Bottom Line for Tennessee Nonprofits
- ✓Volunteers with direct contact with mental health, developmental disability, or substance abuse service recipients (T.C.A. § 33-2-1202)
- ✓Volunteer coaches and contract workers for school youth athletic activities (T.C.A. § 49-5-413)
- ✓Volunteers in hospitals, nursing homes, and home health care agencies (T.C.A. § 68-140-325)
- +2 more covered roles below
State Laws That Apply to Volunteer Background Checks
Tennessee Code Annotated § 33-2-1202
T.C.A. § 33-2-1202 (amended 2024 Tenn. Acts ch. 688, eff. July 1, 2024)Requires organizations licensed under Title 33 (mental health, developmental disability, substance abuse services) to complete criminal background checks on any employee or volunteer with direct contact or direct responsibility for service recipients before allowing any such contact.
Tennessee Code Annotated § 49-5-413
T.C.A. § 49-5-413 (2024)Authorizes local boards of education and charter schools to require state and national criminal history checks on contract workers and school volunteers. Mandates that all coaches — whether employed or volunteer — comply with background check and fingerprinting requirements for school youth athletic activities.
Tennessee Code Annotated § 68-140-325
T.C.A. § 68-140-325 (2024)Requires criminal background checks as a condition for employment or volunteer service in healthcare facilities including hospitals, nursing homes, and home health care agencies. Organizations must also check the Department of Health registry and may not use any individual listed on it.
Tennessee Code Annotated § 71-2-105 / § 71-2-111
T.C.A. §§ 71-2-105(b)(1), 71-2-111(b)Governs background check requirements for employees and volunteers providing direct care or supervision of vulnerable adults in long-term care and adult protective services settings.
Who Must Be Screened in Tennessee
!Legally Required to Be Screened
- •Volunteers with direct contact with mental health, developmental disability, or substance abuse service recipients (T.C.A. § 33-2-1202)
- •Volunteer coaches and contract workers for school youth athletic activities (T.C.A. § 49-5-413)
- •Volunteers in hospitals, nursing homes, and home health care agencies (T.C.A. § 68-140-325)
- •Volunteers providing direct care to vulnerable adults in long-term care settings (T.C.A. § 71-2-111)
- •Volunteers at youth residential and faith-based organizations with unsupervised contact with children
Types of Background Checks Required in Tennessee
How to Get Background Checks in Tennessee
$5 per check — includes national criminal database, sex offender registry across all 50 states, SSN trace, and FCRA Certified Compliance Team review.
Start Free Today →Volunteer Screening in Tennessee: What You Need to Know
Tennessee amended T.C.A. § 33-2-1202 in 2024 (effective July 1, 2024) to strengthen background check requirements for licensed behavioral health organizations. The state has a large faith-based nonprofit sector and a growing home health care industry concentrated in Nashville and Memphis. Volunteer coaching mandates align with a broader movement following youth sports safety legislation. No state-level FCRA analog exists — the federal FCRA governs all consumer report disclosures, and Tennessee's ban-the-box law (SB 2440, 2016) applies only to public sector employers.
Compliance Tips for Tennessee Nonprofits
- 1
Any organization licensed under Title 33 (mental health, substance abuse, developmental disability) must complete TBI and FBI checks before a volunteer has any direct contact with clients — not after a grace period.
- 2
Even if your school or youth organization is not legally required by § 49-5-413 to screen all volunteers, adopt a written board policy that treats all volunteers with unsupervised student access as requiring a fingerprint check — this protects against negligent supervision liability.
- 3
Check the Tennessee Department of Health's abuse registry separately from the TBI criminal check; these are two distinct databases and both are required under § 33-2-1202.
- 4
Budget for TBI/FBI check fees — costs are the organization's responsibility under T.C.A. § 38-6-103; currently $29–$38 per individual depending on the type of check.
- 5
Enroll in the TBI RAP Back program if you have a large rotating volunteer base; it provides automatic notification of new criminal activity without requiring repeat full checks every hire cycle.
Frequently Asked Questions
Does Tennessee Code Annotated § 33-2-1202 apply to my nonprofit?
Tennessee law applies to nonprofits with volunteers working in covered roles — typically involving direct, unsupervised contact with children, elderly individuals, or vulnerable adults. Tennessee mandates background checks for volunteers in organizations serving vulnerable populations — including mental health, developmental disability, substance abuse, childcare, and healthcare settings — under multiple statutes.
What happens if we skip background checks in Tennessee?
Failing to screen volunteers in Tennessee can expose your organization to negligent supervision liability, loss of insurance coverage, and — in sectors with mandatory requirements — regulatory penalties. Under the federal FCRA, running checks without proper procedures also creates compliance risk.
How long does a Tennessee volunteer background check take?
Tennessee Bureau of Investigation (TBI) — Criminal History Records Unit; supplemented by TBI RAP Back program for ongoing monitoring typically processes checks in 2–4 weeks for full TBI + FBI fingerprint check; name-based state-only checks faster. VolunteerBadge's national criminal database search returns results instantly for most volunteers.