Consultations are held at
Elephant
Pharmacy at 1607 Shattuck Avenue at Cedar (7 blocks north of University
Avenue) - 8 blocks walk from the
Downtown Berkeley Shattuck BART station), Berkeley, California 94709
Director:
Michael (Losang) Reid Kreuzer (Michael (Losang) Reid Kreuzer),
D.Ayur,
Ph.D Buddhist Ayurveda (1)
510-292-6696
Call to Book Appointment
www.Ayurveda-Berkeley.com
Please CALL US,
no e-mail available.
The Medicine Buddha Healing Center, the Ayurveda Healing Arts Institute, Vipashina Buddha College, the Dhanvantari Ayurveda Center, Trayam Ministry, Sai Ayurveda, and the San Francisco Ayurveda Center are all non profit 501(c) religious organizations which practice Buddhist and Vedic Ayurveda, the Tibetan and Chinese healing arts, Yoga, and Jyotish as part of our deeply held religious beliefs. Below is a copy of Medicine Buddha Healing Center's founding Articles of Association and Organization (Creed and Constitution) available for public inspection. We provide these Articles of Association and Organization online in a publicly available form for two reasons: 1. As a 501(c)3 we make them available to the public. 2. We wish to offer these Articles of Association as a template for all healers who consider their healing practice to be their constitutionally protected religion and religious practice and wish to establish a Church for the purpose of more formally and publicly declaring their constitutional rights.
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 Medicine Buddha Healing Center / Ayurveda Healing Arts Institute. Below are only excepts.
Homage to Lord Dhanwanthari - Master Ayurvedic Healer - God of Medicine. OM DHANVANTARAYE NAMAHA
1st Revision, adopted, accepted and ratified by the Founding Board of Directors on August 6, 2002.
Medicine Buddha Healing Center
Medicine Buddha Healing Center
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 Medicine Buddha 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[1], 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
Medicine Buddha 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 Medicine Buddha Healing Center:
Non-Involvement in Political Activity:
Information Provided to Donors:
Public Inspection of Exemption Applications:
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 “Medicine Buddha Healing Center.” Additional formal legal names shall also lawfully refer to this Non-Incorporated Non-Profit Association as “Dhanvantari Ayurveda Ministry, Medicine Buddha 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 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 Academy, Dhanvantari Ayurveda, Dhanvantari Spiritual Journeys” are not “integrated auxiliaries,” nor a “related organizations,” nor “separate legal entities” of Dhanvantari Ayurveda Ministry, Medicine Buddha 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 Ayurveda, and Dhanvantari Spiritual Journeys are simply additional legal names for the Association called Medicine Buddha Healing Center.
C1.02: For the purpose of these Articles of Association and Organization and any future By-laws or Amendments, “Medicine Buddha Healing Center” also legally referred to as “Dhanvantari Ayurveda Ministry, Medicine Buddha 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 Temple shall be a Non-Incorporated Non-Profit Association.
C1.04: This Ministry, Center and Temple is organized and publicly operated[2] exclusively[3] for non-profit religious purposes[4] 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 Temple and its founding congregation) declares and legally claims the following (which shall be described in detail later in the rest of these Articles of Association and Organization):
a.) A distinct legal existence: We are a formal legal entity called a Non-Incorporated Non-Profit Association[5].
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 Temple.
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 Temple to promote its religious philosophy solely without regard to the philosophic or religious tenets and beliefs of those who seek its service. To do so would violate the compassionate and inclusive tenets of Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts. Hence, our Ministry, Center, and Temple are open to adherents of any spiritual tradition or of no particular tradition at all.
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 Temple.
k.) Regular congregations: Our Ministry, Center, and Temple publish our regular congregational worship schedule via routine distribution of flyers, advertisements, and via electronic mail or our website. This ensures a regular congregation of worshipers and spiritual practitioners.
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 Temple:
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[6] 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 Temple) is perpetual.
C1.07: The address of the Non-Incorporated Non-Profit Association's initial
registered office is Berkeley, California 94703. The IRS EIN ______-_________________________ (Employer Identification Number)
Notification Form address[7]
is listed as Berkeley, California 94703 since this is the Ministry’s, Center’s,
and Temple’s initial founding address of the President of the Association and
the registered agent at this address is Rev. Michael (Losang) Reid Kreuzer, a Buddhist
postulant to the Anagarika novice monkhood.
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. Jenny Stalings President and
Swami Member
e-mail:
Not Available
Telephone: 510-292-6696
_____________________________________________ Date: ___________________
Founding Secretary: Rev. Michael (Losang) Reid Kreuzer Secretary and Initiate
Member
e-mail:
Not Available
Telephone: 510-292-6696
_____________________________________________ Date: ___________________
Founding Treasurer: Rev. Jill Potratz Treasurer and
Initiate Member
e-mail:
Not Available
_____________________________________________ Date: ___________________
The names and addresses of the founders and initial congregation members of the Non Incorporated Non-Profit Association are as follows:
Rev.
Jenny Stalings Founding President and Swami Member
e-mail:
Not Available
Telephone: Not Available
Rev. Michael (Losang) Reid Kreuzer Founding Secretary and
Swami Member
e-mail:
Not Available
Telephone: 510-292-6696
Jill
Potratz Founding Treasurer and
Initiate Member
e-mail:
Not Available
Telephone: Not Available
C1.09: The “Association Seal” (similar to a Corporate Seal) of the Non-Incorporated Non-Profit Association shall have inscribed thereon the name: “Medicine Buddha Healing Center”
As part of our rights protected under the Articles of the Constitution of the United States of America, we hereby declare the following formal religious tenets and beliefs and practices.
C2.01: Our Ministry, Center, and Temple declares that it believes that all the created universe is an aspect of the One God. We also believe in our separate yet connected manifestations of the One God: Ganesha and the Ascended Masters including the compassionate Kwan Yin (Indian Avalokiteshvara Bodhisattva) as well as Patanjali, Dhanvantari, Medicine Master Buddha and Mata Amritanandamayi Devi (Ammachi).
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 India form the unique heart of the religious teachings and practices of our Ministry, Center, and Temple. As part of our Ministry, Center, and Temple, we encourage people to read, chant, study, meditate on, and practice these nine great Scriptures. Using these nine great Scriptures as our core teachings, we formally prepare Initiates for ministerial service to our congregation and to support the Dharma (Hindu and Yogic Scriptures and Teachings) and the Sangha (the lay and religious practitioners).
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, Jinpa Moore, Jinpa 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 / India Sacred Site Pilgrimage.
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 Temple teach that each person is responsible for their health and well being and that the choices they make each day will affect their health, inner peace, and spiritual enlightenment. We further acknowledge that all ill health is further affected by our food and drink, our daily conduct (vihara in Sanskrit), the time or season, and by toxic, evil or malevolent matter, energies, spirits (bhutas in Sanskrit). All of these factors cause vitiation, accumulation, aggravation, spreading, deposition, manifestation, and differentiation of the three humors (doshas in Sanskrit) into the body-mind-spirit complex’s tissues.
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 Medicine Buddha. 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."[8]
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 ][9]) 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[10], 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[11]. 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.”[12]
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[13] 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 Temple the ancient spiritual tradition of “laying of hands” that the Ministry, Center and Temple and its Initiates are not offering massage therapy, which is the treatment of soft tissues for therapeutic purposes, primarily for comfort and relief of pain. Massage therapy is a licensed health care, “laying of hands” is not. Although our Initiates may occasionally use effleurage, petrissage, tapotement, compression, vibration, friction, nerve strokes, and gymnastics, and may include the use of oils, salt, hot or cold packs, and water, we declare that our occasional usage of such means during “laying of hands” sacraments and services are not in any way, shape or form to be construed to mean we practice massage therapy, a licensed professional discipline in some locations of the USA. When such techniques may be used by our Initiates, they are for the exorcism and elimination of malevolent, evil, and toxic substances, energies, and spirits (ama, bhuta, unmad, dushtagraha, sarpagraha and visha in Sanskrit) from the body-mind-soul-consciousness complex through the combined use of the chanting of Sanskrit, Pali, Hindi, Tibetan, English or Chinese mantras (prayers) while using the “laying of hands” to transmit such energies deep into the individual’s body-mind-soul-consciousness complex. We note that the American Medical Association (AMA) does not define as remedies steam and mineral baths, sunbathing, and exercise.
C2.14:
a.) We declare that our Ministry, Center, and Temple and its Initiates do not practice medicine under the auspices of the Ministry, Center, and Temple. This declaration does not however, preclude licensed health professionals, who also happen to be Initiates of the Ministry, Center, and Temple from practicing medicine or licensed health care professions independent from the Ministry, Center, and Temple if they are licensed by the State.
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 Temple’s Initiates declare that they do not recommend medical or other therapies, but that they do help to remove factors which prevent the body-mind-spirit complex from being healthy. The Ministry, Center, and Temple’s Initiates declare that they do not treat disease or symptoms, instead they give pastoral counseling and advice for promoting the body-mind-spirit complex’s natural health potential. The Ministry, Center and Temple’s Initiates declare that they do not give medicines or remedies, but they do teach right perspectives on lifestyle and healthy spiritual habits while recommending, suggesting, advising, and offering options to reestablish balance. Our Initiates work with those who freely seek the healing items, services, and publications of this Ministry, Center, and Temple to help spiritually handle, work with, ameliorate, balance, normalize, rectify, tweak, and put right the body-mind-spirit complex’s natural processes and life stages (childhood, adolescence, adulthood, the menstrual cycle, menopause, mid-life, aging, and others) in order to facilitate the possibility of attaining spiritual enlightenment, liberation, moksha.
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.”[14] 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.”[15]
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.”[16]
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.[17] 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 Temple; its congregation; or its Initiates in performance of its spiritual and religious functions, practices, and duties. We declare that all words written by and speech spoken by our Initiates in the performance of their ministerial duties to be religious constitutionally protected speech and writings.
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 Temple and its Initiates do not practice “nutrition” or “dietetics” under the auspices of the Ministry, Center, and Temple. This declaration does not however, preclude licensed health professionals, who also happen to be Initiates of the Ministry, Center, and Temple from practicing nutrition or dietetics or licensed health care professions independent from the Ministry, Center and Temple if they are licensed by the State. 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 neither practice “nutrition” or “dietetics,” nor act as “nutritionists” or “dieticians.”
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”[19]) 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 Temple’s Initiates in fulfilling our religious mission shall make no intentionally exaggerated, false, or misleading claims for any of these gentle, non-invasive, positive means of caring that they recommend or provide, that are part of the religious tradition as described in the ancient Holy Sutra Scriptures cited above.
e.) The Ministry, Center, and Temple’s Initiates shall inform any one(s) to whom they provide or recommend items and services when the advice or schedule is experimental;
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 Temple (and of all living beings for that matter) shall be the Initiate’s concern.
This Ministry, Center and Temple’s Initiate’s rights conferred by Article I, Section X of the United States Constitution, which states: “No state shall…pass any bill…or law impairing the obligation of contracts…”. Hence, the Ministry, Center and Temple’s Initiates claim a constitutional right to earn a living as a Minister (Initiate), to help others protect their property (their bodies) by consulting with the Initiates, and the right to contract freely.
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 Temple and the Initiates and the congregation declare that it is aware that the validity of the ministry status has been upheld all the way to the Supreme Court of the United States. We declare that the Ministry, Center, and Temple and its ministers (the Initiates) are protected by claiming our God-given rights as natural persons under the First Amendment of the Constitution which states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the Government for a redress of grievances.”
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 Temple. It is stated as follows in the Uniform Commercial Code (UCC 1-207.9): “When a waivable right or claim is involved, the failure to make a reservation thereof, causes a loss of the right, and bars its assertion at a later date.” Hence, we claim all rights reserved without prejudice.
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 Temple, and its Initiates do hereby declare “All rights reserved without prejudice.” The First and Ninth Amendment declarations above, 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), follows this line of legal reasoning.
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 fulfilling our religious mission may any gentle means of healing.
C2.19:
a.) We declare that each of the Initiates of this Ministry, Center and Temple in fulfilling the above-mentioned religious mission are acting in accordance to a higher law than the law of man. Recourse to a higher law is not evasion of the law. Biblical and religious principals are still the basis for our United States legal system.
b.) We acknowledge, sacramentally take refuge with, and put our trust in the Dharma (Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts Scriptures and Teachings), and the Sangha (the lay and religious practitioners). We teach that a member of the Non-profit church called Medicine Buddha Healing Center must to the best of his understanding and abilities follow the yamas and niyamas of Yoga, which are ahimsa, satya, asteya, brahmacarya, aparigraha, shauca, santosha, tapah, svadhyaya, ishvara pranidhana.
c.) One of our founding Initiates, the Rev. Jenny Stalings, formally and ritually received the ancient ordination from Medicine Buddha Healing Ministry (Medicine Buddha Healing Center) on August 1, 2002.
d.) In the spirit of Charaka we require that all of the Ministry, Center, and Temple’s activities, herbal food supplement combos, healing items, education, advice pastoral counseling, publications, and services be offered for a suggested charitable contribution with a sliding scale based on financial need. We do not charge a fee for our regimens, modalities, and services but insist that our congregation, members, and any living being who seeks what we offer may make a contribution to our Ministry, Center, and Temple in accordance with their inclinations and capacities.
e.) We require that all of the Ministry, Center and Temple’s activities be carried on with a pure intent, with high integrity, by treating all living beings and the earth with kindness, equanimity and consideration, and by using common sense.
C2.20: We encourage each person to respect the Earth, for she is the manifestation of the Divine. Each of our actions on the Earth shall be taken with a sense of mindfulness to the environment and to the well being of others. We are against the use of violence and war as these create great suffering for all Life. Hence, we declare and claim the right Dhanvantari Ayurveda Ministry Initiates are pacifists exempt from military service on religious grounds and are long-standing avowed Conscientious Objectors[20] morally opposed to killing or harming any living being.
C2.21:
a.) As part of our religious tenets and beliefs, we believe that the use of drugs, whether recreational or medicinal, will eventually lead to the disintegration of the body-mind-spirit complex, thus we discourage their use.
b.) If the use of a particular pharmaceutical is used for a life threatening situation, then this may be supported but with caution as to its side effects to the body-mind-soul.
c.) In no case does the Ministry, Center, and Temple or its Initiates suggest that our congregation, members, or those who seek our services stop taking medications duly prescribed by a licensed physician such as a Medical Doctor (M.D.) or a Doctor of Oriental Medicine (D.O.M.) without first consulting with that Primary Care Provider (PCP). With the dedicated, regular use that we religiously advocate of the “gentle means for healing the body-mind-spirit from its afflictions and sufferings, a time may come when the medication prescribed by a Primary Care Provider may no longer be necessary, but such a matter must always be decided by the person by consulting with his/her licensed Primary Care Provider and not on the basis of our Pastoral Counseling.
C2.22 As tantra is a part of yoga and since Native American (as well as other native) healing techniques and paradigms such as shamanism are extremely similar to aspects of tantric yoga, our members may utilize Native American healing techniques including but not limited to sweat lodges, vision quests, native rites of initiations, and the possession and use of feathers and other empowered tools.
C2.23 Our Ministry, Center and Temple and its Initiates, congregation, and members accepts The Declaration of Faith as a true statement of our natural, God-given and constitutionally protected religious belief and practices.
C3.01: Our Ministry, Center, and Temple declares that our Non-Incorporated Non-Profit Association and congregation exist both as an inclusive fellowship and a local congregation gathered for worship and religious service. Congregations find their fulfillment in the universal community of our Ministry, Center, and Temple and our Ministry, Center and Temple exist in and through congregations. Our Ministry, Center and Temple, therefore, derives its character and powers both from the sanction and representation of its congregations and from its inherent nature as an expression of the broader fellowship of the members. In length, it acknowledges itself to be the historic continuity of the ancient gathering of the disciples; in breadth, it expresses the fellowship of believers and congregations in our day.
C3.02: Our Ministry, Center and Temple and its Initiates, congregation, and members declare that the Non-profit Church Dhanvantari Ministries is organized and publicly operated exclusively for the following religious purposes elaborated in these Articles of Association and Organization and according to the section 501(c)(3) of the Internal Revenue Code of the United States of America, or the corresponding provisions of any subsequent law.
C3.03: Any school, journey, consultation, restaurant, café, center, class, ashram, library, bookstore, retreat, or herb manufacture or sale operated Medicine Buddha Healing Center shall not be organized as a “separate legal entity,” nor as an “integrated auxiliary,” nor as a “related organization.” A school, journey, consultation, restaurant, café, center, class, library, ashram, bookstore, retreat, or herb manufacture or sale operated by Medicine Buddha Healing Center shall be an intrinsic part of the Church itself and shall also, hence, be subject to the “special limitations on how and when the IRS may conduct civil tax inquires and examinations of churches” (the so-called ‘church tax inquiry’).
C4.01: To fulfill our purposes, our Ministry, Center and Temple shall in a sagely manner:
a.) Provide services of worship at which the Dharma (Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts Scriptures and Teachings) are proclaimed and the Sacraments are bestowed;
b.) Provide pastoral care (via the ministering of our Initiates) and assist all members to participate in this service;
c.) Challenge, equip, and support all members in carrying out their calling in their daily lives and in the congregation;
d.) Teach the Dharma (Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts Scriptures and Teachings);
e.) Attest to the truth of the Dharma (Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts Scriptures and Teachings) to all who come to learn and practice;
f.) Compassionately, ethically, knowledgeably, and skillfully respond to human need for healing, work for justice and peace, care for the sick and suffering, and participate responsibly and morally in society;
g.) Motivate its members to provide financial support for the congregation’s Ministry, Center, and Temple and the ministry of other parts of the Sangha (the lay and religious practitioners of Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts) throughout the world;
h.) Maintain and develop the facilities of the Medicine Buddha Healing Center;
i.) Foster and participate in interdependent relationships with other ministries, Dharma centers, temples, monasteries, nunneries, and other healing centers and temples throughout the world;
j.) Foster and participate in ecumenical relationships consistent with Ministry, Center, and Temple wide policy;
k.) Supervise and inspect (with the assistance of the congregation, the Initiates, the members of the Board of Directors, or any appropriate volunteers) the preparation of food products prepared not-for-profit to ensure that they satisfy the sattvic pure[21] (more pure than kosher) and vegetarian dietary rules of our religion to comply with our tenets and dictates;[22] and,
l.) Create and operate a supervised facility called Dhanvantari Ayurvedic Yoga, Dhanvantari Press, Dhanvantari Publishing, or Dhanvantari Yoga, where yoga will be taught to its members.
m.) Create and operate a supervised facility called Dhanvantari Ayurveda, where Ayurvedic Consultations will take place, pancha karma will be performed, and other healing modalities (sacraments) practiced;
n.) Create and operate a supervised facility called Dhanvantari Academy or some similar name indicative of a school, where Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts will be taught to children and/or adults in an academic setting.
o.) Create and operate a supervised facility called Dhanvantari Retreat Center, where Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts will be practiced by its members away from the distractions of society;
p.) Create a formal Missionary Exchange Program.
q.) Make use of for our congregation members, for research and non-profit educational and religious purposes only various appropriate copyrighted works. Such copyrighted works are either reprinted with permission as noted or are quoted, paraphrased, or excerpted and made available under the "fair use" provision (17 USC §107) of the U.S. Copyright Act for these research and non-profit educational and religious purposes only. These materials will be made available on our website or in printed form for use by our congregation members.
C4.02: Our Ministry, Center and Temple may develop an organizational structure to be described in any future By-laws in addition to the structure described in these Articles of Association and Organization.
C4.03: To fulfill these religious purposes, our Ministry, Center and Temple shall, from time to time, adopt a policy statement that will provide specific direction for its programs.
C5.01: The powers of this Ministry, Center and Temple are those necessary to fulfill its religious purpose.
C5.02: The powers of this Ministry, Center and Temple are vested in the Board of Directors and the President as provided in the Articles of Association and Organization and in any future By-laws.
C5.03: The congregation is authorized to:
a.) Terminate the services of a Initiate with due process and subject to approval of the Board of Directors;
b.) Appoint or terminate the appointment of associates in Ministry in conformity with the applicable policy of the Ministry, Center and Temple;
c.) Accept absolutely or in trust for any of the purposes herein set out, any gift, grant, or devise of any real or personal property; acquire real and personal property by gift, devise, purchase, or other lawful means, and administer funds and property which, after the payment of necessary expenses, shall be devoted exclusively to the religious charitable, religious educational and religious literary purposes;
d.) Buy, sell, lease, mortgage or otherwise encumber, hold or dispose of both real or personal property of the Ministry, Center and Temple; hold title to and use its property for any and all activities consistent with its purpose;
e.) Sell, mortgage, lease, transfer, or otherwise dispose of its property by any lawful means;
f.) Terminate its relationship with any other organization that it may become affiliated with as provided in Chapter 6;
g.) To support, proselytize, publish, research and teach the religious arts, sciences and concepts of Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts;
h.) Establish and maintain places of worship;
i.) Establish Ministries, Centers, and Temples in other states of the United States, and in other countries of the world;
j.) Establish, maintain, and conduct schools of Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts instruction for children and adults that teach these principles;
k.) Provide course of religious instruction which shall prepare members and qualify them to be duly ordained Initiates (ministers);
l.) Charter other Ministries, Centers and Temples;
m.)
Financially support our President (the Rector of the Ministry)
and duly and fairly selected Initiates in their continued study of Ayurveda,
Yoga, and Jyotisha and their related sciences through:
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;
n.) Financially support our President (the Rector of the Ministry) with a Parsonage not to exceed $150,000 per annum.
o.) Develop a formal Missionary Exchange Program by working in concert with the United States Immigration and Naturalization Service (INS) to obtain visas both for our Initiates to travel to Asia and for native-Asian secular and clerical Hindu or Buddhist 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;
p.) Exercise any, all and every power to which an establishment of religion is entitled under the constitutional protections of the First, Fourth, Sixth and Ninth Amendment of the United States Constitution; and
q.) Carry on all other such activities not limited by section 501(c)(3) of the Internal Revenue Code of the United States of America, or the corresponding provisions of any subsequent law.
C5.04: We, the Ministry, Center and Temple and the Initiates and the congregation now formally declare our support of and explicitly declare the approval for this Non-Incorporated Non-Profit Association, managed by its Officers and Board of Directors, to be authorized to retain the powers, claim all its rights reserved without prejudice and perform the tasks and actions granted above to the congregation (see section C5.03.). In addition, we authorize this Non-Incorporated Non-Profit Association to:
a.) To establish Centers, Temples, and Schools for training and education in Jyotisha, Yoga, and Ayurveda including ordination as an Initiate;
b.) To teach the ancient arts of management and prevention of disharmony of the body-mind-spirit complex combining religious and health education with the customs and beliefs of common people;
c.) To create a quality egalitarian religious and educational environment for the congregation of members, Initiates, students, staff, and teachers with proper materials and facilities;
d.) To promote the sharing of knowledge, techniques, and skills among all healing practitioners of the world’s major religions and philosophical and scientific or secular belief systems for the creation of responsible individuals and the furtherance of well-being and health of all living beings;
e.) To establish Healing Centers and Temples for community services;
f.) To organize journeys and retreats for religious learning and experience;
g.) To establish restaurants or cafés whereby individuals may learn about Ayurveda and Ayurvedic cooking;
h.) To establish gardens, orchards, arboreta where herbs and food may be grown;
i.) To establish retreats where individuals may seek refuge from modern life;
j.) To make available herbs and treatments which support health;
k.) To collaborate with religious, secular, and professional organizations, community programs, and other compatible institutions that will further our accomplishments and the carrying on of our purposes herein set forth;
l.) To build purchase, rent, or lease meeting places, centers, temples, libraries, schools, hospices, parsonages (rectories), monasteries, nunneries, and other buildings, single or in complexes, for the furtherance of the Non-Incorporated Non-Profit Association’s purposes stated herein;
m.) To compile, print, publish, or have published leaflets, pamphlets, periodicals, lessons, books; make records, CD’s, audio tapes and press or have pressed, recordings and other reproductions, including learning aids for the disabled, make motion pictures, videos, and television productions as may be beneficial for the spiritual education and illumination of all concerned;
n.) To be sponsored by individuals, associations, foundations, companies, and corporations (for profit and not-for-profit) for operating funds;
o.) To issue certificates and/or franchises permitting the extension of our educational methods, copyrights, and patents;
p.) To do everything necessary, suitable, convenient or proper for the accomplishment, attainment, or furtherance of, to do every other act or thing incidental or appurtenant to, growing our, or connected with the purposes set forth herein, whether alone or in association with others; to possess all the rights, powers and privileges now or hereafter conferred by the laws of the United States or any statute which may be enacted to supplement or replace them, and in general, to carry on any of the activities and to do any of the things herein set forth to the same extent and as fully as a natural person or a partnership, association, corporation or other entity, or any of them, might or could do; provided, that nothing herein set forth shall be construed as authorizing the Non-Incorporated Non-Profit Association to posses any purpose, object, or power, or to do any act or things, forbidden by law to a Non-Incorporated Non-Profit Association organized under the laws of the United States.
q.) Exercise any, all, and every power to which an establishment of religion is entitled under the constitutional protections of the First Amendment and the Fourth, Sixth and Ninth Amendments of the United States Constitution; and
r.) Carry on all other such activities not limited by section 501(c)(3) of the Internal Revenue Code of the United States of America, or the corresponding provisions of any subsequent law.
C6.01: This Ministry, Center and Temple is not directly affiliated with an organized religion (Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts are not organized religions in the Catholic or “Western” sense) nor is it the intent of the Ministry to promote its philosophy solely without regard to the philosophic or religious tenets and beliefs of those who seek its service.
C6.02: This Ministry, Center and Temple may terminate and dissolve this legal Non-Incorporated Non-Profit Association as follows:
a.) A unanimous vote of the Board of Directors.
C7.01: Upon winding up and dissolution[23] of this Ministry, Center, and Temple, (Non-Incorporated Non-Profit Association), the Board or Officers shall after paying or adequately providing for and making provisions for the payment of all liabilities, debts, and obligations of the Non-Incorporated Non-Profit Association, the remaining assets shall be disposed of by distributing them for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code (or corresponding section or provision of any future United States Internal Revenue Law) to a Non-Profit, Non-Incorporated Association, non-profit fund, foundation, or corporation which is organized and publicly operated exclusively for charitable, educational, religious, and/or scientific purposes and which has established its tax except status under section 501(c)(3) of the Internal Revenue Code,[24] as the Board or Directors shall determine. Any of such assets not so disposed of shall be disposed of by the District Court of the county in which the principal office of the Non-Incorporated Non-Profit Association is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.
C7.02: The non-profit Church called Medicine Buddha Healing Center, being a tax exempt 501(c)(3), receives contributions and donations. If Medicine Buddha Healing Center receives a contribution of charitable deduction property (other than money or publicly traded securities) and sells, exchanges or otherwise disposes of the property within 2 years after its receipt, then we must file IRS Form 8282, Donee Information Return (Sale, Exchange or Other Disposition of Donated Property). It must be filed within 125 days after the disposition. A copy of Form 8282 is to be given to the donor. Penalties apply if we do not file the return. The donor must get a qualified appraisal for contributions of property if the claimed value of which is more than $5,000. We are not a qualified appraiser.
C7.03: Following the Internal Revenue Code 501(c)(3), no part of our Ministry, Center, and Temple’s net earnings will inure to the benefit of private shareholders or individuals. We state and show proof via these Articles of Association and Organization, any future By-laws, and the other attached documents that our Ministry, Center, and Temple will not be organized or operated for the benefit of private interests, such as the creators’ / founders’ families, other designated individuals, or persons controlled directly or indirectly by such private interests.[25] Instead, such contributions must be offered to the Temple as a whole, not for the personal benefit of one individual. Again, we, the Ministry, Center and Temple and the Initiates and the congregation now formally declare that no part of the net earnings of the Non-Incorporated Non-Profit Association shall inure to the benefit, or be distributed to, its members, trustees, directors, officers, or their private persons, except that the Non-Incorporated Non-Profit Association shall be authorized and empowered to pay reasonable compensation for services rendered or in return for the payment of fair market value and to make payments and distributions in furtherance of the purposes set forth in these Articles mentioned herein in these Articles of Association and Organization. The Non-Incorporated Non-Profit Association shall carry on only those activities allowed under applicable provisions of the Internal Revenue Code. The Non-Incorporated Non-Profit Association shall be empowered to issue notes in exchange for goods and services received. Such goods and services shall not be “unrelated business income”.
C7.04: Hence following the law of the United States Internal Revenue code, this Ministry, Center, and Temple does not contemplate pecuniary gain or profit to the members thereof and is organized strictly for non-profit religious purposes.
This Non-Incorporated Non-Profit Association is organized exclusively for charitable religious purposes within the meaning of section 501(c)(3) of the Internal Revenue Code.
C7.05: The non-profit Church called Medicine Buddha Healing Center, being a tax exempt 501(c)(3), dedicates our Non-Incorporated Non-Profit Association’s assets to our religious exempt purpose by this express provision in our governing instrument (these Articles of Association and Organization).
C8.01: Members of this congregation shall be those consecrated or initiated persons on the roll of the congregation at the time these Articles of Association and Organization are adopted and those who are admitted thereafter and who have declared and maintain their membership in accordance with the provisions of these Articles of Association and Organization and any future By-laws.
C8.02: Members shall be classified as follows:
a.) Neophyte members - are those persons who have verbally taken Refuge with and put their trust in either God or the Buddha, the Dharma (Ayurveda, Yoga, Jyotisha, Vedanta or Chinese Healing Arts Scriptures and Teachings), and the Sangha (the lay and religious practitioners). Neophyte members have no rights to vote in matters of the Board unless they are a member of the Board of Directors and have no rights to vote in the operation of the Church (Non-Incorporated Non-Profit). Association. Neophyte members may have certain privileges, duties, and benefits of membership, which may be determined by the Board of Directors or the President from time to time.
b.) Initiates (Ministers, Reverends, Pastoral Counselors, or Practitioners and their Formal Titles) - are consecrated and ordained persons who have formally taken Refuge with either God or the Buddha, the Dharma, and the Sangha, and who have also developed a proficiency in one or more of the following: Ayurveda, Yoga, Jyotisha, Vedanta and/or Chinese Healing Arts. Based on their level of training, Initiates may publicly and in advertisements or other materials refer to themselves as “Minister”, “Reverend”, “Pastoral Counselor”, “Practitioner”, “Clinical[26] Yoga Specialist” (“C.Y.S.”), “Clinical Massage Therapist” (“C.M.T.”), “Clinical Jyotish Specialist” (“C.J.S.”), “Clinical Herbalist” (“C.H.”), “Clinical Herbalist Specialist” (“C.H.S.”), “Master Herbalist” (“M.H.”), “Diplomate of Ayurveda” (“D.Ayur”), “Diplomate of Yoga” (“D.Yoga”), “Diplomate of Jyotish” (“D.Jyo”), “Diplomate of Herbology” (“D.Herb”), “Diplomate of Traditional Chinese Medicine” (“D.TCM”), “Diplomate of Acupressure” (“D.Acu) of Medicine Buddha Healing Center. The word “Certified” or “Ordained” may be used publicly and in advertisements or other materials before any of the above titles of monikers if the Initiate has formally received a Certificate from the Medicine Buddha Healing Center. Initiates have no rights to vote in matters of the Board unless they are a member of the Board of Directors and have no rights to vote in the operation of the Church (Non-Incorporated Non-Profit Association). Initiates may have certain privileges, duties, and benefits of membership, which may be determined by the Board of Directors or the President.
c.) Acarya members - are Initiates who have attended a Medicine Buddha Healing Center Empowerment Ceremony and have developed a proficiency in two of the following: Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts. Acarya Members have no rights to vote in matters of the Board unless they are a member of the Board of Directors and have no rights to vote in the operation of the Church (Non-Incorporated Non-Profit Association) except where specified in these Articles of Association and Organization or any future By-laws. Acarya members may have certain privileges, duties, and benefits of membership, which may be determined by the Board of Directors or the President.
d.) Swami members - are Initiates who have attended a Medicine Buddha Healing Center Empowerment Ceremony and have developed a proficiency in all of the following: Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts. Swami Members have no rights to vote in matters of the Board unless they are a member of the Board of Directors and have no rights to vote in the operation of the Church (Non-Incorporated Non-Profit Association) except where specified in these Articles of Association and Organization or any future By-laws. Swami members may have certain privileges, duties, and benefits of membership, which may be determined by the Board of Directors or the President.
e.) Associate members - are persons who have not taken Refuge but who desire to participate in the life and mission of the congregation. Associate members have no voting rights and no eligibility for elected offices or for membership on the Council of Initiates of this congregation. Associate members have no rights to vote in matters of the Board and have no rights to vote in the operation of the Church (Non-Incorporated Non-Profit Association). Associate members may have certain privileges, duties, and benefits of membership, which may be determined by the Board of Directors or the President.
f.) The membership dues (if any - currently none as of the signing of these Articles of Association and Organization) and certain privileges, duties and benefits of membership may be determined by the Board of Directors or the President.
C8.03: We declare and claim that it shall be the privilege, duty and constitutionally protected right of members of this Ministry, Center, Temple, congregation and its Initiates to
a.) Make regular use of the means of spiritual cultivation as described in the holy scriptures discussed in sections C2.04, C2.05, C2.06, and C2.07 and practiced in accordance with the teachings of gurus and the Ascended Masters, which include but are not limited to:
1.) Various Spiritual Healing Retreats in the USA and abroad including the Pancha Karma Purification and Detoxification Retreat. This ancient Indo-Tibetan religious purification sacrament, ceremony and ritual, referred to as Pancha Karma, is religiously practiced in order to create a pure sattvic body-mind-spirit complex required for deeper religious practice and is so practiced without being required to obtain a license from any governmental authority;
2.) Public Chanting;
3.) Public Meditation;
4.) Public Yoga;
5.) Public Jyotisha;
6.) Public Ayurveda;
7.) Public access to the actual classic sacred Scriptures and other texts which are managed by the Initiates;
8.) Observation of the publicly celebrated religious holidays (including but not limited to the ones enumerated in section C2.09 under the heading “Programs, Retreats and Ancient Religious Holidays Celebrated by the Ministry, Center and Temple”); and,
9.) Regular public access to ministration by the Ministry, Center and Temple’s Initiates, who in fulfilling our religious mission may minister any gentle means of which may include but are not limited to spiritual use of those items listed in C2.11c.
b.) Live an acceptable life in accordance with the Statement of Belief and the Dharma (Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts Scriptures and Teachings) as described in classic Sutra Scriptures and practiced in accordance with the teachings of the gurus and Ascended Masters;
c.) Support the work of this congregation and the Ministry, Center and Temple and its Officers, Board of Directors, and Initiates through contributions of their time, abilities, and financial support as stewards of the teaching of Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts.
C8.04: The Non-Incorporated Non-Profit Association shall not discriminate against anyone on the basis of sex, race, ethnic background, culture, place of national origin, or sexual orientation in regard to accepting members, students, Initiates, officers, board members, teachers and faculty, hiring any employee of the Association or in determining who shall be entitled to become a member of the Association (Church and its congregation). Persons otherwise qualified shall not be discriminated against solely on the basis of a disabling condition.
C9.01: Authority to choose an Initiate (Minister) shall be vested in the President or a two-thirds majority vote of the Board of Directors or the Swami members; but the Board of Directors or a committee set up by them must see ample proof that the Initiate, Acarya Member, or Swami Member has suitable knowledge for his level of membership.
C9.02: Consistent with the faith and practices of the Ministry, Center, and Temple, every ordained Initiate (Minister) shall publicly conduct and minister to the congregation the means of spiritual cultivation as set forth by Ayurveda, Yoga, Jyotisha, Vedanta and Chinese Healing Arts.
C9.03: Our Initiates minister the Sacraments, services, retreats; conduct public worship; provide pastoral care; and speak publicly about Jyotisha, Yoga, and Ayurveda.
C9.04: Each ordained Initiate with a congregation shall within the congregation, offer instruction, provide services, initiate Neophyte and Associate Members, consecrate, bless marriages and births, minister to and visit the sick and distressed, offer the Last Rites, and lay to rest of those who have passed on; supervise all schools and organizations of the congregation including the Ministry, Center, and Temple and its Initiate (Minister) Training Program which is called Initiate Training Ordination Program.
C9.05: Every Initiate shall seek out and encourage qualified persons to prepare for the ministry and strive to extend the hand of fellowship in the community, in the nation, and abroad; shall impart knowledge of the Ministry, Center, and Temple and its wider ministry through distribution of its periodicals and other publications; and as part of our religious tenets and beliefs, shall endeavor to increase the support given by the congregation to the work of the Ministry, Center, and Temple.
C9.06: Apart from those duties already enumerated in these Article of Association and Organization, any additional specific duties of the Initiates, their particular compensation, and other matters pertaining to the services of the Initiates shall be included in a unique and separate written agreement between the Ministry, Center, and Temple and each Initiate. Such agreements shall be written and approved by the Administrator or the President.
C9.07: The Initiate shall keep accurate records of all:
a.) Financial Transactions;
b.) Various Public spiritual healing retreats including the religious purification sacrament, ceremony, and ritual referred to as Pancha Karma;
c.) Regular public access to ministration by the Ministry, Center, and Temple’s Initiates, who in fulfilling our religious mission may minister any gentle means of healing;
d.) Consecrations;
e.) Namings;
f.) Adoptions;
g.) Marriages;
h.) Laying to rest of those who have passed on;
i.) Members received;
j.) Members dismissed;
k.) Members excluded from the congregation;
C9.10: Our Initiates are not restricted to only working, practicing, and ministering for the Ministry, Center, and Temple.
[1] “1. Unincorporated associations have historically presented difficulty for the Service, as determining exempt status requires finding there is an entity separate from the individuals who created it. 2. In Tripe v. Commissioner, Tax Court Memorandum Opinion, entered July 25, 1950, the Tax Court articulated the standard that … [a] formless aggregation of individuals without some organizing instrument, governing rules, and regularly chosen officers would not be a ‘corporation, community chest, fund, or foundation’ for purposes of IRC 501(c)(3). But Cf.Morey v.Riddell, 205 F Supp. 918 (S.D. Cal. 1962), in which the court found organizing documents sufficient to support a finding that an entity was created. 3. The typical nonprofit association formed under a constitution or bylaws, with elective officers empowered to act for it, would be treated as a corporation for purposes of IRC 501(c)(3). Of course, an association’s organizing documents must satisfy the organizational test before the association can qualify under IRC 501(c)(3).” Handbook 7.8.2 Exempt Organizations Technical Guidelines Handbook, Chap. 3, Religious, Charitable, Educational, Etc., Organizations, Tax Professional’s Corner of the Digital Daily of the Internal Revenue Service, Internet web site URL: http://www.irs.gov/prod/bus_info/tax_pro/irm-part/section/36070a.html, Section [7.8.2] 3.2.3 (02-23-1999) “Associations”: pp. 12-13.
[2] “Reg. 1.501(c)(3)-1(c)(1) provide that an organization is operated exclusively for charitable purposes only if it engages primarily in activities that accomplish those purposes in (1) above. It is not so operated if more than an insubstantial part of its activities do not further those purposes.” Handbook 7.8.2 Exempt Organizations Technical Guidelines Handbook, Chap. 3, Religious, Charitable, Educational, Etc., Organizations, Tax Professional’s Corner of the Digital Daily of the Internal Revenue Service, Internet web site URL: http://www.irs.gov/prod/bus_info/tax_pro/irm-part/section/36070a.html, Section [7.8.2] 3.4 (02-23-1999) “Operational Test”: p. 23.
[3] “1. The regulations’ terms ‘exclusively,’ ‘primarily’ and ‘insubstantial’ present difficult conceptual problems. Questions involving the application of these terms can more readily be resolved on the basis of the facts of a particular case. It is therefore important that all the facts and circumstances be fully developed.” Handbook 7.8.2 Exempt Organizations Technical Guidelines Handbook, Chap. 3, Religious, Charitable, Educational, Etc., Organizations, Tax Professional’s Corner of the Digital Daily of the Internal Revenue Service, Internet web site URL: http://www.irs.gov/prod/bus_info/tax_pro/irm-part/section/36070a.html, Section [7.8.2] 3.4 (02-23-1999) “Operational Test”: pp. 23-24. No more than an insubstantial part of the Ministry, Center and Temple’s activities do not further our stated purposes.
[4] Handbook 7.8.2 Exempt Organizations Technical Guidelines Handbook, Chap. 3, Religious, Charitable, Educational, Etc., Organizations, Tax Professional’s Corner of the Digital Daily of the Internal Revenue Service, Internet web site URL: http://www.irs.gov/prod/bus_info/tax_pro/irm-part/section/36070a.html, Section [7.8.2] 3.6 (02-23-1999) “Religion or Advancement of Religion”: p. 37.
[5] Headline from the San Jose Mercury News, published Tuesday, November 10, 1998: “Religious incorporation not needed for exemption” “SAN FRANCISCO (AP) – A non-profit hospital run by a religious group does not need to organize as a religious corporation to be protected from employment discrimination suits under the law, the state Supreme Court ruled Monday. The high court’s 7-0 ruling was by Justice Kathryn Mickle Werdegar.” The ruling referred to “a religious association or corporation not organized for private profit” and “the ruling is S054783, June McKeon vs. Mercy Healthcare Sacramento.” Internet web site URL: http://www.mercurycenter.com/premium/local/docs/hospital10.htm
[6] “The First Amendment to the United States Constitution provides that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” Handbook 7.8.2 Exempt Organizations Technical Guidelines Handbook, Chap. 3, Religious, Charitable, Educational, Etc., Organizations, Tax Professional’s Corner of the Digital Daily of the Internal Revenue Service, Internet web site URL: http://www.irs.gov/prod/bus_info/tax_pro/irm-part/section/36070a.html, Section [7.8.2] 3.6.1 (02-23-1999) “Constitutional Considerations”: p. 37.
[7] This Non-Incorporated Non-Profit Association (Ministry, Center and Temple [Church]), the non-profit Medicine Buddha Healing Center received from IRS its Employer Identification Number (EIN) of ______-_________________________. Form SS-4 (Rev. December 2001) Application for Employer Identification Number Form SS-4 EIN (Rev. December 2001) (For use by employers, corporations, partnerships, trusts, estates, churches, government agencies, ...http://www.irs.gov/pub/irs-pdf/fss4.pdf
[8] Charaka Samhita VI. 1.4.62.
[9] We cite Rubin vs. Coors, 1995 – see P.2 of http://www.healthy.net/herbalists/practice.htm).
[10] “The First Amendment to the United States Constitution provides that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” Handbook 7.8.2 Exempt Organizations Technical Guidelines Handbook, Chap. 3, Religious, Charitable, Educational, Etc., Organizations, Tax Professional’s Corner of the Digital Daily of the Internal Revenue Service, Internet web site URL: http://www.irs.gov/prod/bus_info/tax_pro/irm-part/section/36070a.html, Section [7.8.2] 3.6.1 (02-23-1999) “Constitutional Considerations”: p. 37.
[11] We cite State of Colorado v. Kroger – see P.2 of http://www.healthy.net/herbalists/practice.htm). Our Pastoral Counselors do not charge fees for services but do request charitable contributions (donations).
[12] Sushruta SaÑhitË. I.4.7.
[13] See the book by: Wilson, Laurence, Legal Guidelines for Unlicensed Practitioners, revised ed. January 1998, 1042 Willow Creek Rd., #A111-233, Prescott, Arizona 86301: L.D. Wilson Consultants, Inc., 1995, 1996, 1998: p. 13: “Are you a Person?”. ISBN 0-9628657-2-9. Phone: 520-445-7690.
[14] The FDA’s definition of disease, for purposes of 21 U.S.C. 343r(6), 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 dyfunctioning (e.g., hypertension); except that diseases resulting from essential nutrient deficiencies (e.g.., scurvy, pellagra) are not included in this definition.” From Sec. 101.93 certain kinds of statements for dietary supplements of the DSHEA – Dietary Supplement Health and Education Act. See Dumoff, Alan, J.D., M.S.W., “Defining ‘Disease’ – The Struggle for Turf in Dietary-Supplement Regulation”, Alternative and Complementary Therapies – April 2000 issue, p. 101.
[15] From Sec. 101.93 certain kinds of statements for dietary supplements of the DSHEA – Dietary Supplement Health and Education Act. See See Dumoff, Alan, J.D., M.S.W., “Defining ‘Disease’ – The Struggle for Turf in Dietary-Supplement Regulation”, Alternative and Complementary Therapies – April 2000 issue, p. 101.
[16] 65 Fed. Reg. 999-1050 (January 5, 2000), p. 1038 (to be codified at 21 C.F.R. section 101). See See Dumoff, Alan, J.D., M.S.W., “Defining ‘Disease’ – The Struggle for Turf in Dietary-Supplement Regulation”, Alternative and Complementary Therapies – April 2000 issue, p. 104.
[17] See Ibanez v. Florida Dept. Of Bus. & Prof’l Regulation, 512 U.S. 136, 142 (1994) and also see Central Hudson Gas & Elect. Corp. v. Pub. Serv. Comm’n, 447 U.S. 557, 566 (1980). See See Dumoff, Alan, J.D., M.S.W., “Defining ‘Disease’ – The Struggle for Turf in Dietary-Supplement Regulation”, Alternative and Complementary Therapies – April 2000 issue, p. 105.
[18] This Ninth Amendment Declaration section is part of the Informed Consent and Full Disclosure Form that is for use by our Pastoral Counselors when they minister Buddhist Pastoral Counseling work using any caring items, regimens, modalities and services, as stated in section C2.15.3.c., with our congregation members and any person(s) who seek our Ministry, Center and Temple’s spiritual caring and healing services. See section C11.01.a.15. for tasks required by the President.
Research for this section has been based on the book: Wilson, Laurence, Legal Guidelines for Unlicensed Practitioners, revised ed. January 1998, 1042 Willow Creek Rd., #A111-233, Prescott, Arizona 86301: L.D. Wilson Consultants, Inc., 1995, 1996, 1998: pp. 60-63: “Forms” and p. 42 “Sovereignty and Rights” (Claiming you Rights). ISBN 0-9628657-2-9. Phone: 520-445-7690.
[19] We declare that we acknowledge that the New Mexico Medical Practice Act states (in section 61-6-17.J “Exceptions to act”) that, “The Medical Practice Act shall not apply to or affect: (J.) the practice of religious tenets of any church in the ministration to the sick or suffering by mental or spiritual means as provided by the law.”
[20] “United States v. Seeger, 380 U.S. 163 (1965), in which the Court interpreted the phrase ‘religious training and belief’ as used in Universal Military Training and Service Act, 50 U.S.C. section 456 (j), in determining an individual’s eligibility for exemption from military service on religious grounds.
The Court formulated the following definition: ‘A sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by the God of those admittedly qualifying for the exemption comes within the statutory definition.’ ” Source: “Handbook 7.8.2 Exempt Organizations Technical Guidelines Handbook, Chap. 3, Religious, Charitable, Educational, Etc., Organizations, Tax Professional’s Corner of the Digital Daily of the Internal Revenue Service, Internet web site URL: http://www.irs.gov/prod/bus_info/tax_pro/irm-part/section/36070a.html, Section [7.8.2] 3.6.5 (02-23-1999) “Religious Belief Defined”: pp. 39-40.
[21] Pure and spiritual.
[22] “5. Supervision and inspection of commercially prepared food products – A nonprofit organization that supervises the preparation and inspection of food products prepared commercially in a particular locality to ensure that they satisfy the dietary rules of a particular religion, thereby assisting the individual members of the religion to comply with its tenets and dictates, qualifies for exception. Rev. Rul. 74-575, 1974-2 C.B. 201.” Handbook 7.8.2 Exempt Organizations Technical Guidelines Handbook, Chap. 3, Religious, Charitable, Educational, Etc., Organizations, Tax Professional’s Corner of the Digital Daily of the Internal Revenue Service, Internet web site URL: http://www.irs.gov/prod/bus_info/tax_pro/irm-partold/section/36070b.html, [7.82.2] 3.6.12 02/23/99 “Digests of Precedent Rulings”: p. 17.
[23] “All unincorporated non-profit associations must have a proper dissolution provision in the governing instrument, as no state, nor the District of Columbia provides certainty by statute or case law, for the distribution of assets upon the dissolution of an unincorporated nonprofit association.” Handbook 7.8.2 Exempt Organizations Technical Guidelines Handbook, Chap. 3, Religious, Charitable, Educational, Etc., Organizations, Tax Professional’s Corner of the Digital Daily of the Internal Revenue Service, Internet web site URL: http://www.irs.gov/prod/bus_info/tax_pro/irm-part/section/36070a.html, Section [7.8.2] 3.3.6.3 (02-23-1999) “Example of Dissolution Provision”: pp. 17-18 and “[7.8.2] 3.3.6.4.1 (02-23-1999) “Dissolution Provision Required”: pp. 19-20.
[24] IRS Publication 557, Tax Exempt Status for Your Organization, Rev. May 1997, Cat. No. 46573C: p. 15, “Dedication and Distribution of Assets”
[25] IRS Publication 557, Tax Exempt Status for Your Organization, Rev. May 1997, Cat. No. 46573C: p. 13, “Applicaton for Recognition of Exemption”, Bullet point 2.
[26] In our religious context of practicing Ayurveda, Yoga, Jyotish and the Chinese Healing Arts as a constitutionally protected and God-given inalienable right as our deeply held beliefs of a spiritual nature, we define “clinical” (in reference to our “Clinical Herbalist” or “C.H.” designation or other titles and monikers containing the word “Clinical”) with the words “irrefutable”, “scientific”, “experimental”, “quantifiable”, “proven”, “technical”, “methodical”, “systematic”, “controlled”, “logical”, or “precise”. The Medicine Buddha Healing Center’s religious appellation “Clinical Herbalist” or sanctified “C.H.” moniker or any other of our titles and monikers containing the word “Certified” (or the letter “C.” referring to “Clinical”) at the end of the name of our duly ordained Ministers, Reverends, Pastoral Counselors, or Practitioners has no affiliation or relationship with any other organization or school. Medicine Buddha Healing Center’s appellation “Clinical Herbalist” or “C.H.” moniker are constitutionally protected religious titles bestowed upon duly ordained Ministers, Reverends, Pastoral Counselors, or Practitioners of the Medicine Buddha Healing Center and are not subject to governmental control, government regulation, governmental approval, or governmental interference, including but not limited to control, regulation, approval, or interference from the California Association of Private Postsecondary Schools or the Bureau for Private Postsecondary and Vocational Education of the State of California. Medicine Buddha Healing Center’s religious appellation “Master Herbalist” and it’s sanctified “M.H.” moniker has no affiliation or relationship with the American Herbalists Guild (www.americanherbalistsguild.com).
When citing references for homework or other writing assignments, please uses the following format:
[! himalayan ayurvedic medicine handbook tibetan medicine.htm]"x pars." refers to paragraphs, where "x" is the number of paragraphs that you are citing in your work:
Sun Qingfu et. al., "A Survey of the Treatment of Obesity by Traditional Chinese Medicine", East Sussex, United Kingdom: The Journal of Chinese Medicine (JTCM June 1993 43/37) CD ROM, 2nd Ed., 1999, x pars. Online: Available: http://www.jcm.co.uk. 26 June 2002.
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Nonprofit Corporations FAQ
Nonprofit Corporation Basics
Five Reasons to Incorporate Your Nonprofit Association
How to Form a Nonprofit Corporation
Running Your Nonprofit Corporation
Source: Nolo Press, http://www.nolo.com/lawcenter/ency/article.cfm/objectID/FB682F05-ADA1-4B8A-ACC2830A855686DB |
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