California State Exemptions

California State Medical Law:

Note: In California, the religious, philosophical and “other” belief exemptions are all under the umbrella term: “Personal Beliefs Exemption” (PBE).

“I claim my Personal Belief Exemption (PBE) and State affirm and declare that I, being a person of strong morals, hold my religious doctrine and covenants with a genuine, deep, firmly and sincerely held religious conviction to practice the tenants of wellness and spiritually based healing as authorized by the Oklevueha Native American Church of SomaVeda Inc. A bonafide Florida, Not for Profit, Church as well as IRS 501(c )(3) Religious, Church Organization.”

 

California Massage License is a Voluntary Certification
http://www.massageregister.com/massage-license-requirements/california

Therefore: DO NOT claim to be a CAMTC Massage Practitioner or massage Therapists unless you are one! You may use any ONACS Authorized designation for any ONACS approved therapy or healing practice according to your Authorization, actual training and competencies and concomitant scope of practice. Examples (Not comprehensive), SomaVeda™, SomaVeda Thai Yoga, Thai Yoga Therapy, Thai Massage, Chirothesia, Counseling, ONACS Massage (p) [Pastoral] , [Ministerial], [Clerical], ONACS Massage Therapy (m) [Pastoral] , [Ministerial], [Clerical]. Ask if unsure!

CALIFORNIA STATE MEDICAL LAW:  BUSINESS AND PROFESSIONS CODE SECTION 2050-2079

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=02001-03000&file=2050-2079

“2058.  (a) Nothing in this chapter prohibits service in the case of emergency, or the domestic administration of family remedies.”

Traditional Native American and SomaVeda Integrated Traditional Therapies™ are traditional, tribal, indigenous and familial in origin and common use. Our Remedies are Family (tribal) Remedies and as such are exempt from Licensing requirements.

Religious practice Specifically Exempt

“2063.  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.”
ONACS emphasis in Bold.

Exemption for Nutritional and or “Food” counseling.

“2068.  This chapter shall not be construed to prohibit any person from providing nutritional advice or giving advice concerning proper nutrition. However, this section confers no authority to practice medicine or surgery or to undertake the prevention, treatment, or cure of disease, pain, injury, deformity, or physical or mental conditions or to state that any product might cure any disease, disorder, or condition in violation of any provision of law.
For purposes of this section the terms “providing nutritional advice or giving advice concerning proper nutrition” means the giving of information as to the use and role of food and food ingredients, including dietary supplements.
Any person in commercial practice providing nutritional advice or giving advice concerning proper nutrition shall post in an easily visible and prominent place the following statement in his or herplace of business:

“NOTICE”

“State law allows any person to provide nutritional advice or give advice concerning proper nutrition–which is the giving of advice as to the role of food and food ingredients, including dietary supplements. This state law does NOT confer authority to practice medicine or to undertake the diagnosis, prevention, treatment, or cure of any disease, pain, deformity, injury, or physical or mental condition and specifically does not authorize any person other than one who is a licensed health practitioner to state that any product might cure any disease, disorder, or condition.”

The notice required by this section shall not be smaller than 8 1/2 inches by 11 inches and shall be legibly printed with lettering no smaller than 1/2 inch in length, except the lettering of the word “NOTICE” shall not be smaller than 1 inch in length.”

What NOT to do!

“2053.5.  (a) Notwithstanding any other provision of law, a person
who complies with the requirements of Section 2053.6 shall not be in
violation of Section 2051 or 2052 unless that person does any of the
following:
(1) Conducts surgery or any other procedure on another person that
punctures the skin or harmfully invades the body.
(2) Administers or prescribes X-ray radiation to another person.
(3) Prescribes or administers legend drugs or controlled
substances to another person.
(4) Recommends the discontinuance of legend drugs or controlled
substances prescribed by an appropriately licensed practitioner.
(5) Willfully diagnoses and treats a physical or mental condition
of any person under circumstances or conditions that cause or create
a risk of great bodily harm, serious physical or mental illness, or
death.
(6) Sets fractures.
(7) Treats lacerations or abrasions through electrotherapy.
(8) Holds out, states, indicates, advertises, or implies to a
client or prospective client that he or she is a physician, a
surgeon, or a physician and surgeon.
(b) A person who advertises any services that are not unlawful
under Section 2051 or 2052 pursuant to subdivision (a) shall disclose
in the advertisement that he or she is not licensed by the state as
a healing arts practitioner.

Do provide Informed Consent to EVERY Client/ Communicant

2053.6.  (a) A person who provides services pursuant to Section
2053.5 that are not unlawful under Section 2051 or 2052 shall, prior
to providing those services, do the following:
(1) Disclose to the client in a written statement using plain
language the following information:
(A) That he or she is not a licensed physician.
(B) That the treatment is alternative or complementary to healing
arts services licensed by the state.
(C) That the services to be provided are not licensed by the
state.
(D) The nature of the services to be provided.
(E) The theory of treatment upon which the services are based.
(F) His or her educational, training, experience, and other
qualifications regarding the services to be provided.
(2) Obtain a written acknowledgment from the client stating that
he or she has been provided with the information described in
paragraph (1). The client shall be provided with a copy of the
written acknowledgement, which shall be maintained by the person
providing the service for three years.
(b) The information required by subdivision (a) shall be provided
in a language that the client understands.
(c) Nothing in this section or in Section 2053.5 shall be
construed to do the following:
(1) Affect the scope of practice of licensed physicians and
surgeons.
(2) Limit the right of any person to seek relief for negligence or
any other civil remedy against a person providing services subject
to the requirements of this section.”

In conclusion DO have your clients join ONACS as fellow Authorized Participant Members and DO have them sign the ONACS Consent form! Then Pray and make them well!

Federal Code and Native American Religious Practices Acts Apply

Of course California ONACS minister practitioners and healers are also protected under all relevant Federal codes and statutes:

ONACS Federal Legal Compliance and Protections

 

The above provided information is not intended as legal advise and is furnished to assist ONACS Members to make informed decisions about their exercise of religious freedoms guaranteed under Federal and State Code and Law.