Stated members have to be members to establish and guarantee the legal rights and protections that allow unfettered access and exchange of the particular expressions of religious practice and healing we claim as NAIC.
Membership establishes several important things:
1) Participation and support of the human right to receive and exchange traditional, indigenous, and natural medicine, therapy, healing, ceremony, and counseling.
2) Defines the exchange of services as a traditional, indigenous, and natural medicine, therapy, healing, or counseling and not a medical, therapeutic, or massage service as defined and
regulated by a governmental authority or “licensing” board.
3) Establishes that neither the client nor the healer is “the public” as defined by law and, therefore, not to be regulated.
4) Establishes the sincerely and firmly held conviction that performing, sharing, and participating in ceremony, sacrament, and healing is a right of Native American Church expression of both Native American and religious freedom principles, statute, and established precedent.
5) Client/communicant-minister privilege (“Right to privacy” between therapist counselor, minister, and the member receiving the service). Please note No NAIC membership = no Client/communicant-minister privilege. When both practitioner/ minister and client/ communicant are members of NAIC, there is no service to the public; there is no compelling government interest to intervene. Interfering is expressly prohibited.
6) If the client is not an NAIC member, no expressive private association membership contract or protections are afforded to expressive private association among members.
7) If the client is not a member, there are no Native American Religious freedoms or protections under AIRFA, RLUIPA, Title 42, 25, 18, etc.
8) If the client is not a member, there is no protection from liability nor arbitration agreement for disputes between members.
9) If the client is not a member, there is no legal contract or understanding that all services, counseling, therapies, etc., are Native American indigenous religious expressions. It leaves the door open to misunderstanding either in the moment or at some future date. It also leaves the door open to a relative, partner, or medical person misinterpreting the nature of the services.
10) Services rendered without clearly establishing the nature of the relationship as a religious exchange are subject to being interpreted as a secular service which would place them under the jurisdiction of various state medical practices acts. Establishing the nature of the relationship between the NAIC practitioner and the client reduces and or eliminates confusion and misunderstanding.