§ 3058ff. Rule of construction

Nothing in this subchapter shall be construed to interfere with or abridge the right of an older individual to practice the individual’s religion through reliance on prayer alone for healing, in a case in which a decision to so practice the religion—

• (1) is contemporaneously expressed by the older individual—
  • (A) either orally or in writing;
  • (B) with respect to a specific illness or injury that the older individual has at the time of the decision; and
  • (C) when the older individual is competent to make the decision;
• (2) is set forth prior to the occurrence of the illness or injury in a living will, health care proxy, or other advance directive document that is validly executed and applied under State law; or
• (3) may be unambiguously deduced from the older individual’s life history.