, as a result of any such activity.
  3. The immunity in subsection (b) of this section shall extend to both emergency responders who are employees and to qualified emergency responders who are volunteers.
  4. The provisions of this section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled to under this chapter, under the Workers' Compensation Law, § 11-9-101 et seq., or under the retirement system laws of Arkansas nor the right of any such person to receive any benefits or compensation under any act of the United States Congress.
    1. Any requirement for a license to practice any professional, mechanical, or other skill does not apply to any authorized emergency management worker who in the course of performing his or her duties as an emergency management worker practices the professional, mechanical, or other skill during an emergency.
      1. Subdivision (e)(1) of this section does not apply to a license issued to a health practitioner, as defined in § 12-87-102.
      2. However, a health practitioner license issued by another state is recognized in this state to the extent provided under this chapter, the Interstate Civil Defense and Disaster Compact, § 12-76-101 et seq., the Uniform Emergency Volunteer Health Practitioners Act, § 12-87-101 et seq., and other laws of this state.
  6. Any emergency responder performing emergency preparedness services at any place in this state pursuant to agreements, compacts, or arrangements for mutual aid and assistance, to which the state or a political subdivision of the state is a party, shall possess the same powers, duties, immunities, and privileges he or she would ordinarily possess if performing his or her duties in the state, province, or political subdivision of the state or province in which normally employed or rendering services.
    1. An emergency responder is not required by this chapter to possess a license, certificate, permit, or other official recognition for his or her expertise in a particular field or area of knowledge.
    2. However, to the extent that an emergency responder engages in a professional activity that by law requires a license, certificate, permit, or other official recognition in order to engage in the professional activity, the emergency responder shall possess the appropriate professional license, certificate, permit, or other official recognition.

History. Acts 1973, No. 511, § 16; 1981, No. 891, § 4; A.S.A. 1947, § 11-1949; Acts 2005, No. 1962, § 53; 2007, No. 197, § 19; 2009, No. 165, §§ 49-52; 2009, No. 432, § 2.

Amendments. The 2009 amendment by No. 165 substituted “emergency management” for “emergency services” or variant in (a) and (e); substituted “an emergency management worker practices the” for “such, practice such” in (e); deleted (f); added (h); and made minor stylistic and punctuation changes.

The 2009 amendment by No. 432 rewrote (e)(2).

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2013–2023 · leading case: Joseph E. Jackson/W. Va. Dept. of Trans. v. Joseph Wayne Belcher, 753 S.E.2d 11 (W. Va. 2013).
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Joseph E. Jackson/W. Va. Dept. of Trans. v. Joseph Wayne Belcher, 753 S.E.2d 11 (W. Va. 2013). · cites it 2× “See Ark.Code Ann. § 12-75-128 (West 2009). While the preservation of rights language of both our statute and the Arkansas statute is similar, the language employed by the Arkansas Legislature is more restrictive insofar as it does not preserve the recovery rights afforded to an…”
Baptist Health D/B/A Baptist Health Med. Ctr.-Little Rock, & Diamond Risk Ins., LLC v. Khampasith Sourinphoumy, 2023 Ark. 15 (Ark. 2023). · cites it 2× “The portion of the executive order at issue provides: As Emergency Responders pursuant to Ark. Code Ann. § 12-75-103 , Healthcare Providers shall, pursuant to Ark.”
Frazier v. Graves (E.D. Ark. 2021). · cites it 3× “Executive Order 20-34 and Arkansas Code Annotated § 12-75-128 grant immunity to “Emergency Responders” “from liability for death, injury or property damage” sustained in the course of providing COVID-19 emergency management functions during this public health emergency, but, at…”
Joseph E. Jackson/W. Va. Dept. of Trans. v. Joseph Wayne Belcher (W. Va. 2013). · cites it 2× “See Ark. Code Ann. § 12-75-128 (West 2009). While the preservation of rights language of both our statute and the Arkansas statute is similar, the language employed by the Arkansas Legislature is more restrictive insofar as it does not preserve the recovery rights afforded to an…”
— Ark. Code Ann. § 12-75-128(d) — 1 case
Joseph E. Jackson/W. Va. Dept. of Trans. v. Joseph Wayne Belcher, 753 S.E.2d 11 (W. Va. 2013). “See Ark.Code Ann. § 12-75-128 (West 2009). While the preservation of rights language of both our statute and the Arkansas statute is similar, the language employed by the Arkansas Legislature is more restrictive insofar as it does not preserve the recovery rights afforded to an…”
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