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Hospice volunteer compliance

Hospice volunteer requirements, state by state

Some volunteer requirements are federal and identical everywhere. Others — starting with criminal background checks — change from state to state. Here is which is which, with every state and D.C. listed.

  • Federal vs state, made clear
  • All 50 states + D.C. listed
  • Tracking built into Volunteer Ledger

Built from federal hospice rules, CMS surveyor guidance, and a state-by-state review. Plain-language guidance only — always confirm current requirements with your state licensing authority and accreditor.

The short version

Most of what goes in a hospice volunteer's file is set at one of three levels. Federal rules apply the same in every state. Background checks are a federal baseline for patient-facing volunteers, and then each state layers its own rules on top. TB, immunizations, CPR, and confidentiality are set by your state, your accreditor, or your own policy — not by a federal volunteer mandate.

Background checks vary the most from one state to the next — that's the table just below. But TB screening, immunizations, CPR, and training-hour minimums vary too, so the full state-by-state matrix further down covers all six at once. For the requirement-by-requirement breakdown, see the compliance guide.

Who sets each rule

How the requirements split

Before the tables, here's who sets each requirement — some are federal and identical everywhere, background checks are a federal floor with a state overlay, and the rest come from your state, your accreditor, or your own policy.

Federal · same everywhere

Identical in all 50 states

Medicare Conditions of Participation, in 42 CFR §418.78. These don't change by state.

  • Orientation & training — §418.78(a)
  • Cost-savings documentation — §418.78(d)
  • 5% level-of-activity — §418.78(e)
Federal floor + state overlay

Background checks

A federal baseline for volunteers with patient contact (§418.114(d) via the §418.3 "employee" definition), then each state adds its own rules. This is where states differ most — see the table, then the full matrix.

  • Criminal background check
State / accreditor / policy

Set outside the federal rules

No federal volunteer mandate — driven by your state, your accreditor, or your own policy. Requirements vary; confirm yours.

  • TB screening (CDC baseline on hire)
  • Immunizations (flu, COVID-19, Hep B)
  • CPR / First Aid (role-dependent)
  • Confidentiality, application, references

Training-hour minimums aren't federal — a handful of states set them (4 to 20 hours, shown in the matrix below), and accreditors such as ACHC set others. Full detail and sources are in the compliance guide.

Background checks by state

What each state adds on top of the federal check

Start from the baseline: every volunteer with direct patient contact or access to patient records needs a criminal background check — that is federal, in all 51 jurisdictions. Federal regulation §418.114(d)(2) then directs hospices to obtain those checks "in accordance with State requirements," so what changes by state is what gets added on top. Find your state below.

Adds its own rule · 20

Its own volunteer-screening law on top of the federal check — often broader (all volunteers, not just patient-facing), sometimes with set steps like fingerprinting or a state registry.

Conditional · 10

The federal check applies, plus a state wrinkle — it can hinge on supervision, hours, a registry-only check, or how the rule is read. Not a blanket volunteer mandate.

Federal baseline only · 21

No added state rule — run the federal check on volunteers with patient contact. A few keep volunteers out of their own state program by name, but the federal check still applies.

Criminal background checks for hospice volunteers, by jurisdiction (compiled from state hospice and health-facility rules, mid-2026). This is a general reference, not legal advice.
StateOn top of the federal checkNotes
AlabamaFederal baseline only
AlaskaAdds its own rule
ArizonaFederal baseline onlyNo state background-check law reaches hospice volunteers — the fingerprint-card statute (A.R.S. §36-411) doesn't cover hospice. Arizona does require volunteer TB screening; see the full matrix below.
ArkansasAdds its own rule
CaliforniaFederal baseline onlyState hospice rules (22 CCR §§74800–74908) require exclusion-list clearance and health screening for volunteers, but no criminal background check. The federal check still reaches patient-facing volunteers.
ColoradoAdds its own ruleDefines "employee" to include volunteers, so the state criminal-history check reaches them — and requires 20 hours a year of continuing education for direct-care volunteers.
ConnecticutAdds its own rule
DelawareFederal baseline only
District of ColumbiaFederal baseline onlyKeeps volunteers out of its own state screening program by name — but the federal check (§418.114 + §418.3) still applies to patient-facing volunteers.
FloridaConditional
GeorgiaAdds its own rule
HawaiiAdds its own rule
IdahoFederal baseline only
IllinoisAdds its own rule
IndianaAdds its own rule
IowaFederal baseline only
KansasFederal baseline only
KentuckyConditional
LouisianaConditional
MaineAdds its own rule
MarylandFederal baseline only
MassachusettsConditional
MichiganConditionalIts healthcare-worker check reaches volunteers only if the hospice grants them clinical privileges; otherwise the federal baseline applies.
MinnesotaAdds its own rule
MississippiFederal baseline only
MissouriConditional
MontanaFederal baseline only
NebraskaFederal baseline onlyState law expressly exempts hospice volunteers from its home-health-aide screening statutes; the federal check still applies to patient-facing volunteers.
NevadaFederal baseline onlyKeeps volunteers out of its own state screening program by name — but the federal check still applies to patient-facing volunteers.
New HampshireAdds its own rule
New JerseyFederal baseline only
New MexicoConditional
New YorkFederal baseline onlyKeeps volunteers out of its own state screening program by name — but the federal check still applies to patient-facing volunteers.
North CarolinaFederal baseline only
North DakotaFederal baseline onlyState hospice statute (NDCC 23-17.4) and licensing rule (NDAC 33-03-15) are silent on criminal background checks; the federal baseline reaches patient-facing volunteers.
OhioFederal baseline onlyKeeps volunteers out of its own state screening program by name — but the federal check still applies to patient-facing volunteers.
OklahomaAdds its own rule
OregonAdds its own rule
PennsylvaniaFederal baseline onlyPennsylvania never finalized its own hospice personnel rules, and its elder-protection screening law (OAPSA) is employment-based and doesn't clearly cover hospice — so volunteers ride the federal floor.
Rhode IslandConditionalIts criminal-records statute is keyed to employment, so its reach to unpaid volunteers is unsettled — but the hospice rule does require TB and health screening for volunteers with patient contact.
South CarolinaAdds its own rule
South DakotaFederal baseline only
TennesseeConditional
TexasAdds its own rule
UtahAdds its own ruleRegularly-scheduled, unsupervised volunteers need state background-screening certification, and every volunteer gets a 12-hour training minimum.
VermontAdds its own ruleIts combined home-health and hospice rule requires background checks on volunteers who provide direct patient care.
VirginiaFederal baseline onlyKeeps volunteers out of its own state screening program by name — but the federal check still applies to patient-facing volunteers.
WashingtonAdds its own rule
West VirginiaAdds its own ruleIts Medicaid hospice manual counts volunteers as employees and requires a State Police fingerprint check (every 3 years) for patient-facing volunteers, even though the separate WV CARES registry exempts supervised volunteers.
WisconsinConditional
WyomingAdds its own rule

States control the mechanics — timing, type of check, fingerprinting, registries, and disqualifying offenses — and change their rules over time. Confirm your state's current requirement and procedure with your state licensing authority. For the federal mechanism and who's covered, see Do hospice volunteers need a background check?

Find your state

Look up your state

Search or choose your state to see what it appears to add beyond the federal hospice baseline — in plain English, with what to confirm.

Pick a state to see its summary — or compare every state below.

Compare states

Compare all states

Use the matrix to compare what each state appears to add beyond the federal hospice baseline. Filter by status, switch between a simple and a detailed view, or tap any row for the full detail and citation.

State adds rules — the state appears to add its own volunteer-specific screening requirement. Conditional — coverage depends on role, supervision, a registry-only check, or how the rule reads. Federal baseline — no added state rule found; the federal check still reaches patient-facing volunteers.

Every jurisdiction sits on the federal baseline in 42 CFR §418.78 and §418.114(d): orientation and training, and a background check for patient-facing volunteers, apply in all 51. The columns show only what state law adds. Compiled from state hospice and health-facility rules and last reviewed June 2026; a general reference, not legal advice.

Turn your state's rules into trackable requirements. Volunteer Ledger lets you create requirement types, choose who they apply to, track expiration dates, and run readiness reports.

Volunteer Ledger

Track whatever your state requires

Volunteer Ledger doesn't run checks or guarantee compliance. It keeps each volunteer's requirements — federal, state, or your own policy — organized and dated, so the record is ready when a surveyor or administrator asks.

Set the requirements that fit your state

Turn on the credential types your state and accreditor call for — background check, TB screening, training, immunizations, whatever applies — and skip the ones that don't. The list is yours to configure, not a fixed national template.

Flag who needs what by service area

Tag volunteers by service area, and Volunteer Ledger shows which ones fall under the patient-contact requirements and need a check on file — so the scope question becomes a filter, not a manual roster audit.

See who's missing or expiring

Record completion dates and results, and Volunteer Ledger surfaces the upcoming and overdue items before they become a gap in the record a surveyor has to ask about.

Pull a survey-ready volunteer file

Each volunteer's credentials, training, and hours sit in one file — one place, one export, ready to hand over at survey time.

FAQ

Volunteer requirements by state, answered

Which requirements are federal, and which are set by the state?

Three volunteer requirements are federal and identical in every state, all in 42 CFR §418.78: documenting orientation and training (a), documenting cost savings (d), and the 5% level-of-activity minimum (e). Criminal background checks are a federal baseline for volunteers with patient contact — through §418.114(d) read with the §418.3 "employee" definition — and then vary state by state. TB screening, immunizations, CPR, and confidentiality agreements are set by your state, your accreditor, or your own policy, not by a federal volunteer mandate.

Do all states require background checks for hospice volunteers?

Every state and D.C. sits on the same federal baseline: a volunteer with direct patient contact or access to patient records needs a criminal background check under §418.114(d). On top of that, 20 states add their own volunteer-screening law, 10 add a conditional wrinkle, and 21 — including D.C. — add nothing beyond the federal baseline. A few — New York, Ohio, Nevada, Virginia, and D.C. — keep volunteers out of their own state program by name, but the federal check still applies to patient-facing volunteers.

Does my state require TB tests or immunizations for volunteers?

There is no federal volunteer mandate for either. The CDC recommends a baseline TB screening on hire for anyone working or volunteering in health-care settings (routine annual testing was dropped in 2019), and health-care-worker immunization requirements are set state by state and vary widely. Whether they apply to your volunteers depends on your state and your accrediting organization — confirm with them.

Is this state guide legal advice?

No. This is general information compiled from federal regulations and state hospice and health-facility rules, not legal advice. State requirements change and vary in their details — timing, type of check, fingerprinting, registries, disqualifying offenses. Confirm your specific obligations with your state hospice licensing authority and your accreditor.

This page is general information, not legal advice. Hospice volunteer requirements come from federal regulation, your state's law, and your accreditor's standards, and they change — confirm your specific obligations with your state hospice licensing authority and your accrediting organization.

Keep every volunteer's file survey-ready — whatever your state requires.

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