Any individual who, in good faith, without compensation, and in the absence of gross negligence or willful misconduct, renders care to a terminally ill patient pursuant to a hospice program whose sole purpose is to provide care and treatment to terminally ill patients and whose services are equally available to all members of the community, shall not be liable for any civil damages for acts or omissions resulting from the rendering of such care.
§ 8.01-226.4.Civil immunity for hospice volunteers.
Chapter 3. Actions · Article 21. Miscellaneous Provisions · Last amended 1994 · Last verified July 16, 2026
In one sentenceSection 8.01-226.4 immunizes an individual who, in good faith, without compensation, and absent gross negligence or willful misconduct, renders care to a terminally ill patient through a hospice program open to the whole community, from civil damages for acts or omissions in providing that care.
Full Text of § 8.01-226.4
Plain-English Summary
Hospice programs rely heavily on volunteers to provide comfort and support to terminally ill patients. This section protects those volunteers from civil liability: an individual who renders care to a terminally ill patient through a hospice program is immune from civil damages for acts or omissions resulting from that care, provided the care was given in good faith, without compensation, and absent gross negligence or willful misconduct.
The immunity is tied to a specific kind of program — one whose sole purpose is providing care and treatment to terminally ill patients and whose services are available equally to everyone in the community, rather than a limited or exclusive program.
Frequently Asked Questions
Are hospice volunteers protected from lawsuits over the care they provide?
Yes, if the care is given in good faith, without compensation, and absent gross negligence or willful misconduct, § 8.01-226.4 immunizes the volunteer from civil damages for acts or omissions in providing that care.
Does this immunity apply to any caregiving program, or only hospice programs?
Only a hospice program whose sole purpose is caring for terminally ill patients and whose services are equally available to all members of the community.
Does this section protect paid hospice staff?
No. The immunity applies to someone rendering care “without compensation” — it is aimed at volunteers rather than paid hospice employees.
What level of fault removes this immunity?
Gross negligence or willful misconduct; ordinary negligence in good-faith volunteer care remains protected.
Does the patient have to be formally enrolled in hospice for this immunity to apply?
The statute frames the protected activity as rendering care “pursuant to a hospice program,” so the care needs to be provided through such a program’s structure, treating a terminally ill patient consistent with that program’s purpose.
Amendment History
1994, c. 738.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: hospice volunteer immunity virginiaterminally ill patient caregiver liability virginiahospice program volunteer lawsuit protection virginia