§ 3058ff. Rule of construction

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2006
Older Americans Act of 1965
Pub. L. 89–73 title VII § 765 · 79 Stat. 218
Enacted · 42 U.S.C. § 3058ff
(Pub. L. 89–73, title VII, § 765, as added Pub. L. 109–365, title VII, § 705, Oct. 17, 2006, 120 Stat. 2594.)
Source evidence
Code source credit
(Pub. L. 89–73, title VII, § 765, as added Pub. L. 109–365, title VII, § 705, Oct. 17, 2006, 120 Stat. 2594.)

0 of 1 references resolved to an enrolled provision · 1 partial

Credits

(Pub. L. 89–73, title VII, § 765, as added Pub. L. 109–365, title VII, § 705, Oct. 17, 2006, 120 Stat. 2594.)