Our practice looks to various pieces of legislation. These include licensure, certification, and exemption requirements.
Alaska – AK Stat § 08.64.370 (2022): Regarding the practice of medicine, “This chapter does not apply to (3) the practice of the religious tenets of a church.”
Arizona – 32-1421. Exemptions from licensing requirements: “A. This article does not apply to any person while engaged in: 2. The administration of family remedies including the sale of vitamins, health foods or health food supplements or any other natural remedies, except drugs or medicines for which an authorized prescription is required by law, 3. The practice of religion, treatment by prayer or the laying on of hands as a religious rite or ordinance.
Arkansas – AR Code § 17-95-203 (2020): “Nothing herein shall be construed to prohibit or to require a license with respect to any of the following acts: (4) The practice of Christian Science, with or without compensation; (9) The domestic administration of family remedies”
California – CA Bus & Prof Code § 3644 (2022): “3644. This chapter does not prevent or restrict the practice, services, or activities of any of the following:
(d) (1) A person who makes recommendations regarding or is engaged in the sale of food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanicals and their extracts, botanical medicines, homeopathic medicines, dietary supplements, and nonprescription drugs or other products of nature, the sale of which is not otherwise prohibited under state or federal law.
(2) An unlicensed person described in this subdivision may represent that he or she “practices naturopathy” if he or she complies with Section 2053.6. However, an unlicensed person may not use the title “naturopathic doctor” unless he or she has been issued a license by the committee.
(e) A person engaged in good faith in the practice of the religious tenets of any church or religious belief without using prescription drugs.
(f) A person acting in good faith for religious reasons as a matter of conscience or based on a personal belief, while obtaining or providing information regarding health care and the use of any product described in subdivision (d).
(g) A person who provides the following recommendations regarding the human body and its function:
(1) Nonprescription products.
(2) Natural elements such as air, heat, water, and light.
(3) Class I or class II nonprescription, approved medical devices, as defined in Section 360c of Title 21 of the United States Code.
(4) Vitamins, minerals, herbs, homeopathics, natural food products and their extracts, and nutritional supplements.”
Colorado – CO Code § 12-240-107 (2022): “A person may engage in, and shall not be required to obtain a license or a physician training license under this article 240 with respect to, any of the following acts: The practice of religious worship; The practice of Christian Science, with or without compensation.”
CO Code § 12-250-106 (2022): “This article 250 does not prevent or restrict the practice, services, or activities of:
A person who practices natural health care, provides natural health-care services, or advises and educates in the use of natural health-care products, as long as the person does not: Diagnose injuries or diseases; Prescribe medicines as authorized for registrants pursuant to subsection (1)(c) of this section or a prescription drug or controlled substance or device identified in the federal “Controlled Substances Act”, 21 U.S.C. sec. 801 et seq., as amended; or Perform minor office procedures as authorized for registrants pursuant to subsection (1)(d) of this section. A person who sells vitamins, health foods, dietary supplements, herbs, or other natural products, if not otherwise prohibited by state or federal law, and who sells or provides information about the products; A person who provides truthful and nonmisleading information regarding natural health-care products or services; Many therapies used by naturopathic doctors, such as the use of nutritional supplements, herbs, foods, homeopathic preparations, and physical forces such as heat, cold, water, touch, and light, are not the exclusive privilege of naturopathic doctors, and this article 250 does not prohibit the use or practice of those therapies by a person who is not registered under this article 250 to practice naturopathic medicine.”
Connecticut – CT Gen Stat § 20-9. (2022): “(b) The provisions of this chapter shall not apply to: (9) Any Christian Science practitioner who does not use or prescribe in his practice any drugs, poisons, medicines, chemicals, nostrums or surgery.”
Delaware – 24 DE Code § 1703 (2022): “Provisions of this chapter pertaining to the practice of medicine do not apply to: (11) The practice of healing by spiritual means in accordance with the tenets and practice of a religion by an accredited practitioner of the religion. In the practice of healing by spiritual means, an accredited practitioner may not use medical titles or other designations which imply or designate that the practitioner is certified to practice medicine in this State. A person engaged in the practice of healing by spiritual means may not perform surgical operations or prescribe medications, nor may a pharmacist or pharmacy honor a prescription drawn by the person. A person engaged in the practice of healing by spiritual means must observe all state and federal public health laws.”
Florida – FL Stat § 458.303 (2022): “(g) The practice of the religious tenets of any church in this state.”
Georgia – GA Code § 43-34-22 (2022): “Nothing in this chapter shall be construed to prohibit: The practice of the religious tenets or general beliefs of any church whatsoever.”
Hawaii – HI Rev Stat § 453-2 (2022): “(b) Nothing herein shall: (1) Apply to so-called Christian Scientists; provided that the Christian Scientists practice the religious tenets of their church without pretending a knowledge of medicine or surgery”
Idaho – ID Code § 54-1804 (2022): “54-1804. UNLICENSED PRACTICE — PENALTIES AND REMEDIES RELATING TO UNLICENSED PRACTICE. (1) Under the circumstances described and subject in each case to limitations stated, the following persons, though not holding a license to practice medicine in this state, may engage in activities included in the practice of medicine: (g) A person engaged in good faith in the practice of the religious tenets of any church or religious beliefs;
(l) A person who administers treatment or provides advice regarding the human body and its functions and who:
(i) Does not use legend drugs or prescription drugs in such practice;
(ii) Uses natural elements such as air, heat, water and light;
(iii) Uses only class I or class II nonprescription, approved, medical devices as defined in section 513 of the federal food, drug and cosmetic act;
(iv) Uses only vitamins, minerals, herbs, natural food products and their extracts, and nutritional supplements;
(v) Does not perform surgery; and who
(vi) Requires each person receiving services to sign a declaration of informed consent that includes an overview of the health care provider’s education which states that the health care provider is not an “M.D.” or “D.O.” and is not licensed under the provisions of this chapter.
ID Code § 54-5103 (2022): 54-5103. EXEMPTIONS FROM LICENSURE. This chapter is not intended to and does not prohibit, restrict, or apply to: (4) An individual engaged in the sale of vitamins, health foods, over-the-counter homeopathic products, dietary supplements, herbs, or other products of nature, the sale of which is not otherwise prohibited under state or federal law; (7) The practice of the complementary and alternative healing methods and treatments as described in section 54-1804(1)(l), Idaho Code.
ID Code § 54-5908 (2022): “
54-5908. REGISTERED NATUROPATHS. (1) Naturopaths who are not licensed naturopathic doctors may, but shall not be required to, obtain registration under the provisions of this chapter and pursuant to the rules of the board.
(2) The scope of practice for a registered naturopath under this chapter shall be limited to practices permitted pursuant to section 54-1804(1)(l), Idaho Code.”
*Dr. Moates intends to apply for registration as soon as the board finalizes the registration process.*
Illinois – 225 ILCS 60/4: “Sec. 4. Exemptions. This Act does not apply to the following: (3) persons treating human ailments by prayer or spiritual means as an exercise or enjoyment of religious freedom.”
Indiana – IN Code § 25-22.5-1-2 (2022): “Sec. 2. (a) This article, as it relates to the unlawful or unauthorized practice of medicine or osteopathic medicine, does not apply to any of the following: (7) A member of a church practicing the religious tenets of the church if the member does not make a medical diagnosis, prescribe or administer drugs or medicines, perform surgical or physical operations, or assume the title of or profess to be a physician.”
Kansas – KS Stat § 65-2872 (2021): “65-2872. Persons not engaged in the practice of the healing arts. The practice of the healing arts shall not be construed to include the following persons: (b) Persons gratuitously administering ordinary household remedies. (c) The members of any church practicing their religious tenets provided they shall not be exempt from complying with all public health regulations of the state. (h) Persons in the general fields of psychology, education and social work, dealing with the social, psychological and moral well-being of individuals or groups, or both, provided they do not use drugs and do not hold themselves out to be the physicians, surgeons, osteopathic physicians or chiropractors.
Louisiana – LA Rev Stat § 37:1291 (2022): “None of the provisions of this Part shall apply to: (5) The practice of Christian Science or religious rules or ceremonies as a form of religious worship, devotion or healing, if the persons administering, making use of, assisting, or prescribing this practice rely on faith and prayer alone, do not prescribe or administer drugs, or medicine, or perform surgical or physical operations, or assume the title of, or hold themselves out to be, physicians or surgeons.”
Maine – 32 ME Rev Stat § 12602 (2022): “A person who provides complementary or alternative health care services in accordance with this subchapter but who is not licensed, certified or registered in this State as a health care professional or practitioner under this Title does not violate any law relating to the licensing of health care professionals under this Title as long as the person complies with the requirements of this subchapter. [PL 2019, c. 265, §1 (NEW).]
Maryland – MD. Health Occupations Code § 14-5F-03 (2022): “This subtitle does not limit the right of: (2) An individual from treating the individual or the individual’s family based on the individual’s religious or health beliefs; or (3) A person that sells vitamins and herbs from providing information about the person’s products.”
Michigan – MI Comp L § 333.16171 (2022): “(e) An individual who provides nonmedical nursing or similar services in the care of the ill or suffering or an individual who in good faith ministers to the ill or suffering by spiritual means alone, through prayer, in the exercise of a religious freedom, and who does not hold himself or herself out to be a health professional.”
Minnesota – 147E.10 PROTECTED TITLES: “Subd. 2.Other health care practitioners. Nothing in this chapter may be construed to prohibit or to restrict: (2) the provision of the complementary and alternative healing methods and treatments, including naturopathy, as described in chapter 146A;”
146A.01 DEFINITIONS.: “
Subd. 4.Complementary and alternative health care practices. (a) “Complementary and alternative health care practices” means the broad domain of complementary and alternative healing methods and treatments, including but not limited to: (1) acupressure; (2) anthroposophy; (3) aroma therapy; (4) ayurveda; (5) cranial sacral therapy; (6) culturally traditional healing practices; (7) detoxification practices and therapies; (8) energetic healing; (9) polarity therapy; (10) folk practices; (11) healing practices utilizing food, food supplements, nutrients, and the physical forces of heat, cold, water, touch, and light; (12) Gerson therapy and colostrum therapy; (13) healing touch; (14) herbology or herbalism; (15) homeopathy; (16) nondiagnostic iridology; (17) body work, massage, and massage therapy; (18) meditation; (19) mind-body healing practices; (20) naturopathy; (21) noninvasive instrumentalities; and (22) traditional Oriental practices, such as Qi Gong energy healing.
(b) Complementary and alternative health care practices do not include surgery, x-ray radiation, administering or dispensing legend drugs and controlled substances, practices that invade the human body by puncture of the skin, setting fractures, the use of medical devices as defined in section 147A.01, any practice included in the practice of dentistry as defined in section 150A.05, subdivision 1, or the manipulation or adjustment of articulations of joints or the spine as described in section 146.23 or 148.01.
(c) Complementary and alternative health care practices do not include practices that are permitted under section 147.09, clause (11), or 148.271, clause (5).
(d) This chapter does not apply to, control, prevent, or restrict the practice, service, or activity of lawfully marketing or distributing food products, including dietary supplements as defined in the federal Dietary Supplement Health and Education Act, educating customers about such products, or explaining the uses of such products. Under Minnesota law, an unlicensed complementary and alternative health care practitioner may not provide a medical diagnosis or recommend discontinuance of medically prescribed treatments.”
Missouri – MO Rev Stat § 334.150 (2022): “…sections 334.010 to 334.140 shall not apply to Christian Science practitioners who endeavor to cure or prevent disease or suffering exclusively by spiritual means or prayer, so long as quarantine regulations relating to contagious diseases are not infringed upon; but no provision of this section shall be construed or held in any way to interfere with the enforcement of the rules and regulations adopted and approved by the department of health and senior services or any municipality under the laws of this state for the control of communicable or contagious diseases.”
Montana – MT Code § 37-3-103 (2022): “37-3-103. Exemptions from licensing requirements. (1) This chapter does not prohibit or require a license with respect to any of the following acts: (g) the practice of Christian Science, with or without compensation, and ritual circumcisions by rabbis;”
Nebraska – NE Code § 38-2025 (2022): “The following classes of persons shall not be construed to be engaged in the unauthorized practice of medicine: (3) The members of any church practicing its religious tenets, except that they shall not prescribe or administer drugs or medicines, perform surgical or physical operations, nor assume the title of or hold themselves out to be physicians, and such members shall not be exempt from the quarantine laws of this state;”
Oregon – OR Rev Stat § 677.060 (2021): “This chapter does not affect or prevent the following: (8) The practice of the religion of persons who endeavor to prevent or cure disease or suffering by prayer or other spiritual means in accordance with the tenets of any church. Nothing in this chapter interferes in any manner with the individual’s right to select the practitioner or mode of treatment of an individual’s choice, or interferes with the right of the person so employed to give the treatment so chosen if public health laws and rules are complied with.”
Pennsylvania – MEDICAL PRACTICE ACT OF 1985: “The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Short title. This act shall be known and may be cited as the Medical Practice Act of 1985. Section 2. Definitions. The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: “Medicine and surgery.” The art and science of which the objectives are the cure of diseases and the preservation of the health of man, including the practice of the healing art with or without drugs, except healing by spiritual means or prayer.”
Rhode Island – RI Gen L § 5-37-15. (2022): “This chapter and chapter 30 of this title shall not be construed to affect the practice of the religious tenets of any church; provided, that any sanitary laws of the state, or rules and regulations of any officer, board, division, or department, as now are or hereafter may be in force, are complied with.”
South Carolina – SC Code § 40-47-30 (2022): “
(A) A person may not practice medicine in this State unless the person is twenty-one years of age and has been authorized to do so pursuant to the provisions of this article. Nothing in this article may be construed to: (2) apply to those who practice the religious tenets of their church without pretending a knowledge of medicine if the laws, rules, and regulations relating to contagious diseases and sanitary matters are not violated;
Texas – TX Occ Code § 151.051 (2022): “(c) This subtitle may not be construed in a manner that: (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.”
Utah – 58-67-305. Exemptions from licensure.: “In addition to the exemptions from licensure in Section 58-1-307, the following individuals may engage in the described acts or practices without being licensed under this chapter: (3)
(a) (i) a person engaged in the sale of vitamins, health foods, dietary supplements, herbs, or other products of nature, the sale of which is not otherwise prohibited by state or federal law; and (ii) a person acting in good faith for religious reasons, as a matter of conscience, or based on a personal belief, when obtaining or providing any information regarding health care and the use of any product under Subsection (3)(a)(i); and (b) Subsection (3)(a) does not: (i) allow a person to diagnose any human disease, ailment, injury, infirmity, deformity, pain, or other condition; or (ii) prohibit providing truthful and non-misleading information regarding any of the products under Subsection (3)(a)(i); (4) a person engaged in good faith in the practice of the religious tenets of any church or religious belief, without the use of prescription drugs;”
Virginia – VA Code § 54.1-2901 (2022): “A. The provisions of this chapter shall not prevent or prohibit: 14. The practice of the religious tenets of any church in the ministration to the sick and suffering by mental or spiritual means without the use of any drug or material remedy, whether gratuitously or for compensation;”
Washington – WA Rev Code § 18.71.030 (2022): “Nothing in this chapter shall be construed to apply to or interfere in any way with the practice of religion or any kind of treatment by prayer;”
West Virginia – WV Code § 30-3-13 (2022): “(3) To engage in the bona fide religious tenets of any recognized church in the administration of assistance to the sick or suffering by mental or spiritual means.”
Wisconsin – WI Stat § 448.03 (2022): “(6) Practice of Christian Science. No law of this state regulating the practice of medicine and surgery may be construed to interfere with the practice of Christian Science. A person who elects Christian Science treatment in lieu of medical or surgical treatment for the cure of disease may not be compelled to submit to medical or surgical treatment.”
