42 U.S.C. § 3058ff — Rule of construction
submitted 20 years ago by Pub. L. 89-73 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 134 words · no verdicts yet
This section protects an older individual’s right to rely on prayer alone for healing. The protection applies when the decision is expressed at the time, recorded in a valid advance directive, or clearly shown by the person’s life history.
Nothing in this subchapter may be interpreted to interfere with or limit an older individual’s right to practice the individual’s religion by relying on prayer alone for healing if the decision to do so:
(1) is expressed at the same time by the older individual*—
(A) orally or in writing;
(B) about a specific illness or injury the individual then has; and
(C) while the individual is competent to make the decision;
(2) was stated before the illness or injury in a living will, health care proxy, or other advance-directive document that was validly signed and applies under State* law; or
(3) can be deduced clearly and without ambiguity from the older individual’s life history.
Nothing in this subchapter shall be construed to interfere with or abridge the right of an older individual* to practice the individual’s religion through reliance on prayer alone for healing, in a case in which a decision to so practice the religion—
is contemporaneously expressed by the older individual—
either orally or in writing;
with respect to a specific illness or injury that the older individual has at the time of the decision; and
when the older individual is competent to make the decision;
is set forth prior to the occurrence of the illness or injury in a living will, health care proxy, or other advance directive document that is validly executed and applied under State* law; or
may be unambiguously deduced from the older individual’s life history.
Source credit: (Pub. L. 89–73, title VII, § 765, as added Pub. L. 109–365, title VII, § 705, Oct. 17, 2006, 120 Stat. 2594.)
- 2006Enacted · Pub. L. 89-73 · 120 Stat. 2594
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-73 on 2006-10-17.
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