Below is a copy of
Disclaimer: Material below is for educational
and religious purposes only. This material is not intended as legal
advice, or to replace the services of qualified
legal experts.
We wish to thank for
their great inspiration over the years, Dr.
Patch Adams, M.D. of the Gesundheit! Institute (www.PatchAdams.org), Dr. Larry Wilson, Candice Cantin Packard, Dr. Albert Schweitzer and all men and
women concerned with our freedom and rights under the law.
Here
is a copy of the latest full text of the July 2004 revision of the
"Articles of Association and Organization" of the
Homage to Lord Dhanwanthari - Master
Ayurvedic Healer - God of Medicine.
1st Revision, adopted, accepted and ratified by the Founding Board of Directors on August 6, 2002.
Great Compassion Healing Center
Conformed Copy of the Articles of Association and Organization Ratified by the Board of Directors of Dhanvantari Ayurveda Ministry.
1st Revision, adopted, accepted and ratified by the Founding Board of Directors on August 6, 2002.
We the undersigned members and founders of the non-profit Church called the Great Compassion Healing Center, being of legal age and sound mind and body, desiring to reach enlightenment and self-realization and to carry out the Mission of Healing and Education, in order to form a non-profit religious church as a legally binding Non-Incorporated Association, certify as follows and do hereby adopt these Articles of Association and Organization, our founding and legal governing instrument and solemnly pledge ourselves to be governed by its provisions.
Name and Association and Declaration
Declaration of Religious Faith, Practices and Constitutional Rights
Ancient Scriptural Language and Sacred Text Study Abroad: A Formal Missionary Exchange Program
Programs, Retreats, and Ancient Religious Holidays Celebrated by the Ministry, Center, and Temple.
Declaration of Belief in Karma and the Three Humors
Initiate’s Declaration of First Amendment Constitutional Rights
Initiate’s “Laying of Hands” is NOT Massage Therapy
Initiate’s Are Not Practicing Medicine, But Are Practicing Religion
Initiates Are Not Practicing Medicine, But Are Practicing Religion
Initiate’s Are Not Practicing Nutrition or Dietetics, But Are Practicing Religion
Great Compassion Healing Center and Temple Initiates Refrain from Drugs and Intoxicants:
Shamanistic and Tantric Techniques
Nature of the Church (Ministry, Center and Temple, and its Congregation)
Statement of Purpose of the Church (Ministry, Center and Temple, and its Congregation)
Statement of the Legal Powers of the Ministry, Center and Temple
Statement of the Ministry, Center and Temple Affiliation
No Private Benefit or Inurement by the Church or Its Congregation and Management
Assets Dedicated to our Exempt Religious Purpose:
Membership in the Ministry, Center and Temple
Privileges and Duties of Members of the Congregation
Non-Discriminatory Policy of this Congregation, Ministry, Center and Temple, and its Initiates
Initiates (Ministers) of the Ministry, Center, and Temple
The Officers of the Non-Incorporated Non-Profit Association
Limitation of the Powers of Committees
Amendments to the Articles of Association and Organization
Miscellaneous Articles and Important Legal Statements
Exclusively Religious Purpose, Organization and Actions of Great Compassion Healing Center:
Non-Involvement in Political Activity:
Information Provided to Donors:
Public Inspection of Exemption Applications: PAGEREF _Toc16312266 \h 62
Limited to our Non-Profit Religious Purpose
Approval of these Articles of Association and Organization
C1.01: The name of this legally binding and
organized Non-Incorporated Non-Profit Association, a religious congregation
(Church), shall be “
C1.02: For the purpose of these Articles of Association and Organization and any future By-laws or Amendments, “Great Compassion Healing Center” also legally referred to as “Dhanvantari Ayurveda Ministry, Great Compassion Healing Center, Dhanvantari Ayurveda Temple, Dhanvantari Healing Center, Dhanvantari Ayurvedic Institute, Dhanvantari College of Ayurveda, Dhanvantari Ayurveda College, Dhanvantari Press, Dhanvantari Publishing, Dhanvantari Yoga, Dhanvantari Herbs, Dhanvantari Jyotisha, Dhanvantari Academy, Dhanvantari Ayurveda.” Dhanvantari Healing Center, Dhanvantari Ayurvedic Institute, Dhanvantari College of Ayurveda, Dhanvantari Ayurveda College, Dhanvantari Press, Dhanvantari Publishing, Dhanvantari Yoga, Dhanvantari Herbs, Dhanvantari Jyotisha, Dhanvantari Ayurveda, Dhanvantari Spiritual Journeys,” shall be hereinafter referred to as the “Ministry, Center and Temple,” as the “Ministry,” as the “Association,” as the “Non-Incorporated Non-Profit Association,” as the “Congregation,” as the “Church,” as “our,” and as “we.”
C1.03: This Ministry, Center, and
C1.04: This Ministry, Center and Temple is organized and publicly operated exclusively for non-profit religious purposes elaborated in these Articles of Association and Organization, including, for such purposes, the making of distributions to organizations that qualify under section 501(c)(3) of the Internal Revenue Code (or the corresponding provision of any future United States Internal Revenue law. The nature of the business and purposes to be conducted or promoted by the Non-Incorporated Non-Profit Association are to engage, carry on and conduct any lawful act or activity permitted to legal Non-Incorporated Non-Profit Associations and to Churches and in addition to, and without limiting generality of the foregoing, the following is permitted our Non-Incorporated Non-Profit Association:
Our Non-Incorporated Non-Profit Association (Ministry,
Center and
a.) A distinct legal existence: We are a formal legal entity called a Non-Incorporated Non-Profit Association.
b.) A recognized creed and form of worship: Hinduism and all of its religious derivatives, Ayurveda, Yoga, Jyotisha, Vedanta, Buddhism, Chinese Healing Arts and their myriad spiritual practices.
c.) A definite and distinct
ecclesiastical government: The Board of Directors, the Congregation
Committees and regular Congregation Meetings, and the Organizations within the
Ministry, Center, and
d.) A formal code of doctrine and discipline: The ancient Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts Scriptures and Teachings.
e.) A distinct religious history: Our religious tradition dates back to the founding of Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts, at least 2500 years ago. The ancient Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts Scriptures.
f.) A membership not
associated with any other church or denomination: Our congregation is
not directly affiliated with an organized religion. Ayurveda, Yoga, Jyotisha,
Vedanta and Chinese Healing Arts are not an organized religion in the Catholic,
Christian or “Western” sense, nor is it the intent of the Ministry, Center, and
g.) An organization of ordained ministers ministering to our congregation: We train and ordain Initiates who minister to our congregation.
h.) Ordained ministers selected after completing a prescribed course of study: Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts being a religion that encourages scholastic endeavors blended with spiritual practice, we prescribe a thorough course of formal and informal study for our Initiates (Ministers) before ordination. This prescribed course of study is called the: Initiate Training Ordination Program.
i.) A literature of our own: We follow the unique Sutra Scriptures of Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts and their liturgical teachings. These ancient Scriptures and Holy Writ are formally taught to potential ordained Initiates and have been rigorously and formally studied by our Initiates.
j.) Established
places of worship: Initiates (Ministers) provide regular public worship
services at our Ministry, Center and
k.) Regular congregations:
Our Ministry, Center, and
l.) Regular religious services: Our regularly published worship services and retreats attract consistent congregations of worshipers and spiritual practitioners.
m.) School for preparation of its ministers: We formally prepare Initiates for ministerial service to our congregation and to support the Dharma (the Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts Scriptures and Teachings), and the Sangha (the lay and religious practitioners).
C1.05: Additionally, we wish to confirm that
our Ministry, Center, and
a.) Hold services and meetings on a regular basis;
b.) Have ministers (Initiates) and other representatives;
c.) Have a record of performing Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts ceremonies and sacraments;
d.) Ordain ministers (Initiates);
e.) Require some financial support by its members (congregation);
f.) Have a formal existence and operation (as a Non-Incorporated Non-Profit Association governed by the laws of the State of California and organized and publicly operated exclusively for the religious purposes elaborated in these Articles of Association and Organization);
g.) Satisfy all other requirements of Internal Revenue Code 501(c)(3);
h.) Have a body of believers or communicants who assemble regularly in order to worship;
i.) Are protected and entitled to and now, hereby claim, any and all rights granted under the First Amendment and the Ninth Amendment of the United States Constitution. Our rights that we claim are not limited to those granted under the First Amendment and the Ninth Amendment of the United States Constitution. This association and its congregation, members, Initiates, Directors, and Officers hereby formally declare: “All rights reserved without prejudice.”
C1.06: Additionally, we wish to confirm that
the period of existence of our Non-incorporated Non-Profit Association
(Ministry, Center, and
C1.07: The address of the Non-Incorporated Non-Profit Association's initial
registered office is
C1.08: The number of trustees (directors) of the Non-Incorporated
Non-Profit Association shall be not less than three and not more than
eleven. The number of trustees constituting the initial Board of
Directors is three and the names and addresses, and position of the trustees
are as follows (See Chapter 11 - The Board of Directors - for details)
Founding President: Rev. Sheng-wei Lan President, Secretary and Ordained Pastoral Counselor
Telephone: 510-883-9688
Address:
_____________________________________________ Date: November 7th, 2005
Founding
Treasurer: Rev. Michael Reid
Kreuzer Treasurer and Ordained Pastoral Counselor
Telephone: 510-292-6696
Address:
_____________________________________________
Date: November 7th, 2005
Founding Member: Rev. Jenny Dinh 3rd Founding Congregation Member
Address:
_____________________________________________ Date: November 7th, 2005
C1.09: The “Association Seal” (similar to a
Corporate Seal) of the Non-Incorporated Non-Profit Association shall have
inscribed thereon the name: “
As part of our rights protected under the Articles of the
Constitution of the
C2.01: Our Ministry, Center, and
C2.02: Our Ministry, Center, and Temple educates people in the care of their body as a temple of the Soul and as the best means of achieving dharma (life purpose, spiritual duty), artha (resources needed to achieve one’s life purpose), kama (happiness that comes from fulfilling one’s life purpose), and moksha (liberation, freedom, nirvana that comes as a fruit of accomplishing one’s dharma). We believe that one cannot attain spiritual enlightenment, moksha, unless one has health and balance of mind, body, and spirit.
C2.03: Our Ministry, Center and Temple declares that there is evidence that our faith, study, practices and spiritual tradition is rooted in and derived from the ancient teachings of Jyotisha, Ayurveda, Yoga, Hinduism and Buddhism.
C2.04: Our Ministry, Center, and Temple declares that we practice the Way of the Yogi and that there is scholarly, archeological, and anthropological extant evidence that our faith, study, practices, and spiritual tradition are based on the ancient faith, study, practices and spiritual tradition taught in the Religious Sutra Scriptures as elaborated in the following age-old Holy Writ:
1.) The Yoga Sutras of Patanjali.
2.) The Bhagavad Gita Scriptures.
3.) The Eight Upanishads Scriptures.
4.) Vagbhata’s Astangha Hridayam and Samgraha Samhita Scriptures.
5.) Sushruta Samhita Scripture.
6.) Caraka Samhita Scripture.
7.) The Brhat Parasara Hora Scripture.
8.) Mantreshvara’s Phaladipika Scripture.
9.) The Atharva-Veda, Yajur-Veda, Sama-Veda, and Rig-Veda Scriptures
C2.05: We declare that these nine key Scriptures
written over 1500 to 2500 years ago by famous Hindu, Buddhist and Yogic Sages
from
C2.06. In addition to the above nine core Scriptures, we also encourage the study and practice of the moral, religious and day-to-day teachings of the following texts and teacher’s works which are also part of our Holy Sutra Scriptures: Vriddhajivaka's Kashyapa Samhita Scripture, Madhava’s Nidana Roga Viniscaya, Sharngadhara’s Samhita, Bhava Mishra’s Bhavaprakasha, Jesus Christ’s New Testament, Lao Tsu’s Tao Te Ching, Confucius’s Book of Changes, Huang Di’s Nei Jing, the Hatha Yoga Pradipika, and the works and teachings of honored healing wise dharma teachers such as Mata Amritanandamayi Devi (Ammachi), J. Krishnamurti, Vasant Lad, Lapsang Rapgay, Yeshe Dhonden, Tsewang Tsarong, Kelsang Dorjee, Sunil Joshi, Terry Clifford, Patch Adams, Bhagwan Das, P.H. Kulkarni, P.T Ramnarayan Sharma, Prakash Paranjpe, Gyanendra Pandey, K.R. Srikantha Murty, V.B. Athavale, Damodar Joshi, Larry Dossey, Philippe Sionneau, Bob Flaws, Dan Bensky, Peter Holmes, Giovanni Maciocia, Henry C. Lu, Jake Fratkin, Charles Belanger, Daniel Reid, Michael Moore, Michael Tierra, Paul Pitchford, Candice Cantin Packard, and others.
C2.07: All Sutra Scriptures and Sacred Literature of the Ministry, Center, and Temple or any other books that propagate and reveal the Dharma (the Religious Scriptures and Teachings) exist for the purpose of causing people to encounter joy and avoid misery, to change from falseness and move toward truth, to recognize the original Self (The Divine Nature), and to move into a state of union with God.
C2.08:
a.) Although our Scriptures have been translated to English, in order to fathom their profound meaning in the original language, we encourage our congregation to study Sanskrit, Prakrit, Hindi, Pali, Tibetan, and Chinese languages, as some of our Initiates have done and continue to do.
b.) To this end, we declare
that our Ministry, Center, and Temple and its congregation and members
encourage and financially support our President (the Rector of the
Ministry) and duly and fairly selected Initiates in their continued study of
Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts and related sciences
(including Sanskrit, Tibetan and Chinese):
1. sacred site pilgrimages;
2. local USA-based study;
3. study abroad, and;
4. through inviting and sponsoring both secular and clerical
native-speaking Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts
practitioners and healers from abroad to come teach at our Ministry, Center, and
Temple as guest Initiates.
c.) To this end, we declare that it is our intent to develop a formal Missionary Exchange Program by working in concert with the United States Immigration and Naturalization Service (INS) and any foreign consulates or embassies to obtain visas both for our Initiates to travel abroad and Jyotisha, Ayurveda, Tibetan Medicine and Yoga practitioners and healers to obtain “missionary status” visas for exchange visits to come live at and be financially support by our Ministry, Center, and Temple.
C2.09: We observe and celebrate the following holidays and offer the following regularly scheduled educational, Minister Ordination Trainings, religious services, and retreats; additional educational, Minister Ordination Trainings, religious services, and retreats may be established by the President.
January: New Year’s Meditation Retreat.
February: Birth of Ganesha (February 16), Beginning of Lenten Fast.
March: Exalted Buddhist Saint Kwan Yin (Indian Avalokiteshvara) Great Compassion Bodhisattva’s Birthday – Prayer Mantra Recitation and Ceremony, Ides of March Divine Vision Anniversary, Spring Equinox Meditation.
April: Good Friday (Jesus Christ’s Samadhi Day), Easter Sunday (Jesus Christ’s Nirvana Enlightenment Day) Prayer Recitation.
May: Mother’s Day Prayer Recitation.
June: 5 Week Summer Intensive Initiate Sangha-Laity Training Ordination Program begins, Father’s Day Prayer Recitation, Summer Solstice Meditation.
July: Guru Purnima, Mantra Prayer for the Peace and Protection of the Nation
August: Graduation from our Foundation-Level, Intermediate-Level and Advanced-Level 12 Month Initiate Sangha-Laity Training Ordination Program
September: Foundation-Level, Intermediate-Level and Advanced-Level 12 Month Advanced Initiate Training Ordination Program begins and Autumnal Equinox Meditation.
October: Medicine Master Buddha’s Birthday Mantra Prayer Recitation and Ceremony
November: Dhanvantari Meditation, Advanced-Level 2
Month Study-Abroad Initiate Sangha-Laity Training Ordination Program /
December: Winter Solstice Meditation, Christmas Prayer Recitation.
C2.10: We declare that we believe that karma (actions
and thoughts made in this life and in past lives of earlier incarnations)
influence our health and well-being. Hence, we declare that the Initiates
of this Ministry, Center, and
C2.11:
a.) We declare that we believe in and recognize the Divine Spirit of the Universe (the Higher Self), for the Spirit makes things live or die, to suffer or to be healed. We believe in devotionally surrendering to God. In the Healing Arts traditions that we follow, a healer regards herbs and healing substances, ministrations, rituals, ceremonies, modalities, and regimens, as actual religious offerings to all medicine deities such as Sri Dhanvantari, Sri Ganesha and Sri Great Compassion. Sri Vaidya Charaka (one of the Healer-Saint-Sages of our spiritual tradition) affirms, "He who regards kindness to humanity as his supreme religion and treats his patients accordingly, succeeds best in achieving his aims of life and obtains the greatest pleasure."
b.) We declare that we believe that the sacerdotal or spiritual administration of, use of, growth of, harvest of, production of, procurement of, import of, export of, development of, refinement of, study of, formulation of, concoction of, decoction of, powdering of, tincture of, herbal wine of, tea-making of, capsulation of, ingestion of, smoking of, gift of, offering of, non-profit sale of, education on, or spiritual recommendation of (pastoral counseling) by our Initiates to any of our congregation and to others who freely seek our healing items, services and publications (or by our congregation members to each other or to others who seek our services) of any Chinese, Tibetan, Native American, Western, and Indian herbs, foods, oils, ghees (clarified herbal butter), vitamins, minerals, and enzymes as spiritual sattvic (“more pure than kosher”) food supplements (see the Food and Drug Administration’s [FDA] DSHEA Act [Dietary Supplement Health and Education Act ]) are an integral part of our ancient religious tenets, beliefs, doctrines and are hence, constitutionally protected religious tenets, beliefs, doctrines and practices. We declare that any governmental (federal, FDA, state, or local) or private attempts to seize, confiscate, appropriate, impound, or commandeer in any way the above declared herbs, foods, oils, ghees (clarified herbal butter), vitamins or minerals (which may be the property of the Ministry, Center, and Temple, its congregation, Initiates, or members) is in violation of our now declared First, Fourth, Sixth and Ninth Amendment Constitutional rights. We declare, all rights reserved without prejudice. We declare that any governmental (federal, FDA, state or local) or private attempts to monitor, restrict, regulate, police, standardize, enforce licensing of, illegalize, oppress, suppress, limit, curb, check or control the above declared utilization of such herbs, foods, oils, ghees (clarified herbal butter), vitamins or minerals is in violation of our now formally declared First, Fourth, Sixth and Ninth Amendment Constitutional rights. We declare, all rights reserved without prejudice.
c.) We declare that we believe that the sacerdotal or spiritual administration of, use of, growth of, harvest of, production of, procurement of, import of, export of, development of, refinement of, study of, formulation of, concoction of, decoction of, powdering of, tincture of, tea-making of, capsulation of, rendering of, gift of, offering of, non-profit sale of, education on, teaching of, or spiritual recommendation of (pastoral counseling) by our Initiates to any of our congregation and to others who freely seek our healing items, services and publications (or by our congregation members to each other or to others who seek our services) any gentle means of healing which may include but are not limited to spiritual use of ancient holy herbs (food supplements [see the FDA’s DSHEA Act] (see section C2.11.b. entitled: “Declaration of Belief in Divine Spirit and the Religiously Inspired and Divinely Directed Ministerial Path of our Initiates as a Constitutionally Protected Right”), aromas, healing foods, ancient spiritual practices (including but not limited to astrological upaya, yoga cikitsa, kayachikitsa, amaroli, bala-tantra , matr-roga, agada-tantra, bhuta-vidya, rasayana tantra, vajikarna tantra, darshana, sparshan, prasna, rugna patrakam, nadi pariksha, jhiva pariksha, mala pariksha, mutra pariksha, shabda pariksha, akriti pariksha, drig pariksha, chikitsa, rasayana, shodana, pancha karma, snehana, abhyanga, gandusha, karna purana, pada snehan, svedana, tapa svedan, upanaha swedan, ushma swedan, drava sweda, anagni sweda, nadi swedan, vamana, virechan, anuvasana basti, niruha basti, matra basti, nasya, rakta moksha, shamana, deepan, pachan, ksut nigraha, trut nigraha, atapa, chandra seva, anjana, dhumana, netra basti, shiro dhara, ratna chikitsa, asavaarista, Ghana sara, bhasma, aushadha ghrta, avaleha, vatika or bati, churna, kvatha, pastoral counseling, laying of the hands (based on Indian theories of foot, hand, ear, head reflexology, qi [chi] and meridian or srotas theories) along with anointing, color work, dhumana, turiya polarity, urine therapy, marma point pressure, reflexology, steam, mineral, and herbal baths, prayer practice, chanting practice, meditation practice, Yoga practice, astrological consultations, vastu shastra, spiritual journeys, channeling, ritual food consumption, Indian ghati yantra, Indian agni karma practice, Tai Qi practice, Qi Gong practice, and any other non-invasive, positive means of pastoral caring are an integral part of our ancient religious tenets, beliefs, doctrines, and practices and are hence, constitutionally protected religious tenets, beliefs, doctrines and practices. We declare, all rights reserved without prejudice.
d.) We declare that any governmental (federal, FDA, state, or local) or private attempts to seize, confiscate, appropriate, impound, or commandeer in any way the healing items, products, foods, herbs, oils, books, publications and literature, computers, software, programs, written, audio, visual or electronic computer documents, files, records, or any paraphernalia and equipment (which may be the property of the Ministry, Center and Temple, its congregation, Initiates, or members or of those who freely seek our healing items, services and publications) which may be required by us for any or all of the above declared gentle means of healing is in violation of our now declared First, Fourth, Sixth and Ninth Amendment Constitutional rights. We declare, all rights reserved without prejudice. We declare that any governmental (federal, FDA, state or local) or private attempts to monitor, restrict, regulate, police, standardize, enforce licensing of, illegalize, oppress, suppress, limit, curb, check or control any or all of the above declared gentle means of healing is in violation of our now declared First, Fourth, Sixth and Ninth Amendment Constitutional rights. We declare, all rights reserved without prejudice. See section C2.12.3.c. titled “Initiate’s Declaration of First, Fourth, Sixth and Ninth Amendment Constitutional Rights and Rights Conferred by Article I, Section X of the U.S. Constitution (Part of the Informed Consent and Full Disclosure Form)
e.) We believe that by the grace of the benevolence of Ganesha, and, the Divine Spirit, other medicine deities such as Sri Dhanvantari, Medicine Master Buddha and all of the Great Sage Healers, compassion and loving kindness is placed in the heart of our Initiates to help awaken the healing light within an individual. This healing light is the planting of the seeds of enlightenment.
a.) Each of the Initiates of this Ministry, Center, and Temple, as part of our religious tenets and beliefs, shall endeavor to ameliorate the troubles of the members of this congregation and the troubles of all of those who freely seek the healing items, services, and publications of this Ministry, Center and Temple by educating these persons in the ways of wholistic living and thinking. According to the Buddhist tantric yogi Nagarjuna Bodhisattva in his Sutra Scripture the Sushruta Samhita, “By knowing one discipline alone, one cannot arrive at an proper conclusions. Therefore, a healer should study other arts in order to arrive at correct action.”
b.) Hence, we declare that in striving to fulfill this above cited spiritual healing mission, each of the Initiates of this Ministry, Center, and Temple, as part of our religious tenets and beliefs, shall endeavor to teach, minister and implement the both the letter and spirit of the law of the ancient Holy Sutra Scriptures cited in the above sections.
c.) Hence, we declare that in striving to fulfill this above cited spiritual healing mission, each of the Initiates of this Ministry, Center, and Temple, as part of our religious tenets and beliefs, shall endeavor to teach, minister, implement and encourage the use of “gentle means for healing the body-mind-spirit from its afflictions and sufferings” in order to facilitate the possibility of attaining spiritual enlightenment, liberation, moksha.
d.) Hence, we declare that the Initiates of this Ministry, Center and Temple in fulfilling this religious mission may use any gentle means of healing which may include but are not limited to spiritual use of holy herbs (food supplements [see the FDA’s DSHEA Act] and those items listed in C2.11c which are an integral part of our ancient religious tenets, beliefs, doctrines and practices and are hence, constitutionally protected religious tenets, beliefs, doctrines and practices. We declare, all rights reserved without prejudice.
e.) Hence, we declare that each of the Initiates of this Ministry, Center, and Temple in fulfilling this religious mission claim their natural, God-given rights and constitutional rights as natural persons to perform their ministerial duties for this congregation and for those who freely seek the healing items, services (as described above) and publications of this Ministry, Center, and Temple as protected under the Article Amendment I and Article IX of the Constitution of the United States of America.
C2.13: We declare that the ancient tradition of
“laying of hands” or “laying on of hands” is not massage therapy. We
declare that in practicing under the auspices of the Ministry, Center, and
C2.14:
a.) We declare that our Ministry,
Center, and
b.) We declare that in following the exclusively religious tax-exempt non-profit purposes, duties, and actions of the Ministry, Center, and Temple, that the Ministry, Center, and Temple and its Initiates do not nor intend to “practice medicine”, nor are we “offering or undertaking to prescribe” or intending to prescribe “any drug or medicine” (herbal, vitamin or mineral food supplements are NOT medicine), “offering or undertaking to give”, dispense “or administer any dangerous drug or medicine, or undertaking to perform any operation or procedure.” We further declare that the Ministry, Center, and Temple and its Initiates are not “offering or undertaking” or intending “to diagnose,” to evaluate, to assess, to “correct or treat in any manner or by any means, methods, devices or instrumentalities any disease, illness, pain, wound, fracture, infirmity, deformity, defect or abnormal physical or mental condition of any person, nor are we acting as the representative or agent of any person in doing any of these things.” If a member of our congregation, or any person who freely seeks the healing items, services, and publications of this Ministry, Center and Temple desires to be diagnosed, corrected, treated or relieved of any disease, illness, pain, wound, fracture, infirmity, deformity, defect or abnormal physical or mental condition they should see a duly licensed physician such as a Medical Doctor (M.D.), or other licensed primary care provider (PCP) health professional such as a Doctor of Oriental Medicine (D.O.M.), a Licensed Acupuncturist (L.Ac.), a Doctor of Osteopathy (D.O.) or a Chiropractor (D.C.).
c.) The Ministry, Center, and
d.) We declare that all of these above listed practices of our Initiates and congregation are “the practice of religious tenets of our Church, it congregation and its ministers (Initiates) in the ministration to the sick or suffering by mental or spiritual means as provided by the law.”
C2.15:
a.) We declare that we are aware of the FDA’s definition of disease, which is “damage to an organ, part, structure, or system of the body such that it does not function properly (e.g., cardiovascular disease), or a state of health leading to such dysfunction (e.g., hypertension); except that diseases resulting from essential nutrient deficiencies (e.g., scurvy, pellagra) are not included in this definition.” Hence, we declare that our Initiate’s ministrations “do not diagnose, mitigate, treat, cure, or prevent disease” or illness or symptoms as defined by the FDA. We declare that our Initiate’s ministrations do not “augment a particular therapy or drug action that is intended to diagnose, mitigate, treat, cure, or prevent a disease or class of diseases”, illnesses, or symptoms, nor do we “treat, prevent, or mitigate adverse events associated with a therapy for a disease, if the adverse events constitute diseases.”
b.) We declare that discussing the body-mind-spirit complex’s structure and function according to the January 2000 FDA DSHEA guidelines, when the substance is a food or dietary supplement, serves to make the conversation between the Initiate and the person who seeks their ministrations clearly educational and removes any intent to prescribe for a particular disease or illness.
c.) We declare our support of the Food and Drug Administration’s DSHEA Act [Dietary Supplement Health and Education Act] where it supports our contention that herbs, herbal foods, herbal oils, herbal ghees (clarified herbal butter), vitamins, minerals, and enzymes are food supplements and not medicines or remedies.
d.) We declare our First Amendment Right to free public and private speech (written or oral) regarding the traditional uses of herbs, herbal foods, herbal oils, herbal ghees (clarified herbal butter), vitamins, minerals, and enzymes as described in the ancient Holy Sutra Scriptures and as taught by the Great Sage Healers. Hence, to this end, we hereby publicly state the following disclaimer in conjunction with all of our Initiates’ gentle means of healing which is ministered to all those who freely seek the healing items, services, and publications of this Ministry, Center, and Temple: “The evidence in support of this claim is inconclusive and this statement has not been evaluated by the Food and Drug Administration. This product or service is not intended to diagnose, treat, cure, or prevent any disease.” This declaration of our Ministry, Center, and Temple and its Initiates is based on our understanding of the precedent set by the successful “challenge before the U.S. Court of Appeals for the District of Columbia Circuit in Pearson v. Shalala, 164 F.3d 650 (D.C. Cir. 1999), ruled that the agency” (the FDA) “must permit health claims that do not satisfy the ‘significant scientific agreement’ standard as long as the claim can be rendered non-misleading by requiring a disclaimer. The Court examined possible disclaimers in some detail, and suggested that the FDA concerns regarding misleading information could, under many circumstances, be address by a disclaimer as simple as: ‘The evidence in support of this claim is inconclusive.’ The court also ruled that the FDA’s unwillingness to define ‘significant scientific agreement’ was a violation of the Administrative Procedures Act, in that the agency did not provide a clear standard that notified manufacturers of the FDA’s requirements, nor did it create a sufficiently clear standard upon which the FDA’s determinations could be reviewed. Comments on the proposed rule argued in light of Pearson that the FDA may not issue a final rule that prohibits disease claims but rather must choose the less restrictive alternative of permitting such claims, provided that they are accompanied with disclaimers.”
e.) We declare that the FDA
guidelines for labeling and claims for food supplements creates unnecessary
restrictions on both commercial and religious free speech. Our essential
argument and declaration is that the government can only restrict commercial
speech that is not false, deceptive, or misleading if the government shows that
the restriction directly advances a substantial state interest in a manner
narrowly tailored to serve that interest.
The FDA and any government or private organization or interest may not restrict
in any way, shape, or form the constitutionally protected religious tenets,
beliefs, speech and practices of our Ministry, Center, and
f.) We note that the American Medical Association (AMA) does not define as remedies diet regimens.
C2.16: We declare that these practices—(1) the counseling about or the teaching or demonstration of breath techniques; (2) the counseling or teaching about diet and nutrition; (3) the spiritual or lifestyle counseling of any individual or spiritual group, or the practice of religious tenets of any church; or (4) the providing of information about the general usage of herbal medicines, homeopathic medicines, vitamins, minerals, enzymes or glandular or nutritional supplements—of our Initiates and congregation are “spiritual or lifestyle counseling of any individual or spiritual group” and are also “the practice of religious tents of” our Church, it congregation and its ministers (Initiates).
C2.17:
a.) We declare that our Ministry,
Center and
b.) We note that the American Medical Association (AMA) does not define as remedies diet regimens.
C2.18: Hence, we declare that each of the Initiates of this Ministry, Center, and Temple in fulfilling the above-mentioned religious mission claim their natural, God-given rights and constitutional rights to perform their ministerial duties for this congregation and for those who freely seek the healing items, services, and publications of this Ministry, Center and Temple as protected under the Article Amendment IX of the Constitution of the United States of America which states: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the People.” These rights retained by our Ministry, Center, Temple and its’ Initiates and their clients (our congregation, members and any who publicly seek the herbal food supplement combos, healing items, education, advice, pastoral counseling, publications, and services of the Ministry, Center, and Temple and its Initiates) include, but are not limited to the following constitutionally protected rights:
The right to obtain an education from any institution or private school, including those who view are different from conventional practice of religion and healing.
The right to teach, minister, implement, and encourage the use of the above cited “gentle means for healing the body-mind-spirit from its afflictions and sufferings” (“the practice of religious tenets of this church in the ministration to the sick or suffering by mental or spiritual means as provided by the law”) in order to facilitate the possibility of attaining spiritual enlightenment, liberation, moksha without being required to obtain a license from any governmental authority and to do so in a manner consistent with the Initiate’s training and background.
The right
to provide to our congregation, members, and any anyone who publicly seeks them
for any benefit or purpose, our herbal food supplement combos, healing items,
education, advice, pastoral counseling, publications, and services, providing
that:
a.) The Ministry, Center, and Temple’s Initiates shall not
provide or minister any service that they are not qualified to provide based on
their experience and education;
b.) The Ministry, Center and Temple’s Initiates shall make
no false misrepresentation(s) about their education and training experience;
c.) The Ministry, Center, and Temple’s Initiates in
fulfilling our religious mission may minister any gentle means of healing which
may include but are not limited to spiritual use of holy herbs (food
supplements [see the FDA’s DSHEA Act]), all the modalities listed in C2.11c,
and any other non-invasive, positive means of pastoral caring. These are
an integral part of our ancient religious tenets, beliefs, doctrines and
practices and are hence, constitutionally protected religious tenets, beliefs,
doctrines and practices. We declare all rights reserved without
prejudice.
d.) The Ministry,
Center, and
e.) The Ministry,
Center, and
f.) Any person(s) seeking herbal food supplement combos, healing items, education, advice, pastoral counseling, publications, and services, shall be advised in a “Client Request and Authorization Form” to seek a second evaluation from a “Primary Care Provider” (PCP), such as a Medical Doctor (M.D.), or other licensed primary care provider (PCP) health professional such as a Doctor of Oriental Medicine (D.O.M.), a Licensed Acupuncturist (L.Ac.), a Doctor of Osteopathy (D.O.) or a Chiropractor (D.C.) or other licensed health professional, unless they have already done so.
The right to provide customer or member references upon request.
The right to use testimonials.
The right
to provide information on the intended traditional healing purposes and
benefits of any herbal food supplement combos, healing items, education,
advice, pastoral counseling, publications, and services. The health and
well being of the clients, congregation, and members of the Ministry, Center,
and
This
Ministry, Center and
This Ministry, Center and Temple and the Initiates and the congregation declares that it is aware that the Ninth Amendment provides one the right to offer services, a client has a right to protect his/her property (his/her body) by using the herbal food supplement combos, healing items, education, advice, pastoral counseling, publications, and services of the Ministry, Center, and Temple’s Initiates, and that the Ninth Amendment specifically reserves such rights to the people. That is, these rights may not be denied by any federal, FDA, state or local government statute such as a medical practice act or the Food and Drug Administration’s [FDA] DSHEA Act [Dietary Supplement Health and Education Act]. The understanding is that medical practice acts can regulate licensed medical doctors or other licensed practitioners. However, if one is not practicing medicine, but is practicing religion as protected under the First Amendment, one should not be subject to these laws.
This
Ministry, Center, and
The enumeration of the Initiate’s First, Fourth, Sixth, and Ninth Amendment Constitutional Rights, shall not be construed to deny or disparage other rights retained by the Center and Temple’s Initiates, or to amend this Declaration at any time. These rights, hereby declared and claimed, also include the Fourth Amendment (freedom from FDA or other governmental search and seizure without a warrant), the Sixth Amendment (right of due process and equal protection under the law). These rights, which are asserted for reasonable and good cause, are declared to be retained by the people under the First, Fourth, Sixth and the Ninth Amendment to the Constitution, all state and federal laws to the contrary notwithstanding. In any litigation brought by any party objecting to the rights declared herein, a jury, representing the people, shall have the right to modify, nullify, or expand upon the First, Fourth, Sixth and the Ninth Amendment rights claimed in this document.
Notice is hereby given to any person(s) who, acting under the color of the law, intentionally interferes with the free exercise of the rights retained by the Center and Temple’s Initiates under the First, Fourth, Sixth and Ninth Amendments, as enumerated in this Initiate’s Declaration of First Amendment Constitutional Rights (Section C2.14) and Initiate’s Declaration of First, Fourth, Sixth and Ninth Amendment Constitutional Rights (Section C2.15), that they may be in violation of the Initiate’s civil and constitutional rights, Title 42, U.S.C. 1983 et seq. and Title 18, Section 241.
We
acknowledge that rights must be claimed. They exist as potentials only, until
they are claimed. In court, and even in routine encounters with the
police and other authorities, if rights are not claimed, they are automatically
waived. This fact may be important in such situations for this Ministry,
Center, and
We acknowledge that having rights implies and requires responsible action.
How
to claim one’s rights is explained in UCC 1-207.4: Sufficiency of the
Reservation: “Any expression indicating an intention to reserve rights, is
sufficient, such as ‘without prejudice’.” “Without prejudice” means
that we do no not prejudice or waive any of our rights. We can and do
also say or write “all rights reserved.” When in involved with any direct
or indirect encounter with an authority of the government, or with any person,
this Ministry, Center, and
This declaration states that we and our Initiates reserve the right to offer herbal food supplement combos, healing items, education, advice, pastoral counseling, publications, and services under the First Amendment and the Ninth Amendment to the United States Constitution This right implies regular public access to ministration by the Ministry, Center and Temple’s Initiates, who in fu