Texas State Exemptions

NAIC Texas State Exemptions and Privilege

Texas Occupations Code Annotated
2000 Pamphlet
Subtitle B., Chapters 151-165 Physicians
The Medical Practice Act

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 151.053.  APPLICATION TO CERTAIN PERSONS PROVIDING NUTRITIONAL ADVICE.  (a)  This subtitle does not prohibit a person from giving advice regarding the use and role of food and food ingredients, including dietary supplements.
Sec. 151.001.  SHORT TITLE.  This subtitle may be cited as the Medical Practice Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 151.054.  APPLICATION TO SELF-CARE.  (a)  This subtitle does not prohibit:
(1)  a person from providing or seeking advice or information relating to that person’s self-care;  or
(2)  the dissemination of information relating to self-care.

SUBCHAPTER B. APPLICATION AND CONSTRUCTION OF SUBTITLE
151.051. DISCRIMINATION BASED ON TYPE OF ACADEMIC MEDICAL DEGREE OR CERTAIN RELIGIOUS TENETS PROHIBITED.
(c) This subtitle may not be construed in a manner that:
(1) discriminates against a school or system of medical practice; or
(2) affects the use of the principles or teachings of any church in ministering to the sick or suffering by prayer or pastoral counseling without the use of a drug or other material substance represented as medically effective.
Acts 1999, 76th Leg., ch. 388, section 1, eff. Sept. 1, 1999.  (http://www.philipleonard.com/acrobat/mpa1999.pdf)

 

Texas Religious Freedom Restoration Act

CIVIL PRACTICE AND REMEDIES CODE
TITLE 5. GOVERNMENTAL LIABILITY
CHAPTER 110. RELIGIOUS FREEDOM
Sec. 110.001.  DEFINITIONS.  (a)  In this chapter:
(1)  “Free exercise of religion” means an act or refusal to act that is substantially motivated by sincere religious belief.  In determining whether an act or refusal to act is substantially motivated by sincere religious belief under this chapter, it is not necessary to determine that the act or refusal to act is motivated by a central part or central requirement of the person’s sincere religious belief.
(2)  “Government agency” means:
(A)  this state or a municipality or other
political subdivision of this state;  and
(B)  any agency of this state or a municipality or
other political subdivision of this state, including a department,
bureau, board, commission, office, agency, council, or public
institution of higher education.
(b)  In determining whether an interest is a compelling
governmental interest under Section 110.003, a court shall give
weight to the interpretation of compelling interest in federal case
law relating to the free exercise of religion clause of the First
Amendment of the United States Constitution.

Added by Acts 1999, 76th Leg., ch. 399, § 1, eff. Aug. 30, 1999.

Application Provision
§ 110.002. APPLICATION.  (a) This chapter applies to any
ordinance, rule, order, decision, practice, or other exercise of
governmental authority.
(b)  This chapter applies to an act of a government agency,
in the exercise of governmental authority, granting or refusing to
grant a government benefit to an individual.
(c)  This chapter applies to each law of this state unless
the law is expressly made exempt from the application of this
chapter by reference to this chapter.

Added by Acts 1999, 76th Leg., ch. 399, § 1, eff. Aug. 30, 1999. (http://law.justia.com/codes/texas/2005/cp/005.00.000110.00.html)

 

Texas Massage Code

OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE H. PROFESSIONS RELATED TO CERTAIN TYPES OF THERAPY
CHAPTER 455. MASSAGE THERAPY
SUBCHAPTER A. GENERAL PROVISIONS

Definition: (8)  “Massage therapy” means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics.  The terms “massage,” “therapeutic massage,” “massage technology,” “myotherapy,” “body massage,” “body rub,” or any derivation of those terms are synonyms for “massage therapy.”

Exemption: SUBCHAPTER D.  LICENSING
Sec. 455.151.  LICENSE REQUIRED.  (a)  Unless the person is exempt from the licensing requirement, a person may not act as a massage therapist, massage school, massage therapy instructor, or massage establishment unless the person holds an appropriate license issued under this chapter.
(b)  Unless the person is exempt from the licensing requirement, a person may not represent that the person is a massage therapist, massage school, massage therapy instructor, or massage establishment unless the person holds an appropriate license under this chapter.
(c)  A person may not for compensation perform or offer to perform any service with a purported health benefit that involves physical contact with a client unless the person:
(1)  holds an appropriate license issued under this chapter; or
(2)  is licensed or authorized under other law to perform the service.

More exemption:
Sec. 455.155.  LICENSE EXEMPTION.  (a)  Section 455.151 does not apply to an establishment or person that:
(4)  at the place of business, a person offers to perform or performs massage therapy:

(B)  as part of a public or charity event, the primary purpose of which is not to provide massage therapy.

 

Texas OCCUPATIONS CODE

TITLE THREE. HEALTH PROFESSIONS
SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY  (See more at: http://codes.lp.findlaw.com/txstatutes/OC/3/A#sthash.H9ZoHA19.dpuf),
CHAPTER 104. HEALING ARTS PRACTITIONERS
SECTION 104.006. APPLICABILITY TO ESTABLISHED CHURCH
“This chapter does not affect the use of the principles or teachings of an established church in ministering, without the use of any drug or material remedy, to the sick or suffering by prayer if:

(1) sanitary and quarantine laws are complied with; and

(2) the person ministering or offering to minister does not maintain an office, other than to exercise the principles or teachings of the church of which the person is a bona fide member.”

(Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. – See more at: http://codes.lp.findlaw.com/txstatutes/OC/3/A/104/104.006#sthash.DZXwxHmX.dpuf)

 

TITLE 3. HEALTH PROFESSIONS
SUBTITLE I. REGULATION OF PSYCHOLOGY AND COUNSELING
CHAPTER 503. LICENSED PROFESSIONAL COUNSELORS
SUBCHAPTER A. GENERAL PROVISIONS
SUBCHAPTER B. APPLICATION OF CHAPTER

Sec. 503.054.  COUNSELING BY OTHER LICENSED OR CERTIFIED PROFESSIONAL OR BY RELIGIOUS PRACTITIONER.  This chapter does not apply to an activity or service of any of the following persons performing counseling consistent with the law of this state, the person’s training, and any code of ethics of the person’s profession if the person does not represent the person by any title or description as described by the definition of “licensed professional counselor” in Section 503.002:
(2)  a recognized religious practitioner, including a Christian Science practitioner recognized by the Church of Christ Scientist as registered and published in the Christian Science Journal.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.(http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.503.htm)

Definition of “Counseling”

Sec. 503.003.  DEFINITION:  PRACTICE OF PROFESSIONAL COUNSELING.  (a)  In this chapter, “practice of professional counseling” means the application of mental health, psychotherapeutic, and human development principles to:
(1)  facilitate human development and adjustment throughout life;
(2)  prevent, assess, evaluate, and treat mental, emotional, or behavioral disorders and associated distresses that interfere with mental health;
(3)  conduct assessments and evaluations to establish treatment goals and objectives;  and
(4)  plan, implement, and evaluate treatment plans using counseling treatment interventions that include:
(A)  counseling;
(B)  assessment;
(C)  consulting;  and
(D)  referral.
(b)  In this section:
(1)  “Assessment” means the selection, administration, scoring, and interpretation of an instrument designed to assess an individual’s aptitudes, attitudes, abilities, achievements, interests, personal characteristics, disabilities, and mental, emotional, and behavioral disorders, and the use of methods and techniques for understanding human behavior that may include the evaluation, assessment, and treatment by counseling methods, techniques, and procedures for mental and emotional disorders, alcoholism and substance abuse, and conduct disorders.  The term does not include the use of standardized projective techniques or permit the diagnosis of a physical condition or disorder.
(2)  “Consulting” means applying scientific principles and procedures in counseling and human development to assist in understanding and solving current or potential problems that the person seeking consultation may have with regard to another person, including an individual, group, or organization.
(3)  “Counseling” means assisting a client through a therapeutic relationship, using a combination of mental health and human development principles, methods, and techniques, including the use of psychotherapy, to achieve the mental, emotional, physical, social, moral, educational, spiritual, or career-related development and adjustment of the client throughout the client’s life.
(4)  “Counseling treatment intervention” means the application of cognitive, affective, behavioral, psychodynamic, and systemic counseling strategies, including strategies for developmental, wellness, and psychological dysfunction that reflect a pluralistic society.  The term does not permit or include the diagnosis or treatment of a physical condition or disorder.  The term includes:
(A)  an intervention specifically implemented in the context of a professional counseling relationship;
(B)  individual, group, or family counseling or psychotherapy;
(C)  the assessment, evaluation, and treatment of a person with a mental, emotional, or behavioral disorder;
(D)  guidance and consulting to facilitate normal growth and development, including educational and career development;
(E)  the use of functional assessment and counseling for a person requesting assistance in adjustment to a disability or handicapping condition;
(F)  research;  and
(G)  referrals.
(5)  “Referral” means:
(A)  evaluating and identifying the needs of a person being counseled to determine the advisability of referral to another specialist;
(B)  informing the person of that judgment;  and
(C)  communicating to the person to whom the referral is made as requested by the person being counseled or as appropriate.
(c)  The use of specific methods, techniques, or modalities within the practice of professional counseling is limited to professional counselors appropriately trained in the use of those methods, techniques, or modalities.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

 

Texas Clergy Communicant privilege

RULE 505. COMMUNICATIONS TO MEMBERS OF THE CLERGY
(a) Definitions. As used in this rule:
(1) A “member of the clergy” is a minister, priest, rabbi, accredited Christian Science Practitioner, or other similar functionary of a religious organization or an individual reasonably believed so to be by the person consulting with such individual.
(2) A communication is “confidential” if made privately and not intended for further disclosure except to other persons present in furtherance of the purpose of the communication.
(b) General Rule of Privilege. A person has a privilege to refuse to disclose and to prevent another from disclosing a confidential communication by the person to a member of the clergy in the member’s professional character as spiritual adviser.
(c) Who May Claim the Privilege. The privilege may be claimed by the person, by the person’s guardian or conservator, or by the personal representative of the person if the person is deceased.  The member of the clergy to whom the communication was made is presumed to have authority to claim the privilege but only on behalf of the communicant.

Texas allows Religious Exemption for Vaccine and Vaccinations
(http://vaccineinfo.net/exemptions/index.shtml)

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!

 

What NOT to do!

Notwithstanding any other provision of law, an NAIC Medicine Person/ Practitioner in Texas should not do 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) 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 holding a State Medical License unless they do have one!
Do provide NAIC Informed Consent to EVERY Client/ Communicant

It is good and prudent practice to avoid misunderstanding by minister practitioner and communicant/ client alike to:
(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 a religious/ Indigenous/ Native American 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 any other 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.”

 

 Conclusions:

In every State and in Federal Code as well. There are specific Statute and Code establishing the legal RIGHT for spiritual people to practice their religious tenants without interference from the secular, governmental authority. These exemptions that we speak of specifically exempt religious and native healing practitioners from licensing and registration laws for Massage, Massage Therapy and Medical Boards. They are NOT loop holes to be exploited! The are statutory exemptions specific to religious and Native American Indigenous Church members, ministers and authorized practitioners engaging in authentic, authorized practices reflecting of the tenants, principles, doctrine, mission and education of our specific religion and church ministry.
For NAIC specific application see that religious healing arts are under the provisions of the State Texas Occupations Code, under two different Title 3 codes HEALING ARTS PRACTITIONERS and COUNSELING BY OTHER LICENSED OR CERTIFIED PROFESSIONAL OR BY RELIGIOUS PRACTITIONER ministerial practices of healing ministry, therapy and counseling are clearly exempt from licensing requirements as long as practiced as a member under authority of a bona fide church and or religious organization.

NAIC is a legally cognizable, bona fide Native American Church, religious organization.

The Massage Therapy Law not only is under the Authority of the State Medical Practices act but also is under Title 3. and must recognize the legal exemptions provided by Sec.104.006 and Sec. 503.054 exemptions from licensing. Even if there were no Religious exemptions (which their are) their would more than sufficiently cover the ministerial scope of practice for our NAIC Indigenous (Clerrical/ministerial) Chirothesia and or Native American Church Traditional Healing and medicine practices.
Therefore we can reasonably assume that under both US Federal Code and State of Texas statute that the Spiritual, Religious, Ceremonial, Sacredotal, Ministerial, Pastoral, practices of Indigenous and traditional and or tribal/ familial counseling and healing as ordained tenants authorized by the Oklevueha Native American Church are exempted from the Medical Practices Act of the State of Texas. This applies to the full scope of practice and training as authorized by NAIC.
This is further supported by the Texas Religious Freedom Restoration Act, CIVIL PRACTICE AND REMEDIES CODE, TITLE 5. GOVERNMENTAL LIABILITY, CHAPTER 110. RELIGIOUS FREEDOM which clearly states that “a court shall give
weight to the interpretation of compelling interest in federal case law relating to the free exercise of religion clause of the First Amendment of the United States Constitution.” Federal code (AIFRA, RLUIPA, Title 18 etc.) which prohibits states from making laws that interfere with the practice of Native American Religion and it’s practices establish that state of Texas does not have a “Compelling Interest” and that our ministries do not meet a “Compelling Interest Standard” to be under the legal jurisdiction or purview of licensing authorities.

In our opinion, NAIC Authorized ABM, AFM, CHT bona fide church ministers practicing in accordance with their appropriate authorization and scope of practice and not claiming or advertizing inappropriately that they are specifically Licensed  “Medical Doctors”, “Massage Therapists” and or “Psychologist” or other prohibited state regulated designations, are not required to obtain or hold a State License for the practice of Native American and or Indigenous Traditional Healing of any kind in the state of Texas..

If you are practicing in Texas we recommend you print this article and either post in your office of keep handy with your NAIC Credentials should there be some query about why you might or might not have a State License.
The above provided information is not intended as legal advise and is furnished to assist NAIC Members to make informed decisions about their exercise of religious freedoms guaranteed under Federal and State Code and Law.

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

 

Federal Code and Native American Religious Practices Acts Apply in Texas

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

NAIC Federal Legal Compliance and Protections