Title 42 — The Public Health and WelfareRelease 119-73

§3058ff Rule of construction

Title 42 › Chapter CHAPTER 35— - PROGRAMS FOR OLDER AMERICANS › Subchapter SUBCHAPTER XI— - ALLOTMENTS FOR VULNERABLE ELDER RIGHTS PROTECTION ACTIVITIES › Part Part C— - General Provisions › § 3058ff

Last updated Apr 6, 2026|Official source

Summary

Protects an older person's right to follow their religion by using only prayer for healing. That right stands if the choice to rely on prayer is shown in one of three ways: the person says it at the time (spoken or written) about a current illness or injury and is able to decide; it was put in a living will, health care proxy, or other valid advance directive under State law; or it can be clearly learned from the person’s life history.

Full Legal Text

Title 42, §3058ff

The Public Health and Welfare — Source: USLM XML via OLRC

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—

(1)is contemporaneously expressed by the older individual—

(A)either orally or in writing;

(B)with respect to a specific illness or injury that the older individual has at the time of the decision; and

(C)when the older individual is competent to make the decision;

(2)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

(3)may be unambiguously deduced from the older individual’s life history.

Reference

Citations & Metadata

Citation

42 U.S.C. § 3058ff

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73