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Faith Healing Exempt from Medical Licensing Requirements
California Business & Professions Code § 2063
Cal Bus & Prof Code § 2063 (2007) |
Business &
Professions Code § 2063. Application of chapter to particular
schools of medicine; Treatment by prayer
Nothing in this chapter shall be construed so as to discriminate
against any particular school of medicine or surgery, school or
college of podiatric medicine, or any other treatment, nor shall
it regulate, prohibit, or apply to any kind of treatment by
prayer, nor interfere in any way with the practice of religion.
END OF STATUTE |
| RELATED CASES |
| OVERVIEW:
Injunction issued against religious organization and its
minister who advertised and operated a natural hygiene
program, which included prolonged fasting treatments,
diagnosis and treatment. The appeals court held that the
scope of protection for faith healers under § 2063 did not
extend to dangerous religious practices, including practices
that constitute the unauthorized practice of medicine. The
exemption to the Medical Practices Act applied to genuine
faith healers who relied only on the power of God for a
cure, using only prayer and not employing other physical
practices. The court stated that faith is, and should be,
unrestricted. The healing, however, may be regulated as soon
as it takes on any appearance of medical practice. Board of
Medical Quality Assurance v. Andrews (1989, 6th Dist.) 211 Cal. App. 3d 1346 |
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| OVERVIEW:
The Medical Practice Act requiring certification or
licensure for the practice of medicine including midwives
could be construed to interfere with the practice of
religion. Two childbirth "helpers" were exempt from the
certification requirements as the helpers were members of a
church whose tenets barred the use of medical professionals.
The certification requirements for midwives in the Medical
Practice Act were antithetical to the religious practices of
the church and interfered with the practice of their
religion by forcing birth helpers to seek medical assistance
in specified situations. Northrup v. Superior Court
(1987, 3rd Dist) 192 Cal. App. 3d 276. |
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MEDICAL STUDIES
SCIENCE CONFIRMS THE HEALING POWER OF FAITH AND PRAYER
According to The Mercury News, the Newspaper of Silicon Valley,
March 23, 2003, numerous scientific studies show that those who
regularly pray and attend religious services stay healthier and
live longer than those who rarely or never pray or participate
in religious services. Dr. Dale Matthews of Georgetown
University, the author of The Faith Factor estimates that 75% of
studies have confirmed the health benefits of spirituality. “If
prayer were available in pill form, no pharmacy could stock
enough of it,” he says. Several studies show prayer and faith
speed recovery from depression, alcoholism, hip surgery, drug
addiction, stroke, rheumatoid arthritis, heart attacks and
bypass surgery. Dr. Larry Dorsey, the author of Healing Words
and Prayer is Good Medicine, states, “I decided that not using
prayer on behalf of my patients was the equivalent of
withholding a needed medication or surgical procedure.” Duke
University’s Center for Study of Religion/Spirituality and
Health is engaged in one of the largest randomized studies of
prayer. In a study of 4000 men and women over the age of 64, the
risk of dying was 46% lower for those who frequently attended
religious services. The findings of these studies are
persuasive. Prayer boosts morale, lowers agitation, loneliness
and life dissatisfaction and enhances ability to cope.
Intercessory prayer and petitionary prayer have been found to
affect the quality of life. Another study showed those who
attended religious services had healthier immune systems than
those who did not. University of Miami research shows AIDS
patients who became long term survivors were more likely to be
involved in religious practices and volunteer work. Dartmouth
Medical Center has concluded that one of the best predictors of
survival among 232 heart surgery patients was the degree to
which the patients drew comfort and strength from religious
faith and prayer. Before and after bypass surgery, Baptist
Memorial Hospital in Memphis treats patients with prayer
intervention. The National Institutes of Heath has funded two
grants to John Hopkins to investigate whether prayer affects
disease process. One study involves women with breast cancer who
meditatively pray twice daily. Although scientific studies
cannot yet explain how or why prayer heals the infirm, science
has now confirmed that there is a causal relationship between
prayer and healing and longevity of life.
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