---
kind: "section"
citation: "42 U.S.C. § 3058ff"
title: "42"
title_heading: "The Public Health and Welfare"
number: "3058ff"
heading: "Rule of construction"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/3058ff"
units:
  - "Chapter 35 — Programs for Older Americans"
  - "Subchapter XI — Allotments for Vulnerable Elder Rights Protection Activities"
  - "Part C — General Provisions"
---

# §3058ff. Rule of construction


Nothing in this subchapter shall be construed to interfere with or abridge the right of an [older individual](/usc/42/3002.md?p=40) 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](/usc/42/3002.md?p=40)—
  - (A) either orally or in writing;
  - (B) with respect to a specific illness or injury that the [older individual](/usc/42/3002.md?p=40) has at the time of the decision; and
  - (C) when the [older individual](/usc/42/3002.md?p=40) 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](/usc/42/3002.md?p=51) law; or
- (3) may be unambiguously deduced from the [older individual](/usc/42/3002.md?p=40)’s life history.

## Source credit

(Pub. L. 89–73, title VII, § 765, as added Pub. L. 109–365, title VII, § 705, Oct. 17, 2006, 120 Stat. 2594.)