Tennessee State Exemptions
State of Tennessee State Exemptions:
Article V. Privileges
219
Rule 501: Privileges Recognized Only as Provided.
T.C.A. § 24-1-206. CLERGY-PENITENT PRIVILEGE
(a)(1) No minister of the gospel, no priest of the Catholic Church, no rector of the Episcopal Church, no ordained rabbi, and no regular minister of religion of any religious organization or denomination usually referred to as a church, over eighteen (18) years of age, shall be allowed or required in giving testimony as a witness in any litigation, to disclose any information communicated to that person in a confidential manner, properly entrusted to that person in that person’s professional capacity, and necessary to enable that person to discharge the functions of such office according to the usual course of that person’s practice or discipline, wherein such person so communicating such information about such person or another is seeking spiritual counsel and advice relative to and growing out of the information so imparted.
NAIC Opinion
I’m unaware of any Tennessee law preventing a pastor from charging a fee for Counseling. Tennessee does not generally require a pastor to have a license to perform Counseling so long as it is performed as part of his “pastoral duties.” Tennessee Department of Health and Mental Retardation Rule 0940-05-06-.03(4).
Communication and exchange of confidential information and spiritual counsel within the context of our Native American Church and the practice of our ceremonies are confidential and protected activities by State of Tennessee statute and other relevant Federal Laws, Code,s and precedents.
NAIC Native American Ministers in Tennessee do not offer the practice of medicine, massage and or massage therapy, Pastoral Counseling, and or Licensed Pastoral Counseling as defined by Tennessee law and statute and therefore are not compelled to apply for relevant licensing.
There it is strongly recommended that NAIC Church members Pastors, clergy, ministers, and medicine men and women only perform sacerdotal and proper healing in the context of their regular “pastoral care and duties” to avoid confusion.
Tennessee’s Strange Rules for Energy Work?
Tennessee states that if you do energy or healing work by directed intention and affirmation (backward) and incidentally touch or contact another person (manipulate tissue), you must have a massage license! The example they use is Reiki. Traditional Reiki is a spiritual healing practice with “Universal Energy- Love.” Gentle touching has always been part of Reiki and other similar healing arts. This is a clear overreach as no state has the right to control or legislate as a crime a practice based on exchanging intangible, i.e., Universal Energy! That means exchanging universal energy, and “Love” is restricted to “Massage Licensees” only. So, in Tennessee, if you hold someone’s hand and wish them well, you could be breaking the law! That’s a clear violation of many federal civil laws and over-reach in ridiculous terms by the Government of Tennessee. However, there is such a rule until the good people of Tennessee rise and change the direction.
Opinion: If you are not a legally defined ministerial or religious counseling practice or practitioner, you do NOT have a legal right to practice energy healing modalities in Tennessee and are subject to enforcement provisions. If you offer energy healing services to the Public, you must have a Massage License in this state. However, if you practice as a minister under NAIC, you are free to practice without restriction as long as you practice with other NAIC members. To be clear…
Private specialized ministerial services and or Counseling provided exclusively by and to NAIC Authorized members. Furthermore, NAIC member ministers, medicine men, and women are restrained from advertising or promoting prohibited services, such as massage, massage therapy, pastoral Counseling, etc., to the Public. The following statement should be prominently displayed on all advertising “Please note: [ NAIC Authorized Member Name] does not see or provide services to the Public. Active NAIC APM membership is required for any consultations and services, exchanges, etc. (Any titles displayed under religious privilege unless otherwise indicated).”
All NAIC ministers are directed to include Spiritual Counseling, Religious Therapeutics, Laying On of Hands, Chirothesia, energy and spiritual, ceremonial and sacramental modalities, natural healing, Yoga Therapy, or any other NAIC-authorized healing/wellness generative and supportive modality as part of their regular duties.
There are limits to what NAIC Members can practice!
You have constitutional rights, which are listed in the legal section of this website. Please read and understand them, as law enforcement, in most cases, will be unfamiliar with them. Laws vary from state to state, and you need to understand your legal right to participate in the sacraments of the NAIC. NAIC does not support a violation of the law. The NAIC does not have a legal fund to defend you but does have all of the documentation to help you in your earnest desire to participate as the spirit dictates, so long as it does not infringe upon the rights of others and is following the NAIC mission statement and Authorized Participant Rules. For specific legal opinions regarding the above issues, we recommend that you contact our NAIC Legal Advisors and or Counsel.
