Ayurvedic Correspondence Course, Ayurvedic Distance Learning and In-Person Classroom-based Ayurvedic Education: Om Namo Medicine Master Buddha! Sangye Menla! - the Patron Buddha of our Indian Medicine - Tibetan Herbal Medicine Herbal Correspondence Course and Ayur-Veda School.       In the Tibetan Medicine Tantras (Four Tantras or rGyud bzhi), Shakyamuni Buddha describes Medicine Master Buddha as an Supremely Enlightened Being who has special powers of healing. The special healing blessings of Medicine Buddha may be obtained by reciting his name or mantra.  In Tibetan chant "Om Namo Baghawate Bhaghandze Guru Bhadurya Prabah Raja Tathagataya Arhate Samkya Sam Buddhaya Tayatha Om Bheghandze Bheghandze Maha Bheghandze Raja Samudgate Soha".   In Sanskrit chanting "Aum Namo Bhagavaté Bhaisajya Guru Vaidurya Prabaha Rajaya Tathagataya Arhaté Samyaksambodhi Tadyata Aum Bhaisajé Bhaisajé Bhaisajya Samudgaté Svaha".    For centuries, Buddhists have been reciting this mantra prayer, to bring an ultimate healing of spiritual disease, as well as cures for everyday problems of the body and mind.  This graphic is either reprinted with permission or is made available under the "fair use" provision (17 USC §107) of the U.S. Copyright Act for research and non-profit educational and religious purposes only. Picture source: www.tibetmedicine.org    --  The Ayurveda Healing Arts Institute has no relationship whatsoever with the California College of Ayurveda - www.ayurvedacollege.com.  Do not confuse our Clinical Ayurveda Therapist (C.A.T.) Program or Clinical Ayurvedic Herbalist Specialist (C.A.H.S.) Program with Marc Halpern's CCA Clinical Ayurvedic Specialist (C.A.S.) Program.Ayurveda Healing Arts Institute
of the Medicine Buddha Healing Center

Your Californian College of Clinical Ayurvedic Therapies
from the Buddhist - Yogic - Vedic Tradition

Home Page - www.Ayurveda-California.com
Visit our simpler format site:  www.Ayurveda-School.net

2210 McKinley Avenue, Unit 4 (1 minute walk from Downtown Berkeley BART 1 block west of Martin Luther King, between Allston and Bancroft across from Bank of America Public Parking Lot - Click here for directions), Berkeley, California, 94703 USA
(1) 510-292-6696
- Please CALL US, no e-mail available (Namo AT Shurangama.com).
 

            Sri - means Revered or Auspicious or Beautiful - May these qualities manifest in your life.  Om Syi Dan Dwo Bwo Da La.  Man Dwo La Ba Two Ye Swo Po He.

 

"Om Namo Aryavalokiteshvaraya Bodhisattvaya Mahasattvaya Maha Karunikaya Om Sarva Abhaya!"

Non-Profit Religious Organization of the Ayurveda Healing Arts Institute

(Click here to listen to the audio of this page)

Buddhist Ayurveda is our religion! 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.”     Buddhist Ayurveda is our religion! 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.”

The Ayurveda Healing Arts Institute (Medicine Buddha Healing Center) declare and acknowledge that the religious Association (Church), that is to say the Ministry, Institute, Center and Temple is in no way under the jurisdiction of any government (federal, state, or local).  This means that the religious Association (Church), that is to say the Ministry, Institute, Center and Temple is in no way under the jurisdiction of the Food and Drug Administration, the Internal Revenue Service, the Social Security Administration, the California State Medical Board, or the California Bureau for Private Postsecondary and Vocational Education.  Any attempt by any government or private agent or agency to regulate our above described religious educational practices and spiritual practices is in violation of our now declared First[1], Fourth, Sixth and Ninth Amendment Constitutional rights.  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 our Ministry, Institute, Center and Temple and its Pastoral Counselors, congregation, and members under the First, Fourth, Sixth and Ninth Amendments, as enumerated in these Articles of Association and Organization and in our Pastoral Counselor’s Declaration of First Amendment Constitutional Rights (Section C2.14) and Pastoral Counselor’s Declaration of First, Fourth, Sixth and Ninth Amendment Constitutional Rights (Section C2.15), that they may be in violation of the Pastoral Counselor’s civil and constitutional rights, Title 42, U.S.C. 1983 et seq. and Title 18, Section 241.  We hereby declare, all rights reserved without prejudice.


 

[1] “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.

 


 

Here is the entire text of our Articles of Association in Microsoft Word format:  2.1 MBAyurvedic Correspondence Course: Om Namo Medicine Master Buddha! Sangye Menla! - the Patron Buddha of our Tibetan Herbal Medicine Correspondence Course.       In the Tibetan Medicine Tantras (Four Tantras or rGyud bzhi), Shakyamuni Buddha describes Medicine Master Buddha as an Supremely Enlightened Being who has special powers of healing. The special healing blessings of Medicine Buddha may be obtained by reciting his name or mantra.  In Tibetan chant "Om Namo Baghawate Bhaghandze Guru Bhadurya Prabaraja Tathagataya Arhate Samkya Sam Buddhaya Tayatha Om Bheghandze".   In Sanskrit chanting "Aum Namo Bhagavaté Bhaisajya Guru Vaidurya Prabaha Rajaya Tathagataya Arhaté Samyaksambodhi Tadyata Aum Bhaisajé Bhaisajé Bhaisajya Samudgaté Svaha".    For centuries, Buddhists have been reciting this mantra prayer, to bring an ultimate healing of spiritual disease, as well as cures for everyday problems of the body and mind.  This graphic is either reprinted with permission or is made available under the "fair use" provision (17 USC §107) of the U.S. Copyright Act for research and non-profit educational and religious purposes only. Picture source: www.tibetmedicine.org

Religious_Freedom_MBHC_Creed_n_Constitution_7-4-2000_Amended_7_4_2004.doc

 

Here is the entire text of our February 3, 2003 response to a request for information from the California Bureau for Private Postsecondary and Vocational Education who has no jurisdiction over us as stated by their employee Mr. Fred Lopez.  If we were not a religious school that is part of a Church, them we would still not be be required to get accreditation with the California Bureau for Private Postsecondary and Vocational Education since we offer our classes entirely based on donations.  No student is ever turned away due to lack of funds.

Buddhist_Ayurveda_Religion_Response_to_BPPVE_First_Amendment.doc   638KB

 

Here is the Medicine Master Buddha Mantra, the prayer that is most often used in our Institute to begin all classes:

Medicine_Master_Buddha_Mantra.doc   289KB    Also see: ayurveda_college_music\Medicine_Buddha_Mantra_Tibetan.mp3


 “Aum Namo Bhagavaté Bhaisajya Guru Vaidurya Prabaha Rajaya Tathagataya Arhaté Samyaksambodhi Tadyata Aum Bhaisajé Bhaisajé Bhaisajya Samudgaté Svaha!” 
“Om Namo Ratna Trayaya! Namo Avalokiteshvaraya Bodhisattva!”  
Guan Yin's Dharani Sutra Hand and Eye Mantra #16: "Syi lu seng e me chywe ye.  Nan. Wei la ye. Wei la ye.  Sa wa he." 
Guan Yin's Vajra Pestle Hand and Eye Mantra #6: "Swo la swo la. Nan. Wa dz la jr ning.  Bwo la ni bwo dwo ye.  Sa wa he."

We chant the Medicine Buddha Mantra, the Great Compassion Mantra, and the Shurangama Mantra on any occasion and in between for healing ourselves and our world from the Great Illness: ignorance.

"It is a sad time for the world. We must realize that this great illness we experience at this time in not isolated to the USA or the Middle East or even the invisible Terrorists. This illness that is so evident today is rooted way back in time and will continue to reach far into the future until every being comes to the great realization that greed, anger/hatred, self-centered hypocrisy and confusion are the true enemies of humanity and of all living beings. Wherever it may originate or wherever it may be directed, it is this enemy that we must overcome. So let us begin within ourselves.


"We ourselves are the great medicine for the great illness".

Version 1:
Tayata Om Bekanze
Bekanze Maha BeKanze
Radza Samudgate Soha


Version 2:
Om namo bhagawate Bhaishjaye guru
vaidurya prabha rajaya tathagataya
arhate samyaksam buddhaya teyatha
om bekhajye bekhajye maha bekhajye
bekhajye rajaya samungate svaha



The mantra means:
Auspicious one!
I prostrate to you, King of lapis lazuli,
who has conquered the cycle of birth, aging, sickness and death,
who has gone to the state of the Buddha's, the supreme physician,
who is perfectly awakened, the enlightened One,
Medicine Buddha, King of all physicians.

1 om : auspicious one
2 namo : prostration
3 bhagawate : the victorious
4 Bhaishjaye : medicine Buddha
5 guru : spiritual master
6 vaidurya prabha rajaya: king of lapis lazuli
7 tathagataya : the one gone to the state of the buddhas
8 arhate : one who has conquered the cycle of birth, aging,sickness and death
9 samyaksam buddhaya : perfectly enlightened
10 teyatha : like this
11 om : auspicious one
12 bekhajye bekhajye : two times calling the name of medicine buddha
13 maha bekhajye : supreme physician
14 bekhajye rajaya : king of physicians
15 samungate : perfectly awakened
16 svaha : to relinquish
 


 

 

 

 

 

 

 

 

 

 


 “Aum Namo Bhagavaté Bhaisajya Guru Vaidurya Prabaha Rajaya Tathagataya Arhaté Samyaksambodhi Tadyata Aum Bhaisajé Bhaisajé Bhaisajya Samudgaté Svaha!”  “Om Namo Ratna Trayaya! Namo Avalokiteshvaraya Bodhisattva!”

Ayurveda Healing Arts Institute

 

 

 

 


 

The Medicine Buddha Wholistic Ministry

Conformed Copy of the Articles of Association and Organization Ratified by the Council of Pastoral Counselors and the Board of Directors of The Medicine Buddha Wholistic Ministry (aka The Medicine Buddha Healing Center and Temple [aka Ayurveda Healing Arts Institute] ),
Albuquerque, New Mexico
and Berkeley, California

 

1st Revision, adopted, accepted and
ratified by the Founding Board of Directors on July 4th, 2000

2nd Revision, adopted, accepted and
ratified by the Board of Directors on September 11th, 2002 at 5:05 PM.

Preamble

We the undersigned members and founders of the non-profit Buddhist Church called the Medicine Buddha Wholistic Ministry® (MBWM), also legally referred to as the Medicine Buddha Healing Center® (MBHC) and Temple or simply as the Medicine Buddha Healing Center® and as the Ayurveda Healing Arts Institute® (AHAI), being of legal age and sound mind and body, responding in faith to the call of our Spiritual Head: the Medicine Master Buddha, and the God of Wisdom Ganesha, and, to the call of the early fifth century B.C. founder of the Buddhist religion: Gautama Shakyamuni Buddha, and to the compassionate spiritual healing calls of the Exalted Buddhist Saints: Supreme Healer Bodhisattva, King of Healing Bodhisattva, Guan Yin (Indian Avalokiteshvara, Tibetan Chen Rezig) Great Compassion Bodhisattva, Manjushri Great Wisdom Bodhisattva, and to the Buddhist educational call of our teacher the Venerable Buddhist Master Hsuan Hua of the Sagely City of Ten Thousand Buddhas and the Dharma Realm Buddhist University (www.DRBA.org) desiring to unite together to worship these Healing Buddhas and Sage Bodhisattvas, to bestow the traditional Chinese-Tibetan-Indian Buddhist Healing Ceremonies, Rituals, Sacraments, and Liturgies, and to carry out the Mission of the Medicine Buddha and all the great Saint Healing Bodhisattvas of Buddhism, in order to form a non-profit religious church as a legally binding Non-Incorporated Association under the laws of the State of New Mexico and the State of California, 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.  In the name of the Medicine Buddha and Healing Bodhisattvas, the Gods and Goddesses of the Heavenly Realms and the Great Dharma Protecting Spirits. So may it be.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


 “Aum Namo Bhagavaté Bhaisajya Guru Vaidurya Prabaha Rajaya Tathagataya Arhaté Samyaksambodhi Tadyata Aum Bhaisajé Bhaisajé Bhaisajya Samudgaté Svaha!”  “Om Namo Ratna Trayaya! Namo Avalokiteshvaraya Bodhisattva!”


 

Ayurveda Healing Arts Institute

 

Dedication and Transfer of Merit

 

The Ayurveda Healing Arts Institute® and the Medicine Buddha Healing Center® would like to acknowledge and offer its sincere appreciation to the Medicine Master Buddha (Bhaisajya Guru Vaidurya Prabaha Buddha in Sanskrit [also called Senjya Menla in Tibetan and Yao Shi Fohw in Chinese]), and to the Venerable Buddhist Master Hsuan Hua, the founding Abbot of the Sagely City of Ten Thousand Buddhas (www.DRBA.org) and the Dharma Master of Buddhist Sutras (scriptures), Mantras (chants and prayers), Meditation, and Precepts who along with Clown Bodhisattva Patch Adams inspired us to create the Medicine Buddha Healing Center and the Ayurveda Healing Arts Institute.  The Venerable Master Hsuan Hua’s pure devotion to the Buddha, the Buddha’s Teachings (Dharma) and the practitioners of Buddhism (Sangha) and his tireless effort to translate into English, Spanish and other languages the truths found in the ancient Buddhist Sutras without compromising its spiritual messages remain as a constant inspiration for the staff, volunteers, congregation, Pastoral Counselors, faculty and founders of this Ministry, Institute, Center and Temple.  As such, we honor the Venerable Master Hua’s memory, by this dedication. 

 

We also wish to acknowledge the all of those whose dedication and insight brought the knowledge of Buddhist Ayurveda to the Planet, especially to our teachers including the renowned Ayurvedic Physician Dr. Vasant Lad, B.A.M.S., M.A.Sc. (founder of the Ayurvedic Institute – www.Ayurveda.com) and others who lovingly showed the way and shared their knowledge and experience, and to all the friends and staff at the Ayurvedic Institute without whose contributions the Medicine Buddha Healing Center and the Ayurveda Healing Arts Institute would not exist.


 

Verse of Transference of Merit

 

May the merit and virtue accrued from this work,
Adorn the Buddhas’ Pure Lands,
Repaying the four kinds of kindness above
And aiding the those suffering in the paths below.
May those who see and hear of this,
All bring forth the resolve for Bodhi,
And when this retribution body is over,
Be born together in the Land of Ultimate Bliss.

 

May every living being, our minds as one and radiant with light,
share the fruits of peace, with heart of goodness, luminous and bright.
If people hear and see, how hands and hearts can find in giving unity,
may their minds awake, to Great Compassion, wisdom and to joy.
May kindness find reward; may all who sorrow leave their grief and pain;
may this boundless light break the darkness of their endless night.  
Because our hearts are one, this world of pain turns into Paradise;
may all become compassionate and wise; may all become compassionate and wise.

 

 


 

 

 

Table of Contents

 

Conformed Copy of the Articles of Association and Organization Ratified by the Council of Pastoral Counselors and the Board of Directors of The Medicine Buddha Wholistic Ministry (aka The Medicine Buddha Healing Center and Temple [aka Ayurveda Healing Arts Institute] ),  Albuquerque, New Mexico and Berkeley, California                                                                                                                   

Topic                                                                                                                                                                                   Page Number

Preamble                                                                                                                                                                                                  

Ayurveda Healing Arts Institute                                                                                                                                             2

Dedication and Transfer of Merit                                                                                                                                                       2

Verse of Transference of Merit                                                                                                                                                          3

Table of Contents                                                                                                                                                                              4

Chapter 1                                                                                                                                                                                          9

Name and Association and Declaration                                                                                                                                              9

Chapter 2 – Declaration of Religious Faith, Practices and Constitutional Rights                                                                                  24

Declaration of Faith – Ministry, Center, Temple and Pastoral Counselor’s Detailed Declaration of First Amendment Constitutional Rights                                                                                                                                                                                               24

Sutra Scriptures and Sacred Literature of the Ministry, Institute, Center and Temple:  Part of our Constitutionally Protected Rights                                                                                                                                                                                                24

Showing Respect for Sutra Scriptures and Sacred Literature of the Ministry, Institute, Center and Temple                                            27

Ancient Scriptural Language and Sacred Text Study Abroad: A Formal Buddhist Missionary Exchange Program                                  29

Programs, Retreats and Ancient Buddhist Religious Holidays Celebrated by the Ministry, Institute, Center and Temple                          29

Declaration of Belief in Karma, the Three Evil Poisons, and the Three Humors                                                                                      33

Declaration of Belief in Health and Balance in Body-Mind-Spirit and the Path to Its Attainment as a Constitutionally Protected and Natural Right                                                                                                                                                                                                   33

Declaration of Belief in Divine Spirit and the Religiously Inspired and Divinely Directed Ministerial Path of our Pastoral Counselors as a Constitutionally Protected Right                                                                                                                                                           33

Pastoral Counselor’s Declaration of First Amendment Constitutional Rights                                                                                          37

Pastoral Counselor’s “Laying of Hands” is NOT Massage Therapy                                                                                                      39

Pastoral Counselor’s Are Not Practicing Medicine, But Are Practicing Religion: State of New Mexico Medical Practice Act’s Religious Tenet Exclusions and Exemptions                                                                                                                                                                  40

Pastoral Counselors Are Not Practicing Medicine, But Are Practicing Religion: FDA’s DSHEA Act and other regulations                    41

Pastoral Counselors Are Not Practicing Medicine, But Are Practicing Religion: State of New Mexico Oriental Medicine Practice Act Religious Tenet Exclusions and Exemptions                                                                                                                                                        43

Pastoral Counselor’s Are Not Practicing Nutrition or Dietetics, But Are Practicing Religion                                                                  44

Pastoral Counselor’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 Online Document)                                                               44

Moral Precepts Sacrament of the Medicine Buddha Wholistic Ministry (MBWM) and the Medicine Buddha Healing Center (MBHC) and Temple: Adhering to Biblical and Buddhist Scriptural Standards of Conduct                                                                                                        50

Declaration of Respect for the Earth and All Living Beings and of Pacifist and Conscientious Objector Status:                                         53

The Medicine Buddha Wholistic Ministry (MBWM) and the Medicine Buddha Healing Center (MBHC) and Temple Pastoral Counselors Refrain from Drugs and Intoxicants:                                                                                                                                                                   54

Declaration of Religious Non-Support of and Non-Participation in the Social Security and of Natural and Constitutional Rights to Practice “Pastoral Care” and “Well-Being Healing Services”                                                                                                                                             55

Declaration of Natural and Constitutional Rights to Life, Liberty, and the Pursuit of Happiness (Religious Well-Being Healing Arts Practices)                                                                                                                                                                                            58

Chapter 3                                                                                                                                                                                            60

Nature of the Church (Ministry, Institute, Center and Temple, and its Congregation)                                                                             60

Statement of Religious Purposes, Beliefs and Practices of the Church (Ministry, Institute, Center and Temple, and its Congregation)                                                                                                                                                                                      60

The Founder and Lineage of the Church (Ministry, Institute, Center and Temple, and its Congregation)                                                  61

Facilities of the Medicine Buddha Wholistic Ministry (MBWM), the Medicine Buddha Healing Center (MBHC) and Temple, and the Ayurveda Healing Arts Institute (AHAI)                                                                                                                                                                63

Chapter 4                                                                                                                                                                                             66

Statement of Purpose of the Church (Ministry, Institute, Center and Temple, and its Congregation)                                                         66

Chapter 5                                                                                                                                                                                             70

Statement of the Legal Powers of the Ministry, Institute, Center and Temple                                                                                           70

Chapter 6                                                                                                                                                                                             77

Statement of the Ministry, Institute, Center and Temple Affiliation                                                                                                          77

Chapter 7                                                                                                                                                                                             78

Property Ownership                                                                                                                                                                              78

Donee Information Return                                                                                                                                                                      79

No Private Benefit or Inurement by the Church or Its Congregation and Management                                                                              80

Assets Dedicated to our Exempt Religious Purpose:                                                                                                                                82

Chapter 8                                                                                                                                                                                                83

Membership in the Ministry, Institute, Center and Temple                                                                                                      83

Membership Classification                                                                                                                                                             83

Privileges and Duties of Members of the Congregation                                                                                                           86

Non-Discriminatory Policy of this Congregation, Ministry, Institute, Center and Temple, and its Pastoral Counselors         90

Chapter 9                                                                                                                                                                                                90

Pastoral Counselors (Ministers) of the Ministry, Institute, Center and Temple                                                                  90

Chapter 10                                                                                                                                                                                             96

Regular Congregation Meetings                                                                                                                                                  96

Chapter 11                                                                                                                                                                                             97

The Board of Directors of the Church (Non-Incorporated Non-Profit Association) – The Ministry, Institute, Center and Temple        97

The Officers of the Non-Incorporated Non-Profit Association                                                                                              101

Designating Committees                                                                                                                                                               122

Limitation of the Powers of Committees                                                                                                                                    122

Chapter 12                                                                                                                                                                                           122

Council of Pastoral Counselors                                                                                                                                                  122

Parsonage Allowance for the President of the Council of Pastoral Counselors (The Rector)                                       123

Chapter 13                                                                                                                                                                                           128

Congregation Committees                                                                                                                                                           128

Chapter 14                                                                                                                                                                                           128

Organizations within the Ministry, Institute, Center and Temple                                                                                        128

Chapter 15                                                                                                                                                                                           129

Discipline of Members                                                                                                                                                                   129

Chapter 16                                                                                                                                                                                           130

By-laws                                                                                                                                                                                             130

Chapter 17                                                                                                                                                                                           131

Amendments to the Articles of Association and Organization                                                                                              131

Chapter 18                                                                                                                                                                                           133

Continuing Resolutions                                                                                                                                                                133

Chapter 19                                                                                                                                                                                           133

Miscellaneous Articles and Important Legal Statements                                                                                                       133

Exclusively Religious Purpose, Organization and Actions of the Medicine Buddha Wholistic Ministry (MBWM) and the Medicine Buddha Healing Center (MBHC) and Temple:                                                                                                                                       133

Non-Involvement in Political Activity:                                                                                                                                      134

Only Permitted Activities:                                                                                                                                                            134

Information Provided to Donors:                                                                                                                                                135

Report of Cash Received:                                                                                                                                                             138

Public Inspection of Exemption Applications:                                                                                                                         139

Public Inspection of Annual Returns:                                                                                                                                        140

Miscellaneous Rules:                                                                                                                                                                    140

Records:                                                                                                                                                                                           141

Deposits, Checks, Loans and Contracts:                                                                                                                                   142

Deposit of Funds                                                                                                                                                                            142

Checks, etc.                                                                                                                                                                                     142

Loans                                                                                                                                                                                                142

Contracts                                                                                                                                                                                         143

Contracts with Directors or Officers                                                                                                                                          144

Loans to Directors or Officers                                                                                                                                                      144

Indemnification of Directors or Officers                                                                                                                                    145

Fiscal Year                                                                                                                                                                                      145

Construction                                                                                                                                                                                   145

Arbitration                                                                                                                                                                                      145

Limited to our Non-Profit Religious Purpose                                                                                                                           146

Chapter 20                                                                                                                                                                                           147

Approval of these Articles of Association and Organization                                                                                                147

End Notes for Reference                                                                                                                                                                   150

 


 

 

Chapter 1


Name and Association and Declaration

C1.01:  The name of this legally binding and organized Non-Incorporated Non-Profit Association[1], a Buddhist religious congregation (Church), shall be “The Medicine Buddha Wholistic Ministry (MBWM)”.  An additional formal legal name shall also lawfully refer to this Non-Incorporated Non-Profit Association as the “Medicine Buddha Healing Center (MBHC) and Temple” and the “Ayurveda Healing Arts Institute”.  The Medicine Buddha Healing Center (MBHC) and Temple and the Ayurveda Healing Arts Institute is not an “integrated auxiliary”, nor a “related organization”, nor a “separate legal entity” of The Medicine Buddha Wholistic Ministry (MBWM).  The Medicine Buddha Healing Center (MBHC) and Temple and the Ayurveda Healing Arts Institute is simply an additional legal name for the Association called The Medicine Buddha Wholistic Ministry (MBWM).

 

C1.02:   For the purpose of these Articles of Association and Organization and any future By-laws or Amendments, “The Medicine Buddha Wholistic Ministry (MBWM)”, also legally referred to as “The Medicine Buddha Healing Center (MBHC) and Temple”, and as “Ayurveda Healing Arts Institute”, shall be hereinafter referred to as the “Ministry, Institute, 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, Institute, Center and Temple shall be a Non-Incorporated Non-Profit Association governed by the laws of the State of New Mexico and the State of California with all rights reserved without prejudice and with extensive restrictions on the jurisdiction of the State Governments and the U.S. Federal Government over our non-profit Buddhist Ayurveda Church due to the “separation of Church and State” guaranteed in the Constitution of the United States, of New Mexico and of California.  Although we declare that the Ministry, Institute, Center and Temple and its ministers (the  Pastoral Counselors) are not under the jurisdiction of any man-made secular government (but are under the religious jurisdiction of the holy moral laws of the Gods and the Buddhas), we are still more legally protected by claiming our God-given (Buddha-Nature) 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.”          

We also declare our awareness of our God-given unalienable[2] religious rights to formally and publicly study, teach, promulgate and practice freely the Buddhist Ayurveda religion as protected not only by the Gods and the Buddhas, and by the United States Constitution, but also as protected and guaranteed in the following Declaration of Rights from the New Mexico and California State Constitutions.

“NEW MEXICO CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SEC. 11.
Every man shall be free to worship God according to the dictates of his own conscience, and no person shall ever be molested or denied any civil or political right or privilege on account of his religious opinion or mode of religious worship. No person shall be required to attend any place of worship or support any religious sect or denomination; nor shall any preference be given by law to any religious denomination or mode of worship.”[3]

 

“CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SEC. 4.
Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the State. The Legislature shall make no law respecting an establishment of religion.”[4]

“CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SEC. 2. (a)
Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.”

 

C1.04: This Ministry, Institute, Center and Temple is organized and publicly operated[5] exclusively[6] for non-profit religious purposes[7] 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 religious Association (Church), that is to say the Ministry, Institute, Center and Temple is in no way under the jurisdiction of the Internal Revenue Service (IRS), the Social Security Administration, or any other government organization, agency, or agent (federal, state or local).  Any attempt by any government or private agent or agency to regulate our above described religious educational practices and spiritual practices is in violation of our now declared First[8], Fourth, Sixth and Ninth Amendment Constitutional rights.  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 our Ministry, Institute, Center and Temple and its Pastoral Counselors, faculty, students, congregation, and members under the First, Fourth, Sixth and Ninth Amendments, as enumerated in these Articles of Association and Organization and in our Pastoral Counselor’s Declaration of First Amendment Constitutional Rights (Section C2.14) and Pastoral Counselor’s Declaration of First, Fourth, Sixth and Ninth Amendment Constitutional Rights (Section C2.15), that they may be in violation of the Pastoral Counselor’s civil and constitutional rights, Title 42, U.S.C. 1983 et seq. and Title 18, Section 241.  We hereby declare, all rights reserved without prejudice;

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 under the laws of the State of New Mexico and State of California 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, Institute, Center and Temple and its founding congregation) declares and legally claims the following (which shall be described in detail later in these rest of these Articles of Association and Organization):

See Chapter 5 titled “Statement of the Legal Powers of the Ministry, Institute, Center and Temple”; see Chapter 9 titled “Pastoral Counselors (Ministers) of the Ministry, Institute, Center and Temple”; see Chapter 10 titled “Regular Congregation Meetings”; see Chapter 11 titled “The Board of Directors”; see Chapter 12 titled “Council of Pastoral Counselors”; see Chapter 13 titled “Congregation Committees”; see Chapter 14 titled “Organizations within the Ministry, Institute, Center and Temple”; see Chapter 15 titled “Discipline of Members”; see Chapter 16 titled “By-laws”; see Chapter 17 titled “Amendments”; and see Chapter 18 titled “Continuing Resolutions”.

 

a.)      A distinct legal existence: We are a formal legal entity called a Non-Incorporated Non-Profit Association[9].   See section C1.02, C1.02, C.1.03 titled “Name and Association and Declaration”.

 

b.)      A recognized creed and form of worship: Buddhism (Buddhist Ayurveda) and its myriad spiritual healing practices from China, Tibet, Nepal and India.  See sections C2.01 through C2.17.

 

c.)      A definite and distinct ecclesiastical government: The Board of Directors, the Council of Pastor Counselors, the Congregation Committees and regular Congregation Meetings, and the Organizations within the Ministry, Institute, Center and Temple.  See Chapter 5 titled “Statement of the Legal Powers of the Ministry, Institute, Center and Temple”; see Chapter 8 titled “Membership in the Ministry, Institute, Center and Temple”; see Chapter 9 titled “Pastoral Counselors (Ministers) of the Ministry, Institute, Center and Temple”; see Chapter 10 titled “Regular Congregation Meetings”; see Chapter 11 titled “The Board of Directors”; see Chapter 12 titled “Council of Pastoral Counselors”; see Chapter 13 titled “Congregation Committees”; see Chapter 14 titled “Organizations within the Ministry, Institute, Center and Temple”; see Chapter 15 titled “Discipline of Members”; see Chapter 16 titled “By-laws”; see Chapter 17 titled “Amendments”; and see Chapter 18 titled “Continuing Resolutions”.

 

d.)      A formal code of doctrine and discipline: The ancient Buddhist, Taoist, Confucian, Hindu, Vedanta and Yogic Scriptures and Teachings (as cited in sections C2.04, C2.06, and C2.07 - See our website dedicated to the ancient Scripture Sutras: www.MedicineBuddha.com.) and the Yogic Yama and Niyama, the Buddhist Five Precepts, Eight Precepts, Ten Precepts, Sangha Vinaya Precepts and Bodhisattva Precepts for the Laity (Moral Commandments).   See section C2.16 titled “Moral Precepts Sacrament of the Medicine Buddha Wholistic Ministry (MBWM) and the Medicine Buddha Healing Center (MBHC) and Temple: Adhering to Biblical and Buddhist Scriptural Standards of Conduct”. Also see Chapter 5 titled “Statement of the Legal Powers of the Ministry, Institute, Center and Temple”; see Chapter 9 titled “Pastoral Counselors (Ministers) of the Ministry, Institute, Center and Temple”; see Chapter 10 titled “Regular Congregation Meetings”; see Chapter 11 titled “The Board of Directors”; see Chapter 12 titled “Council of Pastoral Counselors”; see Chapter 13 titled “Congregation Committees”; see Chapter 14 titled “Organizations within the Ministry, Institute, Center and Temple”; see Chapter 15 titled “Discipline of Members”; see Chapter 16 titled “By-laws”; see Chapter 17 titled “Amendments”; and see Chapter 18 titled “Continuing Resolutions”.

 


See the Buddhist - Yogic Precepts

See the Code of Ethics for the School

See the Code of Ethics for Ayurvedic Practitioners

See the Buddhist Ayurvedic Five Precepts Sacrament


 



 

e.)      A distinct religious history: Our religious tradition dates back to the founding of the Buddhist religion by our Spiritual Head, the early fifth century B.C. founder of the Buddhist religion, Gautama Shakyamuni Buddha. The ancient Buddhist, Taoist, Confucian, Hindu, Vedanta and Yogic Scriptures and Teachings (as cited in sections C2.04, C2.06, and C2.07 - See our website dedicated to the ancient Scripture Sutras: www.MedicineBuddha.com.) and the Yogic Yama and Niyama, the Buddhist Five Precepts, Eight Precepts, Ten Precepts, Sangha Vinaya Precepts and Bodhisattva Precepts for the Laity (Moral Commandments).   See section C2.16 titled “Moral Precepts Sacrament of the Medicine Buddha Wholistic Ministry (MBWM) and the Medicine Buddha Healing Center (MBHC) and Temple: Adhering to Biblical and Buddhist Scriptural Standards of Conduct”.

 

f.)       A membership not associated with any other church or denomination:   Our congregation is not directly affiliated with an organized religion or preexisting Church, Monastery or Temple, although we do recognize the Buddhist healing beliefs of the Sagely City of Ten Thousand Buddhas (www.DRBA.org) as founded and promulgated by our founder’s teacher, the Venerable Buddhist Master Hsuan Hua.   The Buddhist Ayurveda religion is not an organized religion in the Catholic or “Western” sense, nor is it the intent of the Ministry, Institute, 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 Buddhism and the Buddhist Ayurveda religion.  Hence, our Ministry, Institute, Center and Temple is open to adherents of any spiritual tradition or of no particular tradition at all.  See section 8.02.c. titled “Membership Classification”.  Also see Chapter 5 titled “Statement of the Legal Powers of the Ministry, Institute, Center and Temple”; see Chapter 9 titled “Pastoral Counselors (Ministers) of the Ministry, Institute, Center and Temple”; see Chapter 10 titled “Regular Congregation Meetings”; see Chapter 11 titled “The Board of Directors”; see Chapter 12 titled “Council of Pastoral Counselors”; see Chapter 13 titled “Congregation Committees”; see Chapter 14 titled “Organizations within the Ministry, Institute, Center and Temple”; see Chapter 15 titled “Discipline of Members”; see Chapter 16 titled “By-laws”; see Chapter 17 titled “Amendments”; and see Chapter 18 titled “Continuing Resolutions”.

 

g.)      An organization of ordained ministers ministering to our congregation: We train via the Ayurveda Healing Arts Institute and ordain via the Medicine Buddha Healing Center our Pastoral Counselors who minister to our congregation and to other congregations throughout the world. See section 8.02.c. titled “Membership Classification”.  Also see Chapter 5 titled “Statement of the Legal Powers of the Ministry, Institute, Center and Temple”; see Chapter 9 titled “Pastoral Counselors (Ministers) of the Ministry, Institute, Center and Temple”; see Chapter 10 titled “Regular Congregation Meetings”; see Chapter 11 titled “The Board of Directors”; see Chapter 12 titled “Council of Pastoral Counselors”; see Chapter 13 titled “Congregation Committees”; see Chapter 14 titled “Organizations within the Ministry, Institute, Center and Temple”; see Chapter 15 titled “Discipline of Members”; see Chapter 16 titled “By-laws”; see Chapter 17 titled “Amendments”; and see Chapter 18 titled “Continuing Resolutions”.

 

h.)      Ordained ministers selected after completing a prescribed course of study: The Buddhist Ayurveda religion being a religion that encourages scholastic endeavors blended with spiritual practice, we prescribe and publicly offer for a suggested donation via the Ayurveda Healing Arts Institute a thorough course of formal professional and informal study for our Pastoral Counselors (Ministers) before ordination via the Medicine Buddha Healing Center.  This prescribed course of study is called the:  Pastoral Counselor Sangha-Laity Training Ordination Program.  See section C.2.10 entitled “Programs, Retreats and Ancient Buddhist Religious Holidays Celebrated by the Ministry, Institute, Center and Temple” and section C9.07 entitled: “Pastoral Counselors (Ministers) of the Ministry, Institute, Center and Temple)”.

 

i.)       This Buddhist Ayurveda religious study is both in-house (in our Ministry, Institute, Center and Temple at our Ayurveda Healing Arts Institute at 2427 McKinley Avenue, Suite 1 [at the corner of Addison and Shattuck in Berkeley, California] and also is held at the unaffiliated Berkeley Buddhist Monastery / Institute for World Religions[10] [at 2304 McKinley Avenue and Bancroft in Berkeley, California]) and external through pilgrimages and formal training at kindred Dharma Centers, Institutes, Schools, Colleges, Universities, Monasteries and Nunneries in the USA, Asia or Europe or elsewhere.  

Our free-of-charge space for worship, study and Buddhist Ayurveda classes is offered regularly each week to the public by donation-only by the Berkeley Buddhist Monastery / Institute for World Religions (which is unaffiliated with the Medicine Buddha Healing Center and its Ayurveda Healing Arts Institute). 

The unaffiliated Berkeley Buddhist Monastery / Institute for World Religions which was founded by one of our main spiritual influences, the Venerable Buddhist Master Hsuan Hua – a renowned and most respected Senior Monk Sage Dharma Master healer from China who taught healing through six methods:   1. By daily following the Precepts (moral code),   2. Through regular reading-studying-teaching-reciting the myriad scriptures (Sutras),   3. Through daily meditation (Ch’an Dhyana Samadhi meditation),   4. Through daily chanting the Buddha’s name,   5. Through daily chanting prayers and mantras such as the Great Compassion Mantra, the Forty-Two Hands and Eyes of Avalokiteshvara, the Medicine Master Buddha Mantra, and the Shurangama Mantra,   6. Through proper daily healthy healing Sattvic diet, foods and right lifestyle,    7.  Through taking healing herbs combined with mantra chanting over the herbs. 

The Medicine Buddha Healing Center and Ayurveda Healing Arts Institute’s director Ven. Losang Jinpa, studies and practices regularly since February 1997 at the unaffiliated Berkeley Buddhist Monastery / Institute for World Religions with the Venerable Master Hsuan Hua’s senior monks of the Sagely City of Ten Thousand Buddhas Monastery (www.drba.org). 

Each year we offer a 5 Week Summer Pastoral Counselor Ordination Program and a formal extensive Buddhist Ayurvedic Practitioner program.  In this, the Ayurveda Healing Arts Institute (Medicine Buddha Healing Center) offers in-person classes and distance learning (correspondence course) formats leading to four professional diploma certifications resulting in possible formal ceremonial ordination as a Buddhist Ayurveda Pastoral Counselor:  1. Clinical Ayurveda Therapist (C.A.T.) - 225 hours, 15 trimester units.   2. Clinical Ayurvedic Herbalist (C.A.H.) - 1250 hrs, 50 trimester units.   3. Clinical Herbal Specialist (C.A.H.S.) - 900 hrs, 75 trimester units.   4. Master Ayurvedic Herbalist (M.A.H.) - 1,800 hrs, 108 trimester units. 

In our Buddhist Ayurveda religion, we believe that the Earth’s healing herbs, plants, minerals, metals and gems are sacred living beings with Buddhas and Boddhisattvas, Gods, dragons, and kind spirits associated with them and are consecrated ceremonial sacramental offerings to the Medicine Master Buddha. 

These Buddhist Ayurveda certification diploma ordained ministerial programs are open to all and are offered free of charge by suggested donation only (Buddhist concept of “dana paramita” – the “Perfection of Giving”) with no one ever turned away from the training, practice and certification due to lack of funds.  We operate entirely on donations in the ancient tradition of righteous Buddhist monasteries the world-over. 

Visit our website www.Ayurveda-California.com for detailed catalog and open-house dates.  Small class size with day, evening or weekend classes in Berkeley, California or sometimes Las Vegas, Nevada incorporating hands-on, supervised clinical[11] Buddhist Ayurveda religion case studies with in-depth academic coursework based on ancient Buddhist Ayurvedic classic texts.  Our comprehensive interactive personalized curriculum includes audio-video, PowerPoint slides, textbooks, supplemental reading and herb sample packets. Distance Learning available by mail via CD or over Internet. Taught by Ven. Losang Jinpa[12], D.Ayur; Dr. Bill Celentano, Osteopathic Physician; and Ayurvedic Physician Dr. Partap Chauhan, B.A.M.S.
  

Also see Chapter 2 (C.2.10) entitled “Programs, Retreats and Ancient Buddhist Religious Holidays Celebrated by the Ministry, Institute, Center and Temple”, Chapter 5 titled “Statement of the Legal Powers of the Ministry, Institute, Center and Temple”; see Chapter 9 titled “Pastoral Counselors (Ministers) of the Ministry, Institute, Center and Temple”; see Chapter 10 titled “Regular Congregation Meetings”; see Chapter 11 titled “The Board of Directors”; see Chapter 12 titled “Council of Pastoral Counselors”; see Chapter 13 titled “Congregation Committees”; see Chapter 14 titled “Organizations within the Ministry, Institute, Center and Temple”; see Chapter 15 titled “Discipline of Members”; see Chapter 16 titled “By-laws”; see Chapter 17 titled “Amendments”; and see Chapter 18 titled “Continuing Resolutions”.

 

j.)       A literature of our own:  We follow the unique Sutra Scriptures of Mahayana Buddhism and Buddhist Ayurveda and its liturgical teachings and have developed our own unique Medicine Master Buddha Prayer Books and Buddhist Ayurveda Liturgy that blends the ancient Buddhist Ayurveda Healing Traditions of China, Tibet, Nepal and India.  These ancient Scriptures and Holy Writ are formally taught to potential ordained Pastoral Counselors via the Ayurveda Healing Arts Institute with both in-person classroom-based and distance learning (correspondence course) diploma-certificate-granting ordination-optional and have been rigorously and formally studied by our Pastoral Counselors.  (Cited in sections C2.04, C2.06, and C2.07 - See our website dedicated to the ancient Scripture Sutras: www.MedicineBuddha.com.)  

 

k.)     Established places of worship: Pastoral Counselors (Ministers) provide regular public worship services at our Ministry, Institute, Center and Temple located at a rented public space at 100 Berkley Square (at the corner of Addison and Shattuck on the second floor above Pollo’s Restaurant 50 feet from the Downtown Berkeley BART train station at the East Addison Street exit).  The rent is $350 per month.  From time to time, services and worship may be offered in our rectory (parsonage) located at the same location and also at other parsonages and Dharmic locations in Berkeley, San Francisco, California, Albuquerque, New Mexico and Las Vegas, Nevada.

 

l.)       Regular congregations:  Our Ministry, Institute, Center and Temple publishes our regular congregational worship schedule via routine distribution of flyers, advertisements, our Internet website: www.Medicine-Buddha.org, www.Ayurveda-California.com, www.Ayurveda-Berkeley.com, and via electronic mail.  Many of our daily religious services, congregations and religious classes are hosted at the unaffiliated Berkeley Buddhist Monastery.  This ensures a regular congregation of worshipers and spiritual practitioners. See section 8.02.c. titled “Membership Classification”.  Also see Chapter 5 titled “Statement of the Legal Powers of the Ministry, Institute, Center and Temple”; see Chapter 9 titled “Pastoral Counselors (Ministers) of the Ministry, Institute, Center and Temple”; see Chapter 10 titled “Regular Congregation Meetings”; see Chapter 11 titled “The Board of Directors”; see Chapter 12 titled “Council of Pastoral Counselors”; see Chapter 13 titled “Congregation Committees”; see Chapter 14 titled “Organizations within the Ministry, Institute, Center and Temple”; see Chapter 15 titled “Discipline of Members”; see Chapter 16 titled “By-laws”; see Chapter 17 titled “Amendments”; and see Chapter 18 titled “Continuing Resolutions”. 

 

m.)    Regular religious services: Our regularly published worship services and retreats attract consistent congregations of worshipers and spiritual practitioners from all walks of lifeThey are held daily (Tuesday, Wednesday, Thursday, Friday and Saturday) from 5 PM to 9:30 PM at 2304 McKinley Street in Berkeley, California and several times per week by appointment only at 2427 McKinley Avenue, Suite 1, Berkeley, California.  See section C2.10 titled “Programs, Retreats and Ancient Buddhist Religious Holidays Celebrated by the Ministry, Institute, Center and Temple”   See section 8.02.c. titled “Membership Classification”.  Also see Chapter 5 titled “Statement of the Legal Powers of the Ministry, Institute, Center and Temple”; see Chapter 9 titled “Pastoral Counselors (Ministers) of the Ministry, Institute, Center and Temple”; see Chapter 10 titled “Regular Congregation Meetings”; see Chapter 11 titled “The Board of Directors”; see Chapter 12 titled “Council of Pastoral Counselors”; see Chapter 13 titled “Congregation Committees”; see Chapter 14 titled “Organizations within the Ministry, Institute, Center and Temple”; see Chapter 15 titled “Discipline of Members”; see Chapter 16 titled “By-laws”; see Chapter 17 titled “Amendments”; and see Chapter 18 titled “Continuing Resolutions”.

 

n.)      Sunday schools for religious instruction:  Since late January of 2000, our Ministry, Institute, Center and Temple has offered to the public and to our congregation a free-of-charge Sunday school for religious instruction on the ancient Buddhist Indo-Tibetan Ayurveda classic: the Medicine Master Buddha Sutra Scripture.  These classes have attracted a steady following of 5 to 10 students each class.  We have continued these Buddhist Ayurvedic Sunday school classes and practices from 2 PM to 7 PM every Saturday at 1607 Shattuck Avenue at Cedar Street at the kindly hosted space at the Elephant Pharmacy (think of Ganesh the Ayurvedic God of Wisdom) free of charge in order to spread the venerable wisdom of the Buddha, the Dharma (the Buddhist, Hindu and Yogic Scriptures and Teachings), and the Sangha (the lay and religious practitioners). See section 8.02.c. titled “Membership Classification”.  Also see Chapter 5 titled “Statement of the Legal Powers of the Ministry, Institute, Center and Temple”; see Chapter 9 titled “Pastoral Counselors (Ministers) of the Ministry, Institute, Center and Temple”; see Chapter 10 titled “Regular Congregation Meetings”; see Chapter 11 titled “The Board of Directors”; see Chapter 12 titled “Council of Pastoral Counselors”; see Chapter 13 titled “Congregation Committees”; see Chapter 14 titled “Organizations within the Ministry, Institute, Center and Temple”; see Chapter 15 titled “Discipline of Members”; see Chapter 16 titled “By-laws”; see Chapter 17 titled “Amendments”; and see Chapter 18 titled “Continuing Resolutions”.

 

o.)      School for preparation of its ministers:  Via the Ayurveda Healing Arts Institute, the Medicine Buddha Healing Center formally prepares Pastoral Counselors for ministerial service to our congregation and to support the Buddha, the Dharma (the Buddhist, Hindu and Yogic Scriptures and Teachings), and the Sangha (the lay and religious practitioners).  See points g., h., i., j., and n. above for more details.

 

C1.05:  Additionally, we wish to confirm that our Ministry, Institute, Center and Temple:

a.)      Hold services and meetings on a regular basis;

b.)      Have ministers (Pastoral Counselors) and other representatives;

c.)      Have a record of performing Buddhist ceremonies and sacraments;

d.)      Have a rented and regular place of public worship located at 100 Berkley Square (at the corner of Addison and Shattuck on the second floor above Pollo’s Restaurant 50 feet from the Downtown Berkeley BART train station at the East Addison Street exit), Berkeley, California.  The rent is $350 per month. From time to time, services and worship may be offered in our rectory (parsonage) located at the same location and also at other parsonages and Dharmic locations in Berkeley, San Francisco, California, Albuquerque, New Mexico and Las Vegas, Nevada.  The Berkeley Buddhist Monastery / Institute for World Religions (which is unaffiliated with the Medicine Buddha Healing Center) hosts our worship and classes by offering us space free-of-charge on a regular basis.  This space is located at 2304 McKinley Street (one block west of Martin Luther King) at the corner of Bancroft. We gratefully acknowledge the kindred support of the unaffiliated Berkeley Buddhist Monastery / Institute for World Religions in helping the Medicine Buddha Healing Center and its Ayurveda Healing Arts Institute to teach, spread and practice the proper Dharmic healing teachings throughout the West.

e.)      Have a rented parsonage / rectory (the rent is approximately $1500 per month) which is located in a secret retreat center location as stipulated by the ancient practices of the Buddhist Sages which require serious cultivators of the Way to have a solitary undisclosed private place in which to practice and cultivate the Way without hindrances from external forces. This secret spiritual retreat location acts as a permanent residence for our Pastor and Rector, who is by these Articles of Association and Organization, the President of our Council of Pastoral Counselors.  (See section C.12.02 entitled: Parsonage Allowance for the President of the Council of Pastoral Counselors [The Rector])   This tax free parsonage allowance has been formally designated by the local congregation in these Articles of Association and Organization (pursuant to official action enumerated herein in section C.12.02) in advance of the payment;

f.)       Ordain ministers (Pastoral Counselors);

g.)      Require some financial support (suggested donations) by its members (congregation);

h.)      Have a formal existence and operation  (as a Non-Incorporated Non-Profit Association governed by the laws of the State of New Mexico and the State of California and organized and publicly operated exclusively for the religious purposes elaborated in these Articles of Association and Organization);

i.)       Satisfy all other requirements of Internal Revenue Code 501(c)(3). The religious Association (Church), that is to say the Ministry, Institute, Center and Temple is in no way under the jurisdiction of the Internal Revenue Service (IRS), the Social Security Administration, or any other government organization, agency, or agent (federal, state or local).  Any attempt by any government or private agent or agency to regulate our above described religious educational practices and spiritual practices is in violation of our now declared First[13], Fourth, Sixth and Ninth Amendment Constitutional rights.  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 our Ministry, Institute, Center and Temple and its Pastoral Counselors, faculty, students, congregation, and members under the First, Fourth, Sixth and Ninth Amendments, as enumerated in these Articles of Association and Organization and in our Pastoral Counselor’s Declaration of First Amendment Constitutional Rights (Section C2.14) and Pastoral Counselor’s Declaration of First, Fourth, Sixth and Ninth Amendment Constitutional Rights (Section C2.15), that they may be in violation of the Pastoral Counselor’s civil and constitutional rights, Title 42, U.S.C. 1983 et seq. and Title 18, Section 241.  We hereby declare, all rights reserved without prejudice;

j.)       Have a body of believers or communicants who assemble regularly in order to worship;

k.)     Are protected and entitled to and now, hereby claim, any and all rights granted under the First Amendment[14] 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, Pastoral Counselors, 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, Institute, Center and Temple) is perpetual.

 

C1.07: The address of the Non-Incorporated Non-Profit Association's initial registered office is 9312 Montgomery NE, Suite C, Albuquerque, New Mexico 87111.  The IRS EIN (Employer Identification Number) Notification Form address[i] is listed as 2436 Figueroa NE, Albuquerque, New Mexico since this was the home address of the President of the Association and the registered agent at both of these addresses was Ven. Losang Jinpa.  The current address of the Non-Incorporated Non-Profit Association's registered office is 2427 McKinley Avenue, Suite 1 (corner of Addison at Shattuck), Berkeley, California.

The religious Association (Church), that is to say the Ministry, Institute, Center and Temple is in no way under the jurisdiction of the Internal Revenue Service (IRS), the Social Security Administration, or any other government organization, agency, or agent (federal, state or local).  Any attempt by any government or private agent or agency to regulate our above described religious educational practices and spiritual practices is in violation of our now declared First[15], Fourth, Sixth and Ninth Amendment Constitutional rights.  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 our Ministry, Institute, Center and Temple and its Pastoral Counselors, faculty, students, congregation, and members under the First, Fourth, Sixth and Ninth Amendments, as enumerated in these Articles of Association and Organization and in our Pastoral Counselor’s Declaration of First Amendment Constitutional Rights (Section C2.14) and Pastoral Counselor’s Declaration of First, Fourth, Sixth and Ninth Amendment Constitutional Rights (Section C2.15), that they may be in violation of the Pastoral Counselor’s civil and constitutional rights, Title 42, U.S.C. 1983 et seq. and Title 18, Section 241.  We hereby declare, all rights reserved without prejudice.

 

 

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 founding trustees are as follows (See Chapter 11 - The Board of Directors - for details)

 

Ven. Losang Jinpa                                              President and Ordained Pastoral Counselor
2436 Figueroa NE, Albuquerque, New Mexico
e-mail: reverend-kreuzer@medicine-buddha.org

Rev. Mark “Satish” Giedraitis                         Secretary and Ordained Pastoral Counselor
10804 Towner NE, Apt. C, Albuquerque, New Mexico
e-mail:
reverend-satish@medicine-buddha.org

Rev. Adam Smolen                                            Treasurer and Ordained Pastoral Counselor
10084 Menaul NE, # B25, Albuquerque, New Mexico
e-mail: reverend-smolen@medicine-buddha.org

 



 

 

The names and addresses of the founders and initial congregation members of the Non Incorporated Non-Profit Association are as follows:

 

 

Ven. Losang Jinpa                                              President and Ordained Pastoral Counselor
2436 Figueroa NE, Albuquerque, New Mexico
e-mail: reverend-kreuzer@medicine-buddha.org

 

Rev. Mark “Satish” Giedraitis                         Secretary and Ordained Pastoral Counselor
10804 Towner NE, Apt. C, Albuquerque, New Mexico
e-mail:
reverend-satish@medicine-buddha.org

 

Rev. Adam Smolen                                            Treasurer and Ordained Pastoral Counselor
10084 Menaul NE, # B25, Albuquerque, New Mexico
e-mail: reverend-smolen@medicine-buddha.org

 

The number of trustees constituting the current Board of Directors is four and the names and addresses, and position of the trustees are as follows (See Chapter 11 - The Board of Directors - for details)

 

Ven. Losang Jinpa                 President and Ordained Pastoral Counselor
Swami Member
2427 McKinley Avenue, Suite 1, Berkeley, California
e-mail: Call Us Instead at 510-292-6696!

Rev. Scott Roos                                 Secretary and Ordained Pastoral Counselor
Initiate Member
Trayam Healing Ministries
c/o Rev. Scott Roos
5648 Hawthorne Place
New Orleans, Louisiana 70124/TDC

Rev. Jai Hanuman Fournier                 Treasurer and Ordained Pastoral Counselor
Initiate Member
2427 McKinley Avenue, Suite 1, Berkeley, California
 

Rev. Mark “Satish” Giedraitis             Board Member and Ordained Pastoral Counselor
Initiate Member
2427 McKinley Avenue, Suite 1, Berkeley, California

 

C1.09:  The principal office of the Non-Incorporated Non-Profit Association was located in the City of Albuquerque, Bernalillo County, State of New Mexico at such place as the Board may from time to time direct by resolution.  The Board in 2002 decided to move the principal office to Berkeley, California in May 2002 so as to reach a larger audience of potential Buddhist Ayurveda students, practitioners and worshipers and to enlarge the congregation due to the large racially diverse Buddhist Ayurvedic community in Berkeley.   Additionally being in Berkeley allowed the Medicine Buddha Healing Center to save money by using space donated for classes and practice by the unaffiliated Dhanvantari Ayurveda Center and the unaffiliated Berkeley Buddhist Monastery.  Medicine Buddha Healing Center still maintains a mailing address in New Mexico at the original 2436 Figueroa NE location where Buddhist Ayurvedic practitioners continue to meet and worship regularly.

 

C1.10: 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 and Temple”.



 

 

 

 

Chapter 2 – Declaration of Religious Faith, Practices and Constitutional Rights

 

 

Declaration of Faith – Ministry, Center, Temple and Pastoral Counselor’s Detailed Declaration of First Amendment Constitutional Rights

 

As part of our rights protected under the Articles of the Constitution of the United States of America, the Constitution of the State of New Mexico, and the Constitution of the State of California, we hereby declare the following formal religious tenets and beliefs and practices.

 

C2.01: Our Ministry, Institute, Center and Temple declares that it believes in our Spiritual Head: the Medicine Master Buddha, and Ganesha, and, in the early fifth century B.C. founder of the Buddhist religion: Gautama Shakyamuni Buddha, in the Exalted Buddhist Saints Supreme Healer Bodhisattva, King of Healing Bodhisattva, Guan Yin (Indian Avalokiteshvara, Tibetan Chen Rezig) Great Compassion Bodhisattva, Manjushri Great Wisdom Bodhisattva, and all of the Healing Buddhas and Sage Bodhisattvas of the Ten Directions and the Three Periods of Time and in the Buddhist educational call of our teacher the Venerable Buddhist Master Hsuan Hua (the founder of the Sagely City of Ten Thousand Buddhas and the Dharma Realm Buddhist University).

C2.02: Our Ministry, Institute, Center and Temple educate people in the care of their body as a temple of the Soul and the Buddha Nature.  We believe that we are called by the Medicine Buddha to help them to rest their minds in the realization that Divinity and the Buddha Nature inheres in, as well as transcends, every particle in the Universe and all its beings.

C2.03: Our Ministry, Institute, 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 our Spiritual Head: the Medicine Master Buddha, and Ganesha, and, of the early fifth century B.C. founder of the Buddhist religion: Gautama Shakyamuni Buddha, of the Exalted Buddhist Saints Supreme Healer Bodhisattva, King of Healing Bodhisattva, Guan Yin (Indian Avalokiteshvara, Tibetan Chen Rezig) Great Compassion Bodhisattva, Manjushri Great Wisdom Bodhisattva, and in the teachings of all of the Healing Buddhas and Sage Bodhisattvas of the Ten Directions and the Three Periods of Time and in the Buddhist educational call of our teacher the Venerable Buddhist Master Hsuan Hua.

 

Sutra Scriptures and Sacred Literature of the Ministry, Institute, Center and Temple:
Part of our Constitutionally Protected Rights

 

C2.04: Our Ministry, Institute, Center and Temple declares that we practice the Way of the Medicine Buddha 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 Medicine Master Buddha Sutra Scriptures.

2.)      The Tibetan Buddhist Padmasambhava and Vairochana’s Four Healing Tantras Scriptures (Rgyud Bzi or Ju Shee or Amrta Hrdaya Astanga Guhyopadesha Tantra).

3.)      The Indian Buddhist Nagarguna’s Sushruta Samhita and Yoga Shataka of the Tibetan Tanjur (Tripitaka) Scriptures.

4.)      The Indian Buddhist Vagbhata’s Astangha Hridayam and Samgraha Samhita Scriptures.

5.)      The Avatamsaka Flower Adornment Sutra and the Dharma Flower (Lotus) Sutra, The Shurangama Sutra, and the Shurangama Mantra Commentary of Venerable Master Hsuan Hua, the Sutra of the Past Vows of Earth Store Bodhisattva, the Sutra in 42 Sections, the Brahma Net Sutra, the Amitabha Sutra, the Sixth Patriarch Sutra, Shantideva’s Way of the Bodhisattva.

6.)      The Dharani Sutra of Avalokiteshvara and the Forty-Two Hands and Eyes Mantra Commentary of Venerable Master Hsuan Hua, the Heart Sutra (Prajna Paramita), the Diamond Sutra.

7.)      The Atharva-Veda, Sama-Veda, and Rig-Veda Samhita Scriptures, The Eight Upanishads Scriptures, The Bhagavad Gita Scriptures, The Yoga Sutras of Patanjali.

8.)      The Chinese Huang Di’s Nei Jing Su Wen (Simple Questions) and Ling Shu (Spiritual Pivot) Scriptures.

 

C2.05: We declare that these above key Scriptures written over 1500 to 2500 years ago by famous Buddhists, Hindu and Yogic Sages from India, Tibet, Nepal and China form the unique heart of the religious teachings and practices of our Ministry, Institute, Center and Temple. The teaching of Gautama Shakyamuni Buddha, as stated in the 24th Precept of the Scripture titled “The Buddha Speaks the Brahma Net Sutra”, declares that a disciple of the Buddha who has formally taken the Buddhist Precepts (as our core founding Pastoral Counselors have), “must practice and study the Bodhisattva (sagely Buddhist) teachings and scriptures and moral codes”. [16] As part of our Ministry, Institute, Center and Temple, we encourage people to read, chant, study, meditate on, and practice daily these nine great Scriptures.  Using these nine great Scriptures as our core teachings, we formally prepare Pastoral Counselors for ministerial service to our congregation and to support the Buddha, the Dharma (the Buddhist, Hindu and Yogic Scriptures and Teachings), and the Sangha (the lay and religious practitioners).  See points g., h. and i. of section C1.04 above for more details.

C2.06:  We declare that, although we have developed our own unique Medicine Master Buddha Prayer Books and Liturgy that blends the ancient Buddhist Traditions of China, Tibet, Nepal and India, our daily religious ceremonies and regular Buddhist sacraments conform to the internationally recognized standard found in the “Sagely City of 10,000 Buddhas Daily Recitation Handbook[17] published by the Sagely City of Ten Thousand Buddhas Monastery where several of our Pastoral Counselors originally received their Precepts and Refuge Sacrament. 

C2.07: 

a.)      In addition to the above core Scriptures, we also encourage the study and practice of the moral, religious and day-to-day teachings of the following: Jesus Christ’s New Testament, Lao Tsu’s Tao Te Ching, Confucius’s Book of Changes, Madhava’s Nidana Roga Viniscaya, Sharngadhara’s Samhita, Bhava Mishra’s Bhavaprakasha, Nagarjuna Bodhisattva’s Rasaratnakara Rasayana Sutra, Li Shi Zhen’s Bin Hu Ma Xue, Wang Shu-he’s Mai Jing, and Zhang Zhong-jing's Shang Han Lun / Jin Gui Yao Lue, and the Collected Lectures of Tripitaka Master Hsuan Hua. 

b.)      To this end, we make these great texts available for study in our open-to-the-public 2000+ volume Medicine Master Buddha Library located at 2427 McKinley Avenue, Suite 1, Berkeley, California - See section C3.04.b. titled “Facilities of the Medicine Buddha Wholistic Ministry (MBWM), the Medicine Buddha Healing Center (MBHC) and Temple, and the Ayurveda Healing Arts Institute (AHAI).”  We also wish to offer them for non-profit sale in our Shurangama Samadhi Store and may also do so via the Internet.  (Those cited in sections C2.04, C2.06, and C2.07 shall be made available via our web site dedicated to the ancient Scripture Sutras: www.MedicineBuddha.com).

c.)      All proceeds from the non-profit sale (by suggested donation only) of these spiritual publications will benefit our Ministry, Institute, Center and Temple and its congregation.  Hence, following the Internal Revenue Code 501(c)(3) and the ethical non-self-seeking principles of Buddhism laid down by our Spiritual Head and the Founder of the Buddhist Religion, Gautama Shakyamuni Buddha, no part of our Ministry, Institute, 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, Institute, Center and Temple will not be organized or operated for the benefit of private interests, such as the creator or the creator’s family, shareholders of the organization (non-profits have no shareholders normally), other designated individuals, or persons controlled directly or indirectly by such private interests.[18]    See section C7.03 of these Articles of Association and Organization for more details on our policy of “No Private Benefit or Inurement.”   The religious Association (Church), that is to say the Ministry, Institute, Center and Temple is in no way under the jurisdiction of the Internal Revenue Service (IRS), the Social Security Administration, or any other government organization, agency, or agent (federal, state or local).  Any attempt by any government or private agent or agency to regulate our above described religious educational practices and spiritual practices is in violation of our now declared First[19], Fourth, Sixth and Ninth Amendment Constitutional rights.  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 our Ministry, Institute, Center and Temple and its Pastoral Counselors, faculty, students, congregation, and members under the First, Fourth, Sixth and Ninth Amendments, as enumerated in these Articles of Association and Organization and in our Pastoral Counselor’s Declaration of First Amendment Constitutional Rights (Section C2.14) and Pastoral Counselor’s Declaration of First, Fourth, Sixth and Ninth Amendment Constitutional Rights (Section C2.15), that they may be in violation of the Pastoral Counselor’s civil and constitutional rights, Title 42, U.S.C. 1983 et seq. and Title 18, Section 241.  We hereby declare, all rights reserved without prejudice;

 

 

Showing Respect for Sutra Scriptures and Sacred Literature of the Ministry, Institute, Center and Temple

 

C2.08:  All Sutra Scriptures and Sacred Literature of the Ministry, Institute, 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 auspiciousness and avoid harm, to change their falseness and move toward wholesomeness, to understand cause and effect of the three periods of time (past, present, and future), to recognize the original Buddha-Nature (beyond even the Divine-Nature) that we are all replete with, to transcend the suffering of being in the sea of birth and death, and to gain rebirth in the Medicine Master Buddha’s Healing Lapis Lazuli Land in order to study the Healing Dharma directly with the Medicine Master Buddha.  Therefore, anyone reading such texts should bring forth a mind of gratitude and reflect upon how hard it is to encounter them.  One should wash one’s hands before handling these texts and wipe clean the surface upon which one places them.  By being reverent and sincere toward Buddhist texts as one would be when encountering the Buddhas or Gods or as when one is when one is beside one’s teacher, one can attain limitless benefits (grace, merit and virtue).  But if one is shamelessly negligent, sloppy and disrespectful, headstrong and prejudiced, and from such falseness gives rise to slander, then one’s offenses will fill up the skies and one will suffer endless karmic retributions.   So all people of the world, please heed this advice: Stay far away from creating karmic offenses and seek always for what is beneficial in order to leave suffering and obtain bliss.[20]

 

Ancient Scriptural Language and Sacred Text Study Abroad:
A Formal Buddhist Missionary Exchange Program

 

C2.09:

a.)      Our Ministry, Institute, Center and Temple believes that these ancient Sutra Scriptures proceeded our formal Non-Incorporated Non-Profit Association by at least 1500 to 2500 years.  These Sutra Scriptures come to us across long drifting centuries and can be found on the extant stone pillars of Ashoka the Great Buddhist King of ancient India, on the silk and bamboo manuscripts of China, Tibet and India that have been discovered in excavated ruins of tombs, temples and cities.  The written languages of China, Tibet and India (Chinese Hanzi characters, Tibetan script, and Indian Sanskrit Devanagari script) have not changed much since their usage more than 1500 to 2500 years ago. 

b.)      Hence, although these Scriptures have been translated to English, in order to fathom their profound meaning in the original language, we encourage our congregation to study Chinese, Tibetan and Sanskrit languages, as some of our Pastoral Counselors have done and continue to do. 

c.)      To this end, we declare that our Ministry, Institute, Center and Temple and its congregation and members encourage and financially support our President of the Pastoral Counselors (the Rector of the Ministry) and duly and fairly selected Pastoral Counselors in their continued native immersion study of the sacred Buddhist vocabulary (as described in the ancient Holy Sutra Scriptures (cited in sections C2.04, C2.06, and C2.07) found in the ancient languages of Asia through:
1.  yearly Buddhist sacred site pilgrimages;
2.  regular local USA-based language study;
3.  yearly language study abroad, and;
4.  through inviting and sponsoring both secular and clerical native-speaking Buddhist practitioners and healers from China, Tibet, India, Sri Lanka and other Buddhist lands to come teach at our Ministry, Institute, Center and Temple as guest Pastoral Counselors. 

d.)      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 Pastoral Counselors to travel to Asia and for native-Asian secular and clerical Buddhist practitioners and healers to obtain “missionary status” visas for exchange visits to come live at and be financially supported by our Ministry, Institute, Center and Temple.

 

Programs, Retreats and Ancient Buddhist Religious Holidays Celebrated by the Ministry, Institute, Center and Temple

 

C2.10: We observe and celebrate the following Buddhist and other holidays and offer the following regularly scheduled educational, Sunday School, Minister Ordination Trainings (Ayurveda Healing Arts Institute – www.Ayurveda-California.com), religious services, and retreats:

 

January: Ch’an Meditation Retreat, Anniversary of Gautama Shakyamuni Buddha’s Enlightenment, Ch’an (Zen -Dyana) Meditation Retreat, Monthly Memorial of Venerable Reverend Master Hsuan Hua’s Entering Nirvana Enlightenment (Monthly Liturgical Ceremonial Chanting of Master Hua’s 18 Great Vows and Recitation of Record of the Life), Epiphany, Martin Luther King Day Prayer Recitation and Playing of Speeches)

 

February: Buddhist Saint Avatamsaka Bodhisattva’s Birthday (Liturgical Ceremonial Chanting – Recitation – Homily of the Avatamsaka Sutra Scripture), Great Buddhist Saint Maitreya Bodhisattva’s Birthday, Chinese New Year (Mantra Prayer Recitation), Tibetan New Year (Mantra Prayer Recitation), Samadhi Light Buddha’s Birthday, Venerable God Shakra’s (Indra) Birthday, Monthly Memorial of Venerable Reverend Master Hsuan Hua’s Entering Nirvana Enlightenment, Tibetan Cho-truil Duechen (Day of Offerings), President’s Day Recitation and Repentance

 

March: Pastoral Counselor Sangha-Laity Training Ordination Program (www.Ayurveda-California.com) begins, Gautama Shakyamuni Buddha’s Leaving Home (becoming a renunciate monk) Day (Liturgical Ceremonial Chanting – Recitation – Homily of the Brahma Conduct Chapter 16 of the Avatamsaka Flower Adornment Sutra Scripture), Sixth Chinese (Thirty-Third Indian) Buddhist Patriarch’s (the Great Venerable Reverend Master Hui Neng) Birthday (Liturgical Ceremonial Chanting – Recitation – Homily of the Sixth Patriarch Sutra Scripture), Exalted Buddhist Saint Guan Yin (Indian Avalokiteshvara, Tibetan Chen Rezig) Great Compassion Bodhisattva’s Birthday (Liturgical Ceremonial Chanting – Recitation – Homily of the Universal Door Chapter 25 of the Wonderful Dharma Lotus Flower Sutra Scripture),  Monthly Memorial of Venerable Reverend Master Hsuan Hua’s Entering Nirvana Enlightenment, Gautama Shakyamuni Buddha’s Entering Nirvana Enlightenment, Vernal Equinox, Guan Yin Repentance Sacramental Ceremony - Prayer Recitation, Buddhist Saint Universal Worthy Samantabadhra Bodhisattva’s Birthday (Liturgical Ceremonial Chanting – Recitation – Homily of the Universal Worth’s Conduct and Vows Chapter 40 Avatamsaka Flower Adornment Sutra), Cherishing Youth Day

 

April: Tomb Sweeping Day (Memorial of the those who have passed on to rebirth), Monthly Memorial of Venerable Reverend Master Hsuan Hua’s Entering Nirvana Enlightenment, Ten Thousand Buddha’s Jeweled Repentance Liturgical Sacramental Ceremony, Venerable Reverend Master Hsuan Hua’s Birthday, Palm Sunday Prayer Recitation, Great Master Chang Jr’s Leaving Home Day, Passover Prayer Recitation, Buddhist Saint Chundi Bodhisattva’s Birthday, Good Friday (Jesus Christ’s Samadhi Day), Easter Sunday (Jesus Christ’s Nirvana Enlightenment Day) Prayer Recitation

 

May: Gautama Shakyamuni Buddha’s Birthday, Buddhist Saint Manjushri Great Wisdom Bodhisattva’s Birthday, Monthly Memorial of Venerable Reverend Master Hsuan Hua’s Entering Nirvana Enlightenment, Mother’s Day Prayer Recitation, Memorial Day Prayer Recitation, Exalted Buddhist Saint King of Healing Bodhisattva’s Birthday (key holiday of the year for our Medicine Buddha Healing Ministry, Institute, Center and Temple’s congregation)

 

June: The Ascension of Mary (Guan Yin Goddess of Compassion) into Indra’s Heaven Prayer Recitation, Monthly Memorial of Venerable Reverend Master Hsuan Hua’s Entering Nirvana Enlightenment, Pentecost Prayer Recitation, Avatamsaka (Wonderful Flower Adornment) Sutra Scripture Lecture - Recitation – Chanting 21 Day Retreat and Liturgical Ceremony, Father’s Day Prayer Recitation, Tibetan Sake-Dawa (Shakyamuni Buddha’s Birth, Enlightenment and Parinirvana Day, Flag Day Prayer Recitation, Summer Solstice, Graduation from our Pastoral Counselor Sangha-Laity Training Ordination Program, 5 Week Summer Pastoral Counselor Sangha-Laity Training Ordination Program begins

 

July: Completion of the Avatamsaka Sutra Recitation, Wei Tou Bodhisattva’s Birthday, Independence Day Prayer Recitation for the Peace of the Country, H.H. the XIVth Dalai Lama’s Birthday Prayer Recitation, Monthly Memorial of Venerable Reverend Master Hsuan Hua’s Entering Nirvana Enlightenment, Celebration of Exalted Buddhist Saint Guan Yin (Indian Avalokiteshvara, Tibetan Chen Rezig) Great Compassion Bodhisattva’s Enlightement with weeklong prayer recitation (nama japa), Tibetan Zamling Chisang (Universal Prayer Day), Ch’an (Zen) Beginner’s Meditation Session

 

August: Choe-Khor Duechen (Shakyamuni Buddha’s First Teaching), Monthly Memorial of Venerable Reverend Master Hsuan Hua’s Entering Nirvana Enlightenment, Celebration of Exalted Buddhist Saint Great Strength Bodhisattva’s Birthday, Celebration of Ullambana, Celebration of Exalted Buddhist Saint Nagarjuna (Dragon Tree) Bodhisattva’s Birthday, Bodhisattva Precepts Study Week and Sacrament Day, Celebration of Exalted Buddhist Saint Earth Store (Kshiti Garbha – Di Zang Wang Pu Sa) Bodhisattva’s Birthday with weeklong scripture sutra recitation, the Venerable Master Hsu Yun’s Birthday, the Venerable Sixth Patriarch’s Nirvana Enlightenment Day

 

September: Labor Day Prayer Recitation, Monthly Memorial of Venerable Reverend Master Hsuan Hua’s Entering Nirvana Enlightenment, Grandparent’s Day Prayer Recitation, Burning Lamp Buddha of Antiquity’s Birthday, Autumnal Equinox Prayer Recitation, Confucius’ Birthday Recitation of the Book of Changes and the Confucian Classic Texts, Rosh Hashanah Prayer Recitation

 

October: Monthly Memorial of Venerable Reverend Master Hsuan Hua’s Entering Nirvana Enlightenment, Venerable Master Hsu Yun’s Nirvana Enlightenment Day, Yom Kippur Prayer Recitation, Columbus Day Prayer Recitation, Great Master Chang Ren’s Leaving Home (becoming a renunciate monk) Day, Venerable Master Hua’s Leaving Home Day, Great Master Chang Jr’s Nirvana Enlightenment Day, Foundation-Level 800 Hour 9 Month Pastoral Counselor Sangha-Laity Training Ordination Program begins, Celebration of Exalted Buddhist Saint Guan Yin (Indian Avalokiteshvara, Tibetan Chen Rezig) Great Compassion Bodhisattva’s Leaving Home Day with weeklong prayer recitation (nama japa),  Medicine Master Buddha’s Birthday (key holiday of the year for our Medicine Buddha Healing Ministry, Institute, Center and Temple’s congregation), Venerable First Chinese Buddhist Patriarch Bodhidharma’s Birthday

 

November: Advanced-Level 120 Hour 2 Month Study-Abroad Pastoral Counselor Sangha-Laity Training Ordination Program / India Sacred Site Pilgrimage begins sometimes led by Ven. Losang Jinpa, Monthly Memorial of Venerable Reverend Master Hsuan Hua’s Entering Nirvana Enlightenment, Diwali Prayer Recitation, Veteran’s Day Prayer Recitation, Tibetan Lha-Bab Duechen (Shakyamuni Buddha’s Descent from Heaven) Prayer Recitation, Thanksgiving Day Prayer Recitation, Introduction to Meditation, Ramadan Prayer Recitation

 

December: Monthly Memorial of Venerable Reverend Master Hsuan Hua’s Entering Nirvana Enlightenment, Amitabha Buddha’s Birthday Celebration with weeklong prayer recitation (nama japa), Anniversary of the Coronation of 1989 Nobel Peace Prize to the H.H. the XIVth Dalai Lama Prayer Recitation,Winter Solstice Prayer Recitation, Hanukkah Prayer Recitation, Christmas Prayer Recitation, 3 Week Long Ch’an (Zen) Meditation Retreat


 

Declaration of Belief in Karma, the Three Evil Poisons, and the Three Humors

 

C2.11: We declare that we believe that karma (actions and thoughts made in this life and in past lives of earlier incarnations) determine our health and well-being.  Hence, we declare that the Pastoral Counselors of this Ministry, Institute, 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 acknowledge that all ill health is caused by the three poisons of greed, passion or desire (raga in Sanskrit, dod chags in Tibetan), anger or hatred (krodha or dvesha in Sanskrit, ze sdan in Tibetan) and stupidity, ignorance or illusion (moha in Sanskrit, gti mug in Tibetan).   We further acknowledge that all ill health brought on by such greed, hatred or stupidity is further effected by our food and drink, our daily conduct (vihara in Sanskrit, spyod lam in Tibetan), the time or season, and by toxic, evil or malevolent matter, energies, spirits (bhutas in Sanskrit, gdon in Tibetan), or demons.   All of these factors cause vitiation, accumulation, aggravation, spreading, deposition, manifestation and differentiation of the three humors or faults (doshas in Sanskrit or nes pa in Tibetan) into the body-mind-spirit complex’s tissues. 

 

 

Declaration of Belief in Health and Balance in Body-Mind-Spirit and the Path to Its Attainment as a Constitutionally Protected and Natural Right

 

C2.12: We declare that we believe the teaching of Medicine Master Buddha and the Buddhas, Bodhisattvas, and Great Sage Healers (below mentioned in see section C4.02.b.) is that one cannot attain spiritual enlightenment, liberation, heaven, moksha, nirvana, or anutara-samyaksam-bodhi (the perfect and unequalled enlightenment of all Buddhas), unless one has health and balance of mind and body.   As stated in the Tibetan Buddhist Padmasambhava and Vairochana’s Four Healing Tantras Scriptures (Rgyud Bzi or Ju Shee or Amrta Hrdaya Astanga Guhyopadesha Tantra), “Religious practices (Dharma) are not possible by a person having unclean body and mind.”  (See Section C2.04, entitled: “Sutra Scriptures and Sacred Literature of the Ministry, Institute, Center and Temple: Part of our Constitutionally Protected Rights”)   Hence in order to create such a pure sattvic body-mind-spirit complex required for deeper religious practice, we declare and claim the constitutionally protected rights of this Ministry, Center, Temple, congregation and its Pastoral Counselors to minister the Indo-Tibetan religious purification sacrament, ceremony and ritual referred to as Pancha Karma (without being required to obtain a license from any governmental authority – see section C2.15.2 and section C2.13.c) to any of our congregation members and to others who freely seek our services (or by our congregation members to offer to each other or to others who seek our services).  (See section C8.032 entitled: “Privileges and Duties of Members of the Congregation”.)

Declaration of Belief in Divine Spirit and the Religiously Inspired and Divinely Directed Ministerial Path of our Pastoral Counselors as a Constitutionally Protected Right

 

C2.13:

We declare that we believe in and recognize the Divine Spirit of the Universe (the Buddha Nature within), for the Spirit makes things live or die, to suffer or to be healed. We believe in devotionally surrendering to God (and taking refuge in the Buddha) (called bakti in Sanskrit). Voltaire said, “The physician’s job is to entertain, while God heals.”  In the 1300-year-old Tibetan Buddhist Healing Arts traditions that we follow, a healer regards herbs and healing substances, ministrations, rituals, ceremonies, modalities and regimens, as an actual religious offering to the Medicine Buddha and all the other medicine deities such as Sri Dhanvantari and Sri Ganesha and Sri Ram.  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."[21]  We declare that our motto is “"Bringing fun, friendship, spirituality and the joy of service back into healthcare."  This motto is inspired by the friendly “Clown Bodhisattva” energy of Patch Adams, who has inspired Medicine Buddha Healing Center to offer house-calls – just like the traditional country doctor of yesteryear, our Pastoral Counselors are able to visit you directly in San Francisco or the East Bay at your home or office for a health consultation or Ayurvedic massage rather than you having to come to the Medicine Buddha Healing Center in downtown Berkeley. 

a.)      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, ingestion of, smoking of, gift of, offering of, non-profit sale of, education on, or spiritual recommendation of (pastoral counseling) by our Pastoral Counselors 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 and Indian herbs, minerals, metals, mineral herbal bhasma compounds, 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 ][22]) are an integral part of our ancient Buddhist religious tenets, beliefs, doctrines and practices (as described in the ancient Holy Sutra Scriptures cited in sections C2.04, C2.06, and C2.07 and as taught by the Medicine Master Buddha, and Ganesha, and and the Buddhas, Bodhisattvas, and Great Sage Healers mentioned in section C4.02.b.) 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, minerals, metals, mineral herbal bhasma compounds, foods, oils, ghees (clarified herbal butter), vitamins or minerals (which may be the property of the Ministry, Institute, Center and Temple, its congregation, Pastoral Counselors, or members) or the Bureau for Private Postsecondary and Vocational Education attempt to regulate such above described religious educational practices is in violation of our now declared First[23], Fourth, Sixth and Ninth Amendment Constitutional rights. 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 or education of such sacred herbs, minerals, metals, mineral herbal bhasma compounds, 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[24].  We declare, all rights reserved without prejudice.

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, 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 Pastoral Counselors 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 (“the practice of religious tenets of this Buddhist church in the ministration to the sick or suffering by mental or spiritual means as provided by the law”[25]) which may include but are not limited to spiritual use of ancient Buddhist holy herbs (food supplements [see the FDA’s DSHEA Act] (see section C2.13.b. entitled: “Declaration of Belief in Divine Spirit and the Religiously Inspired and Divinely Directed Ministerial Path of our Pastoral Counselors as a Constitutionally Protected Right”), aromas, healing foods, ancient Sino-Indo-Tibetan Buddhist spiritual practices (including but not limited to kayachikitsa [Tibetan lus], bala-tantra [Tibetan byis], matr-roga [Tibetan mo nad], agada-tantra [Tibetan dug or visa], bhuta-vidya [Tibetan gdon], rasayana tantra [Tibetan bcud len], vajikarna tantra [Tibetan ro tsa], darshana, sparshan, prasna, rugna patrakam, nadi pariksha [Tibetan rtsa], jhiva pariksha, mala pariksha, mutra pariksha [Tibetan chu], shabda pariksha, akriti pariksha, drig pariksha, chikitsa, rasayana, shodana [Tibetan rtsa sbyon], pancha karma, snehana [Tibetan snum-chos], abhyanga [Tibetan byug pa], gandusha, karna  purana, pada snehan, svedana [Tibetan dugs], tapa svedan, upanaha swedan, ushma swedan, drava sweda, anagni sweda, nadi swedan, vamana, virechan [Tibetan bsal], anuvasana basti [Tibetan jam rtsi], niruha basti [Tibetan ni ru ha], matra basti, nasya, rakta moksha [Tibetan gtar], shamana, deepan, pachan, ksut nigraha, trut nigraha, atapa, chandra seva, anjana, dhumana, netra basti, shiro dhara, ratna chikitsa [Tibetan rin po che], asavaarista [Tibetan Sman chan], Ghana sara [Tibetan kha nda], bhasma [Tibetan thal sman], aushadha ghrta-taila [Tibetan sman mar], avaleha [Tibetan lde gu], vatika or bati [Tibetan ril bu], churna [Tibetan phye], kvatha [Tibetan than]), pastoral counseling, laying of the hands (based on Chinese, Tibetan and Indian Buddhist-Taoist theories of foot, hand, ear, head reflexology, qi [chi] and meridian or srotas theories) along with anointing [Tibetan byugs pa, Sanskrit lepa), color work, turiya polarity, marma (gnad in Tibetan) point pressure, reflexology, steam, mineral and herbal baths (Tibetan lums, Sanskrit avagaha), prayer practice, chanting practice, meditation practice, Yoga practice, Chinese ba huo guan practice (Tibetan bum pa, Indian ghati yantra), Indian agni karma (Tibetan bsreg or Chinese jianjie jiu) practice, Tai Qi practice, Chinese dian ce fa practice, Qi Gong practice, Bhasma Rasa Shastra practice, and any other non-invasive, positive means of pastoral caring are an integral part of our ancient Buddhist religious tenets, beliefs, doctrines and practices (as described in the ancient Holy Sutra Scriptures cited in sections C2.04, C2.06, and C2.07 and as taught by the Medicine Master Buddha, and Ganesha, and and the Buddhas, Bodhisattvas, and Great Sage Healers mentioned in section C4.02.b.) and are hence, constitutionally protected religious tenets, beliefs, doctrines and practices.  We declare, all rights reserved without prejudice. 

c.)      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, Institute, Center and Temple, its congregation, Pastoral Counselors, 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 Buddhist healing (“the practice of religious tenets of this Buddhist church in the ministration to the sick or suffering by mental or spiritual means as provided by the law”[26]) is in violation of our now declared First, Fourth, Sixth and Ninth Amendment Constitutional rights. 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 Buddhist healing (“the practice of religious tenets of this Buddhist church in the ministration to the sick or suffering by mental or spiritual means as provided by the law”[27]) is in violation of our now declared First, Fourth, Sixth and Ninth Amendment Constitutional rights.  We declare, all rights reserved without prejudice. See section C2.15.3.c. titled “Pastoral Counselor’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 Online Document”); see section C8.03.a. titled “Privileges and Duties of Members of the Congregation”; and also see section C9.12.e. titled “Pastoral Counselors (Ministers) of the Ministry, Institute, Center and Temple”.

d.)      We believe that by the grace of the benevolence of the Medicine Master Buddha, and Ganesha, and, the Divine Spirit, other medicine deities such as Sri Dhanvantari and Sri Ganesha, and all of the Buddhas, Bodhisattvas, and Great Sage Healers (below mentioned in see section C4.02.b.), compassion and loving kindness is placed in the heart of our Pastoral Counselors to help awaken the healing light within an individual.  This healing light is the planting of the seeds of enlightenment.

 

 

 

Pastoral Counselor’s Declaration of First Amendment Constitutional Rights

 

C2.14:

a.)      In order to carry out the Holy and Compassionate Mission of the Healing Buddhas and to bring to fruition the 12 Great Vows of the Medicine Master Buddha, with heart and soul studying, practicing and following the teachings of the Medicine Master Buddha and the Buddhas, Bodhisattvas, and Great Sage Healers (below mentioned in see section C4.02.b.), as described in the ancient Holy Sutra Scriptures (cited in sections C2.04, C2.06, and C2.07), each of the Pastoral Counselors of this Ministry, Institute, 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, Institute, Center and Temple by educating these persons in the ways of the Medicine Buddha’s wholistic living and thinking.  For it is stated in the Ancient Buddhist Scriptures of India and Tibet: “A healer, even though well versed in the knowledge and remedy of affliction, that does not enter into the heart of the person with the virtue of light and love, will not be able to heal them.”   This citation comes also from the Buddhist Saint and 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.”[28]

b.)     Hence, we declare that in striving to fulfill this above cited spiritual healing mission, each of the Pastoral Counselors of this Ministry, Institute, 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 C2.04, C2.06, and C2.07. 

c.)      Hence, we declare that in striving to fulfill this above cited spiritual healing mission, each of the Pastoral Counselors of this Ministry, Institute, 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” (“the practice of religious tenets of this Buddhist church in the ministration to the sick or suffering by mental or spiritual means as provided by the law”[29]) in order to facilitate the possibility of attaining spiritual enlightenment, liberation, heaven, moksha, nirvana,  or anutara-samyaksam-bodhi (the perfect and unequalled enlightenment of all Buddhas).

d.)     Hence, we declare that the Pastoral Counselors of this Ministry, Institute, Center and Temple in fulfilling this religious mission may minister (see section C2.15.3.c. titled “Pastoral Counselor’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 Online Document”]) any gentle means of healing (“the practice of religious tenets of this Buddhist church in the ministration to the sick or suffering by mental or spiritual means as provided by the law”[30]) which may include but are not limited to spiritual use of ancient Buddhist holy herbs (food supplements [see the FDA’s DSHEA Act] (see section C2.13.b. entitled: “Declaration of Belief in Divine Spirit and the Religiously Inspired and Divinely Directed Ministerial Path of our Pastoral Counselors as a Constitutionally Protected Right”), aromas, healing foods, ancient Sino-Indo-Tibetan Buddhist spiritual practices (including but not limited to kayachikitsa [Tibetan lus], bala-tantra [Tibetan byis], matr-roga [Tibetan mo nad], agada-tantra [Tibetan dug or visa], bhuta-vidya [Tibetan gdon], rasayana tantra [Tibetan bcud len], vajikarna tantra [Tibetan ro tsa], darshana, sparshan, prasna, rugna patrakam, nadi pariksha [Tibetan rtsa], jhiva pariksha, mala pariksha, mutra pariksha [Tibetan chu], shabda pariksha, akriti pariksha, drig pariksha, chikitsa, rasayana, shodana [Tibetan rtsa sbyon], pancha karma, snehana [Tibetan snum-chos], abhyanga [Tibetan byug pa], gandusha, karna  purana, pada snehan, svedana [Tibetan dugs], tapa svedan, upanaha swedan, ushma swedan, drava sweda, anagni sweda, nadi swedan, vamana, virechan [Tibetan bsal], anuvasana basti [Tibetan jam rtsi], niruha basti [Tibetan ni ru ha], matra basti, nasya, rakta moksha [Tibetan gtar], shamana, deepan, pachan, ksut nigraha, trut nigraha, atapa, chandra seva, anjana, dhumana, netra basti, shiro dhara, ratna chikitsa [Tibetan rin po che], asavaarista [Tibetan Sman chan], Ghana sara [Tibetan kha nda], bhasma [Tibetan thal sman], aushadha ghrta-taila [Tibetan sman mar], avaleha [Tibetan lde gu], vatika or bati [Tibetan ril bu], churna [Tibetan phye], kvatha [Tibetan than]), pastoral counseling, laying of the hands (based on Chinese, Tibetan and Indian Buddhist-Taoist theories of foot, hand, ear, head reflexology, qi [chi] and meridian or srotas theories)  along with anointing [Tibetan byugs pa, Sanskrit lepa), color work, turiya polarity, marma (gnad in Tibetan) point pressure, reflexology, steam, mineral and herbal baths (Tibetan lums, Sanskrit avagaha), prayer practice, chanting practice, meditation practice, Yoga practice, Chinese ba huo guan practice (Tibetan bum pa, Indian ghati yantra), Indian agni karma (Tibetan bsreg or Chinese jianjie jiu) practice, Tai Qi practice, Chinese dian ce fa practice, Qi Gong practice, Bhasma Rasa Shastra practice, and any other non-invasive, positive means of pastoral caring are an integral part of our ancient Buddhist religious tenets, beliefs, doctrines and practices (as described in the ancient Holy Sutra Scriptures cited in sections C2.04, C2.06, and C2.07 and as taught by the Medicine Master Buddha and the Buddhas, Bodhisattvas, and Great Sage Healers mentioned in section C4.02.b.) 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 Pastoral Counselors of this Ministry, Institute, Center and Temple in fulfilling this religious mission claim their natural, God-given rights and constitutional rights as both natural persons[31] and sovereign citizens of the State of New Mexico and of the State of California to perform their ministerial duties for this congregation and for those who freely seek the healing items, services (as described in section C2.14.d. above) and publications of this Ministry, Institute, Center and Temple as protected under the Article Amendment I and Article IX of the Constitution of the United States of America.


 

 

Pastoral Counselor’s “Laying of Hands” is NOT Massage Therapy

 

f.)       We declare that the ancient tradition of “laying of hands” or “laying on of hands” is not massage therapy, nor is it massage, therapeutic massage, body massage, myomassage, bodywork, body rub, or any derivation of those terms.  We declare that in practicing under the auspices of the Ministry, Institute, Center and Temple the ancient spiritual tradition of “laying of hands” that the Ministry, Institute, Center and Temple and its Pastoral Counselors 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 service in the State of New Mexico and California, “laying of hands” is not.  Although our  Pastoral Counselors 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[32], 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.  When such techniques may be used by our Pastoral Counselors, they are for the exorcism and elimination of malevolent, evil, and toxic energies and spirits (bhuta, unmade, dushtagraha, sarpagraha and visha in Sanskrit) from the body-mind-soul-consciousness complex through the combined use of the chanting of Buddhist Sanskrit, Tibetan and 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.

 

Pastoral Counselor’s Are Not Practicing Medicine, But Are Practicing Religion: State of New Mexico Medical Practice Act’s Religious Tenet Exclusions and Exemptions

 

g.)     We declare that our Ministry, Institute, Center and Temple and its Pastoral Counselors do not practice medicine under the auspices of the Ministry, Institute, Center and Temple.  This declaration does not however, preclude licensed health professionals, who also happen to be Pastoral Counselors of the Ministry, Institute, Center and Temple from practicing medicine or licensed health care professions independent from the Ministry, Institute, Center and Temple if they are licensed by the State. 

h.)     We declare that in following the exclusively religious tax-exempt non-profit purposes, duties and actions of the Ministry, Institute, Center and Temple, that the Ministry, Institute, Center and Temple and its Pastoral Counselors 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, Institute, Center and Temple and its Pastoral Counselors 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, Institute, 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.), Licensed Acupuncturist (L.Ac.) or a Doctor of Osteopathy (D.O.), a Chiropractor (D.C.). 

i.)       The Ministry, Institute, Center and Temple’s Pastoral Counselors 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, Institute, Center and Temple’s Pastoral Counselors declare that they do not treat disease or symptoms, instead they give pastoral counsel and advice for promoting the body-mind-spirit complex’s natural health potential.  The Ministry, Institute, Center and Temple’s Pastoral Counselors declare that they do not give medicines or remedies, but they do teach right Buddhist perspectives on lifestyle and healthy and spiritual habits while recommending, suggesting advising and offering options to reestablish balance.  Our Pastoral Counselors work with those who freely seek the healing items, services and publications of this Ministry, Institute, 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, ageing and others in order to facilitate the possibility of attaining spiritual enlightenment, liberation, heaven, moksha, nirvana,  or anutara-samyaksam-bodhi (the perfect and unequalled enlightenment of all Buddhas).

j.)       We declare that all of these above listed (see section C2.14.d.) practices of our Pastoral Counselors and congregation are “the practice of religious tenets of our Church, it congregation and its ministers (Pastoral Counselors) in the ministration to the sick or suffering by mental or spiritual means as provided by the law.”[33]

 

Pastoral Counselors Are Not Practicing Medicine, But Are Practicing Religion: FDA’s DSHEA Act and other regulations

 

k.)      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 dysfunctioning (e.g., hypertension); except that diseases resulting from essential nutrient deficiencies (e.g.., scurvy, pellagra) are not included in this definition.”[34]    Hence, we declare that our Pastoral Counselor’s ministrations “do not diagnose, mitigate, treat, cure, or prevent disease” or illness or symptoms as defined by the FDA and the State of New Mexico.  We declare that our Pastoral Counselor’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.”[35]  

l.)       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 Pastoral Counselor and the person who seeks their ministrations clearly educational and removes any intent to prescribe for a particular disease or illness.  

m.)    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.

n.)     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 cited in sections C2.04, C2.06, and C2.07 and as taught by the Medicine Master Buddha and the Buddhas, Bodhisattvas, and Great Sage Healers mentioned in section C4.02.b.  Hence, to this end, we hereby publicly state the following disclaimer in conjunction with all of our Pastoral Counselors’ gentle means of healing (“the practice of religious tenets of this Buddhist church in the ministration to the sick or suffering by mental or spiritual means as provided by the law”[36]) which is ministered to all those who freely seek the healing items, services and publications of this Ministry, Institute, 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, Institute, Center and Temple and its Pastoral Counselors 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.”[37]

o.)     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.[38]    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 Pastoral Counselors in performance of its spiritual and religious functions, practices and duties.  We declare that all words written by and speech spoken by our Pastoral Counselors and the faculty and students of the Ayurveda Healing Arts Institute in the performance of their ministerial duties to be religious constitutionally protected speech and writings.  

“CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SEC. 4.
Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the State. The Legislature shall make no law respecting an establishment of religion.”[39]

“CALIFORNIA CONSTITUTION ARTICLE 1 DECLARATION OF RIGHTS SEC. 2. (a)
Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.”

 

p.)     We note that the American Medical Association (AMA) does not define as remedies diet regimens.

 

Pastoral Counselors Are Not Practicing Medicine, But Are Practicing Religion: State of New Mexico Oriental Medicine Practice Act Religious Tenet Exclusions and Exemptions

 

q.)     We declare that we acknowledge that the New Mexico Oriental Medicine Practice Act states that it shall not apply to or affect the following practices, provided that the individual does not hold himself out as a doctor of oriental medicine or as practicing acupuncture or oriental medicine exempting from the act, among other things: “(3) the counseling about or the teaching or demonstration of breath techniques; (4) the counseling or teaching about diet and nutrition; (5) the spiritual or lifestyle counseling of any individual or spiritual group, or the practice of religious tenets of any church; or (6) the providing of information about the general usage of herbal medicines, homeopathic medicines, vitamins, minerals, enzymes or glandular or nutritional supplements.”   We declare that we do not practice “oriental medicine” except if a Pastoral Counselor is licensed to do so. 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.”

r.)       We declare that all of these above listed (see section C2.14.d.) practices of our Pastoral Counselors 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 (Pastoral Counselors).[40]

 

Pastoral Counselor’s Are Not Practicing Nutrition or Dietetics, But Are Practicing Religion

 

s.)      We declare that our Ministry, Institute, Center and Temple and its Pastoral Counselors do not practice “nutrition” or “dietetics” under the auspices of the Ministry, Institute, Center and Temple.  This declaration does not however, preclude licensed health professionals, who also happen to be Pastoral Counselors of the Ministry, Institute, Center and Temple from practicing nutrition or dietetics or licensed health care professions independent from the Ministry, Institute, 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, Institute, Center and Temple, that the Ministry, Institute, Center and Temple and its Pastoral Counselors do not practice “nutrition” or “dietetics”, nor are we practicing “nutrition or dietetics practice”, “nutrition care services”, “nutritional assessment”, “nutrition counseling” or acting as “nutritionists” or “dieticians.”

t.)       We note that the American Medical Association (AMA) does not define as remedies diet regimens.

 

 

Pastoral Counselor’s Declaration of First, Fourth, Sixth, and Ninth Amendment Constitutional Rights and Rights Conferred by Article I, Section X of the U.S. Constitution[41] (Part of the Informed Consent and Full Disclosure Online Document)

 

C2.15: Hence, we declare that each of the Pastoral Counselors of this Ministry, Institute, 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, Institute, 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’ Pastoral Counselors 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, Institute, Center and Temple and its Pastoral Counselors) include, but are not limited to the following constitutionally protected rights:

1.)      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.

2.)      The right to teach, minister, implement and encourage the use of the above cited (see section C2.14.d.) “gentle means for healing the body-mind-spirit from its afflictions and sufferings” (“the practice of religious tenets of this Buddhist church in the ministration to the sick or suffering by mental or spiritual means as provided by the law”[42]) in order to facilitate the possibility of attaining spiritual enlightenment, liberation, heaven, moksha, nirvana,  or anutara-samyaksam-bodhi (the perfect and unequalled enlightenment of all Buddhas) without being required to obtain a license from any governmental authority (see section C2.12), and to do so in a manner consistent with the Pastoral Counselor’s training and background.

3.)      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, Institute, Center and Temple’s Pastoral Counselors shall not provide or minister any service that they are not qualified to provide based on their experience and education;

b.)   The Ministry, Institute, Center and Temple’s Pastoral Counselors shall make no false misrepresentation(s) about their education and training experience;

c.)    The Ministry, Institute, Center and Temple’s Pastoral Counselors in fulfilling our religious mission may minister (see section C2.14.c. titled “Pastoral Counselor’s Declaration of First Amendment Constitutional Rights”) any gentle means of healing (“the practice of religious tenets of this Buddhist church in the ministration to the sick or suffering by mental or spiritual means as provided by the law”[43]) which may include but are not limited to spiritual use of ancient Buddhist holy herbs (food supplements [see the FDA’s DSHEA Act] (see section C2.13.b. entitled: “Declaration of Belief in Divine Spirit and the Religiously Inspired and Divinely Directed Ministerial Path of our Pastoral Counselors as a Constitutionally Protected Right”), aromas, healing foods, ancient Sino-Indo-Tibetan Buddhist spiritual practices (including but not limited to kayachikitsa [Tibetan lus], bala-tantra [Tibetan byis], matr-roga [Tibetan mo nad], agada-tantra [Tibetan dug or visa], bhuta-vidya [Tibetan gdon], rasayana tantra [Tibetan bcud len], vajikarna tantra [Tibetan ro tsa], darshana, sparshan, prasna, rugna patrakam, nadi pariksha [Tibetan rtsa], jhiva pariksha, mala pariksha, mutra pariksha [Tibetan chu], shabda pariksha, akriti pariksha, drig pariksha, chikitsa, rasayana, shodana [Tibetan rtsa sbyon], pancha karma, snehana [Tibetan snum-chos], abhyanga [Tibetan byug pa], gandusha, karna  purana, pada snehan, svedana [Tibetan dugs], tapa svedan, upanaha swedan, ushma swedan, drava sweda, anagni sweda, nadi swedan, vamana, virechan [Tibetan bsal], anuvasana basti [Tibetan jam rtsi], niruha basti [Tibetan ni ru ha], matra basti, nasya, rakta moksha [Tibetan gtar], shamana, deepan, pachan, ksut nigraha, trut nigraha, atapa, chandra seva, anjana, dhumana, netra basti, shiro dhara, ratna chikitsa [Tibetan rin po che], asavaarista [Tibetan Sman chan], Ghana sara [Tibetan kha nda], bhasma [Tibetan thal sman], aushadha ghrta-taila [Tibetan sman mar], avaleha [Tibetan lde gu], vatika or bati [Tibetan ril bu], churna [Tibetan phye], kvatha [Tibetan than]), pastoral counseling, laying of the hands (based on Chinese, Tibetan and Indian Buddhist-Taoist theories of foot, hand, ear, head reflexology, qi [chi] and meridian or srotas theories)  along with anointing [Tibetan byugs pa, Sanskrit lepa), color work, turiya polarity, marma (gnad in Tibetan) point pressure, reflexology, steam, mineral and herbal baths (Tibetan lums, Sanskrit avagaha), prayer practice, chanting practice, meditation practice, Yoga practice, Chinese ba huo guan practice (Tibetan bum pa, Indian ghati yantra), Indian agni karma (Tibetan bsreg or Chinese jianjie jiu) practice, Tai Qi practice, Chinese dian ce fa practice, Qi Gong practice, Bhasma Rasa Shastra practice, and any other non-invasive, positive means of pastoral caring are an integral part of our ancient Buddhist religious tenets, beliefs, doctrines and practices (as described in the ancient Holy Sutra Scriptures cited in sections C2.04, C2.06, and C2.07 and as taught by the Medicine Master Buddha and the Buddhas, Bodhisattvas, and Great Sage Healers mentioned in section C4.02.b.) and are hence, constitutionally protected religious tenets, beliefs, doctrines and practices.  We declare, all rights reserved without prejudice. 

d.) The Ministry, Institute, Center and Temple’s Pastoral Counselors 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 as stated in section C2.15.3.c., that are part of the Buddhist religious tradition as described in the ancient Holy Sutra Scriptures cited in sections C2.04, C2.06, and C2.07 and as taught by the Medicine Master Buddha and the Buddhas, Bodhisattvas, and Great Sage Healers (mentioned in section C4.02.b.);

e.)   The Ministry, Institute, Center and Temple’s Pastoral Counselors shall inform any one(s) to whom they provide or recommend items and services as stated in section C2.15.3.c. when the advice or schedule is experimental (see section C11.01.a.15. for tasks required by the President);

f.)  The Ministry, Institute, Center and Temple’s Pastoral Counselors shall avoid claiming that someone was “healed” of an ailment unless the malady remains ameliorated for five years of longer (see section C11.01.a.15. for tasks required by the President);

g.)   Any person(s) seeking herbal food supplement combos, healing items, education, advice pastoral counseling, publications, and services, as stated in section C2.15.3.c., shall be advised to seek a second evaluation from a “Primary Care Provider” (PCP)  such as a medical doctor (M.D.) or other licensed health professional such as a Doctor of Oriental Medicine (D.O.M.), Licensed Acupuncturist (L.Ac.), Licensed Acupuncturist (L.Ac.) unless they have already done so. (see section C11.01.a.15. for tasks required by the President)

4.)      The right to provide customer or member references upon request.

5.)      The right to use testimonials.

6.)      The right to provide information on the intended traditional Sino-Indo-Tibetan Buddhist 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, Institute, Center and Temple (and of all living beings for that matter) shall be the Pastoral Counselor’s sole concern.  All clients of the Ministry, Institute, Center and Temple shall be given access to an electronic copy (via www.Ayurveda-Berkeley.com) of the Pastoral Counselor’s Declaration of First Amendment Constitutional Rights (Section C2.14) and Pastoral Counselor’s Declaration of First, Fourth, Sixth and Ninth Amendment Constitutional Rights (Section C2.15) at the time of the initial “Pastoral Guidance Consultation.”

7.)      This Ministry, Institute, Center and Temple’s Pastoral Counselor’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, Institute, Center and Temple’s Pastoral Counselors claim a constitutional right to earn a living as a Buddhist Minister (Pastoral Counselor), to help others protect their property (their bodies) by consulting with the Pastoral Counselors, and the right to contract freely.

8.)      This Ministry, Institute, Center and Temple and the Pastoral Counselors 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, Institute, Center and Temple’s Pastoral Counselors, 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.

9.)      This Ministry, Institute, Center and Temple and the Pastoral Counselors and the congregation declares 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, Institute, Center and Temple and its ministers (the  Pastoral Counselors) 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.”

10.)    All rights retained herein are declared retroactive to the date of the Ministry, Institute, Center and Temple’s Pastoral Counselor’s 18th birthday.

11.)    The enumeration, in this Pastoral Counselor’s Declaration of First Amendment Constitutional Rights (Section C2.14) and Pastoral Counselor’s Declaration of First, Fourth, Sixth and Ninth Amendment Constitutional Rights (Section C2.15), of these rights shall not be construed to deny or disparage other rights retained by the Center and Temple’s Pastoral Counselors, 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.

12.)    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 Pastoral Counselors under the First, Fourth, Sixth and Ninth Amendments, as enumerated in these Articles of Association and Organization and in our Pastoral Counselor’s Declaration of First Amendment Constitutional Rights (Section C2.14) and Pastoral Counselor’s Declaration of First, Fourth, Sixth and Ninth Amendment Constitutional Rights (Section C2.15), that they may be in violation of the Pastoral Counselor’s civil and constitutional rights, Title 42, U.S.C. 1983 et seq. and Title 18, Section 241.

13.)    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, Institute, 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.

14.)    We acknowledge that having rights implies and requires responsible action.

15.)    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, Institute, Center and Temple, and its Pastoral Counselors do hereby declare “All rights reserved without prejudice.”  The First and Ninth Amendment declarations above, as enumerated in this Pastoral Counselor’s Declaration of First Amendment Constitutional Rights (Section C2.14) and Pastoral Counselor’s Declaration of First, Fourth, Sixth and Ninth Amendment Constitutional Rights (Section C2.15), follows this line of legal reasoning. 

e.)       This declaration states that we and our Pastoral Counselors 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, Institute, Center and Temple’s Pastoral Counselors, who in fulfilling our religious mission may minister (see section C2.14.c. titled “Pastoral Counselor’s Declaration of First Amendment Constitutional Rights”) any gentle means of healing (“the practice of religious tenets of this Buddhist church in the ministration to the sick or suffering by mental or spiritual means as provided by the law”[44]) which may include but are not limited to spiritual use of ancient Buddhist holy herbs (food supplements [see the FDA’s DSHEA Act] (see section C2.13.b. entitled: “Declaration of Belief in Divine Spirit and the Religiously Inspired and Divinely Directed Ministerial Path of our Pastoral Counselors as a Constitutionally Protected Right”), aromas, healing foods, ancient Sino-Indo-Tibetan Buddhist spiritual practices (including but not limited to kayachikitsa [Tibetan lus], bala-tantra [Tibetan byis], matr-roga [Tibetan mo nad], agada-tantra [Tibetan dug or visa], bhuta-vidya [Tibetan gdon], rasayana tantra [Tibetan bcud len], vajikarna tantra [Tibetan ro tsa], darshana, sparshan, prasna, rugna patrakam, nadi pariksha [Tibetan rtsa], jhiva pariksha, mala pariksha, mutra pariksha [Tibetan chu], shabda pariksha, akriti pariksha, drig pariksha, chikitsa, rasayana, shodana [Tibetan rtsa sbyon], pancha karma, snehana [Tibetan snum-chos], abhyanga [Tibetan byug pa], gandusha, karna  purana, pada snehan, svedana [Tibetan dugs], tapa svedan, upanaha swedan, ushma swedan, drava sweda, anagni sweda, nadi swedan, vamana, virechan [Tibetan bsal], anuvasana basti [Tibetan jam rtsi], niruha basti [Tibetan ni ru ha], matra basti, nasya, rakta moksha [Tibetan gtar], shamana, deepan, pachan, ksut nigraha, trut nigraha, atapa, chandra seva, anjana, dhumana, netra basti, shiro dhara, ratna chikitsa [Tibetan rin po che], asavaarista [Tibetan Sman chan], Ghana sara [Tibetan kha nda], bhasma [Tibetan thal sman], aushadha ghrta-taila [Tibetan sman mar], avaleha [Tibetan lde gu], vatika or bati [Tibetan ril bu], churna [Tibetan phye], kvatha [Tibetan than]), pastoral counseling, laying of the hands (based on Chinese, Tibetan and Indian Buddhist-Taoist theories of foot, hand, ear, head reflexology, qi [chi] and meridian or srotas theories)  along with anointing [Tibetan byugs pa, Sanskrit lepa), color work, turiya polarity, marma (gnad in Tibetan) point pressure, reflexology, steam, mineral and herbal baths (Tibetan lums, Sanskrit avagaha), prayer practice, chanting practice, meditation practice, Yoga practice, Chinese ba huo guan practice (Tibetan bum pa, Indian ghati yantra), Indian agni karma (Tibetan bsreg or Chinese jianjie jiu) practice, Tai Qi practice, Chinese dian ce fa practice, Qi Gong practice, Bhasma Rasa Shastra practice, and any other non-invasive, positive means of pastoral caring are an integral part of our ancient Buddhist religious tenets, beliefs, doctrines and practices (as described in the ancient Holy Sutra Scriptures cited in sections C2.04, C2.06, and C2.07 and as taught by the Medicine Master Buddha and the Buddhas, Bodhisattvas, and Great Sage Healers mentioned in section C4.02.b.) and are hence, constitutionally protected religious tenets, beliefs, doctrines and practices.  We declare, all rights reserved without prejudice. 

 

 

 

Moral Precepts Sacrament of the Medicine Buddha Wholistic Ministry (MBWM) and the Medicine Buddha Healing Center (MBHC) and Temple: Adhering to Biblical and Buddhist Scriptural Standards of Conduct

 

C2.16:

a.)      We declare that each of the Pastoral Counselors of this Ministry, Institute, 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 Buddha, the Dharma (the Buddhist, Hindu and Yogic Scriptures and Teachings), and the Sangha (the lay and religious practitioners).  We teach that a member of the Non-profit Buddhist Church called the Medicine Buddha Wholistic Ministry (MBWM), also legally referred to as the Medicine Buddha Healing Center and Temple (MBHC) and the students, staff and teachers of the Ayurveda Healing Arts Institute must make all efforts to follow either the Buddhist Five Precepts (Moral Commandments) or the Yogic / Hindu Ahimsa and/or Yogic Yama-Niyama in order to help to attain health, a calm meditative mind and perfect their wisdom.  The Buddhist Five Precepts are:

1.  No killing (“Do no harm” to any living being, hence we must be vegetarian and actively support alleviating the suffering of all living beings and the prevention of cruelty to animals[45])

2.  No stealing (no taking what is not given – including no tax evasion).  

3.  No sexual misconduct (no adultery, no promiscuity, no causing others or my own relationships to break due to excessive sexual desire) 

4.  No lying, no gossiping, no divisive speech, no harsh speech, no frivolous speech
.[46]  

5.  No taking of intoxicants, drugs or other substances that alter one’s mental state unless required as medicine.

The Flower Adornment Sutra, one of our key Buddhist Scriptures describes these moral precepts in a different and more positive way as the Ten Wholesome Deeds ("Dasa-Kusala" in Sanskrit):
1.  Abstention from killing (himsa). 
2.  Abstention from stealing (steya)
3.  Abstention from sexual misconduct (anyatha-kama)
4.  Abstention from lying (paisunya)
5.  Abstention from divisive speech or idle gossip (pralapa)  
6.  Abstention from harsh or abusive speech (parusha-vak) 
7.  Abstention from irresponsible or slanderous speech (sambhinna-alapa)
8.  Abstention from greed or jealousy (abhidhya or irsha)  
9.  Abstention from anger (apakara-cinta).  
10.  Abstention from foolishness or misguided views (drk-viparyaya)

c.)      In short: No greed, no anger, and no stupidity.

d.)     It is our recommendation that each member of the Medicine Buddha Wholistic Ministry (MBWM) and the Medicine Buddha Healing Center (MBHC) and Temple and students, staff and faculty of the Ayurveda Healing Arts Institute formally receive the Five Precepts in a Buddhist ceremony before at least two ordained Buddhist monks at a proper Buddhist Way Place Monastery that is part of the unaffiliated Dharma Realm Buddhist Association (www.DRBA.org) or receive the equivalent Yogic Yama-Niyama in a Yogic or Hindu ceremony. See section C2.16 titled “Moral Precepts Sacrament of the Medicine Buddha Wholistic Ministry (MBWM) and the Medicine Buddha Healing Center (MBHC) and Temple: Adhering to Biblical and Buddhist Scriptural Standards of Conduct”.  Our Pastoral Counselors must formally and ritually receive the ancient Lay Ordination (Upasaka – Dharma Protector) into the spiritual community.

e.)      One of our founding Pastoral Counselors, the Ven. Losang Jinpa, formally and ritually received the ancient Lay Ordination (Upasaka) into the Buddhist spiritual community by the September 1997 transmission of the Buddhist Five Precepts from the Venerable Monks Dharma Master Heng Sure Dharma Master Heng Sure was ordained as a Buddhist monk at the City of Ten Thousand Buddhas in Talmage, California, in 1976. After receiving full ordination he commenced a "three steps, one bow" pilgrimage from South Pasadena to Ukiah, a distance of more than eight hundred miles, over two years and nine months. Rev. Heng Sure currently serves as Director of the Berkeley Buddhist Monastery and is finishing his dissertation in the Doctoral program at the Graduate Theological Union (GTU), Berkeley, California. Rev. Heng Sure is interested in interfaith dialogue and is a Director of the United Religions Initiative.and Dharma Master Heng Hsien of the orthodox Sagely City of Ten Thousand Buddhas Monastery in Northern California.  These same Venerable Monks have also transmitted to Ven. Losang the Buddhist Eight Precepts and the Refuge with the Triple Jewel (the Buddha, the Dharma teaching, and the Sangha religious and lay community).  In April 2000, he received the Medicine Master Buddha Empowerment Sacramental Ceremony (from the Venerable Tibetan Monk Garchen Rinpoche of Garchen Monastery in Tibet).  In Summer of 2003, Ven. Losang spent the summer studying and chanting the Shurangama Sutra and Shurangama Mantra.

f.)       We require that all of the Ministry, Institute, Center and Temple’s activities be carried on subject to the moral and ethical principles of the Buddhist, Taoist, Hindu, and Yogic Scriptures and Teachings enumerated above under the heading: “Scriptures and Sacred Literature of the Ministry, Institute, Center and Temple” (sections C2.04 to C2.07)

g.)     We believe in and practice the spiritual, ethical and moral theories of Charaka, the great 5th century B.C. wandering Healer-Saint-Sage of our tradition, who asserts, “He, who ministers to his patients only on humanitarian grounds without desiring any money or personal benefit in return, supersedes all other healers.”[47]

h.)     In the spirit of Charaka and the great compassion of the Buddhas and Bodhisattvas, we require that all of the Ministry, Institute, 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 classes, regimens, modalities and services but insist that our congregation, members and any living being who seeks what we offer may make a tax-deductible charitable contribution (suggested donation) to our Ministry, Institute, Center and Temple in accordance with their inclinations and capacities.  No person is ever turned away from the Medicine Buddha Healing Center or the Ayurveda Healing Arts Institute due to lack of funds.

i.)       We require that all of the Ministry, Institute, 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.

j.)       We believe in, recite daily and practice the “Guiding Principles of the Medicine Buddha Wholistic Ministry, Healing Center and Temple” which states:
“Freezing to death, we do not scheme.  Starving to death we do not beg.  Dying of poverty, we ask for nothing.  We accord with conditions, but do not change.  We do not change, yet accord with conditions.  We adhere firmly to the Three Great Principles.  We renounce our lives to do the work of the Buddhas, Bodhisattvas, and Great Sage Healers[48].  We mold our destinies as our basic duty.  We rectify our lives to fulfill the Bodhisattva Supreme Healer’s role.  Encountering specific matters, we understand the principles.  Understanding the principles, we apply them to specific matters.  We carry on the single pulse of the Medicine Buddha’s mind-transmission.  Ask yourself: Do I fight?  Ask yourself: Am I greedy?  Ask yourself: Do I seek?   Ask yourself: Am I selfish?   Ask yourself: Do I pursue personal advantage?   Ask yourself: Do I lie?   Ask yourself: Do I cultivate diligently and regularly?   Ask yourself: Do I have the Bodhi Resolve for enlightenment (bodhichitta)?   These form the tradition of the Medicine Buddha Wholistic Ministry and Medicine Buddha Healing Center and Temple and no one can change them!”[49]

 


 

[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] We declare, acknowledge and religiously believe that these rights are unalienable. We declare, acknowledge and religiously believe that within the word unalienable is the word lien, which means an attachment or condition. We declare, acknowledge and religiously believe that our rights are un-a-lien-able, which means that no conditions shall be placed upon them. We declare, acknowledge and religiously believe that this doctrine is sometimes called “the doctrine of natural rights.”

 

[3] http://www.harbornet.com/rights/newmexio.txt 

CONSTITUTION OF THE STATE OF NEW MEXICO ADOPTED JANUARY 21, 1911 (AS AMENDED THROUGH 1974) PREAMBLE We, the people of New Mexico, grateful to Almighty God for the blessings of liberty, in order to secure the advantages of a state government, do ordain and establish this Constitution. ARTICLE II BILL OF RIGHTS, Section 11.  

 

[4] http://www.leginfo.ca.gov/cgi-bin/waisgate?waisdocid=69543218544+0+0+0&waisaction=retrieve  

 

Official site for California legislative information and the State Constitution. This WWW site is maintained by the Legislative Counsel of California, pursuant to California law. For more information, you may read Accessing California Legislative Information on the Internet

 

[5] “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.

 

[6] “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, Institute, Center and Temple’s activities do not further our stated purposes.

 

[7] 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.

 

[8] “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.

 

[9] 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

 

[10] The Medicine Buddha Healing Center and its Ayurveda Healing Arts Institute is not affiliated with the unaffiliated Berkeley Buddhist Monastery / Institute for World Religions of the Dharma Realm Buddhist Association of the Venerable Buddhist Master Hsuan Hua (www.DRBA.org).  The unaffiliated Berkeley Buddhist Monastery / Institute for World Religions do however, kindly allow us to offer our classes at their Buddha Hall and Library since we are a kindred religious group that offers classes and practices open to the public and free of charge with the possibility of accepting donations to cover our expenses.  However, no one is turned away from these classes and practices for lack of funds.

 

[11]

 

 

 

 

 

In our religious context of practicing Buddhist Ayurveda Religion (East Indian or Tibetan), Yoga, Jyotish and the Asian 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 Ayurvedic Therapist (C.A.T.)”, “Clinical Ayurvedic Specialist (C.A.S.)”, “Clinical Ayurvedic Herbalist (C.A.H.)”, Clinical Ayurvedic Herbalist Specialist (C.A.H.S.)”, designations 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 Ayurveda Healing Arts Institute’s and its parent, the Medicine Buddha Healing Center’s religious appellation “Clinical Ayurvedic Therapist” or sanctified “C.A.T.” 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.  Our Institute and Center’s appellation “Clinical Ayurvedic Therapist” or “C.A.T.” moniker and our other appellations are constitutionally protected religious titles bestowed upon duly ordained Ministers, Reverends, Pastoral Counselors, or Practitioners of the Institute and 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 Bureau for Private Postsecondary and Vocational Education of the State of California. The Institute’s and Center’s religious appellation “Master Herbalist” and it’s sanctified “M.H.” moniker and “Master Ayurvedic Herbalist” and it’s sanctified “M.A.H.” moniker has no affiliation or relationship with the American Herbalists Guild (www.AmericanHerbalistsGuild.com). 

 

[12] Ven. Losang Jinpa, Ph.D, an ordained Pastoral Counselor and one of the co-founders of the Medicine Buddha Healing Center and its Ayurveda Healing Arts Institute, the author of “Medicine Buddha Herbs”, completed a Six-Year 1800-hour Apprenticeship with spiritual teacher Dr. Vasant Lad, the world-renowned Ayurvedic Physician with 38 years experience who founded the Ayurvedic Institute – the premier Ayurvedic educational institution outside India. Trained by Dr. Lad as a clinician, pulse reader and teacher, Losang served on the Institute’s faculty where he taught herbology. A graduate of the Institute, Losang continued advanced clinical study where he observed Dr. Lad healing over 1900 patients in India and the US. Dr. Lad said, “Losang is a dedicated, compassionate, highly spiritual person who was put on this planet to heal people.”   Losang studies Buddhism with the Venerable Master Hsuan Hua’s senior monks of the City of Ten Thousand Buddhas Monastery (www.drba.org), and daily at the unaffiliated Berkeley Buddhist Monastery / Institute for World Religions where Losang lived for 10 months studying and teaching Buddhist Ayurveda, and practicing free Buddhist Ayurvedic medicine for the neighboring community.  He continues these healing consultations and classes now in Berkeley at the Medicine Buddha Healing Center and its Ayurveda Healing Arts Institute (www.Ayurveda-Institute.org) which are hosted at the unaffiliated Berkeley Buddhist Monastery (2304 McKinley Avenue) and the Medicine Buddha Healing Center at 2210 McKinley Avenue, Unit 4 (1 minute walk from Downtown Berkeley BART 1 block west of Martin Luther King, between Allston and Bancroft across from Bank of America Public Parking Lot - Click here for directions).

.

 

 

[13] “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.

 

[14] “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.

 

[15] “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.

 

[16] Bhikshuni (Buddhist Nun) Heng Tao, (translator from Chinese to English), Venerable Indian Buddhist Tripitika Scripture Master Kumarajiva (translator from Indian Sanskrit to Chinese), The Buddha Speaks the Brahma Net Sutra – The Ten Major and Forty-Eight Mindor Bodhisattva Precepts, Talmage, California: The City of Ten Thousand Buddhas and the Buddhist Text Translation Society of the Dharma Realm Buddhist University, (www.drba.org), 1982: pp. 35-36, The 26th and 27th Precept.  ISBN 0-917512-56-1.

 

[17] Ven. Master Hsuan Hua, Sagely City of 10,000 Buddhas Daily Recitation Handbook, Talmage, California: The City of Ten Thousand Buddhas and the Dharma Realm Buddhist Association, (www.drba.org), 1980, 1991, ISBN 0-88139-167-X.  This text was originally compiled during the Ching Dynasty (17th century A.D.) in China by National Buddhist Master Yu Lin.

 

[18] 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.

 

 

[19] “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.

 

[20] Based on the principles of the Sagely City of Ten Thousand Buddhas Monastery, Talmage, California.

 

[21] Charaka Samhita  VI. 1.4.62.

 

[22] We cite Rubin vs. Coors, 1995 – see P.2 of http://www.healthy.net/herbalists/practice.htm).

 

[23] “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.

 

[24] 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).

 

[25] 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.”

 

[26] 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.”

 

[27] 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.”

 

[28] Sushruta SaÑhitË. I.4.7.

 

[29] 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.”

 

[30] 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.”

 

[31] 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.

 

[32]  See NM ST 61-12C-4, Massage Therapy Defined, 20916, West’s New Mexico Statues Chapter 61, Professional and Occupational Licenses Article 12C, Massage Therapy Practice, Current through the First Regular Session of the Forty-Third Legislature (1997),  Text of section effective until July 1, 2000.  Copyright West Group, 1997.

 

[33] 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.”

 

[34] 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.

 

[35] 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.

 

[36] 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.”

 

[37] 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.

 

[38] 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.

 

[39] http://www.leginfo.ca.gov/cgi-bin/waisgate?waisdocid=69543218544+0+0+0&waisaction=retrieve  

 

Official site for California legislative information and the State Constitution. This WWW site is maintained by the Legislative Counsel of California, pursuant to California law. For more information, you may read Accessing California Legislative Information on the Internet

 

[40] The New Mexico Oriental Medicine Practice Act states that it shall not apply to or affect the following practices, provided that the individual does not hold himself out as a doctor of oriental medicine or as practicing acupuncture or oriental medicine exempting from the act, among other things: “(3) the counseling about or the teaching or demonstration of breath techniques; (4) the counseling or teaching about diet and nutrition; (5) the spiritual or lifestyle counseling of any individual or spiritual group, or the practice of religious tents of any church; or (6) the providing of information about the general usage of herbal medicines, homeopathic medicines, vitamins, minerals, enzymes or glandular or nutritional supplements.”  

 

[41] This Ninth Amendment Declaration section is part of the Informed Consent and Full Disclosure Online Declaration 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, Institute, 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.

 

[42] 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.”

 

[43] 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.”

 

[44] 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.”

 

[45] 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.

 

[46] In the great classic scripture called the Kashyapa Samhita it is said, "You should not have ill feeling towards other healers but the management should be done after consulting them." Charaka says, "Having no ill-feeling towards a patient even for the sake of your living life. Your language should be gentle, pure, righteous, courteous, worthy, true, wholesome and moderate." C.S.  III. 8.13.

 

[47] Charaka.Samhita VI. 1.4.58

 

[48] see section C4.02:b

 

[49]Our Guiding Principles are based on those of the City of Ten Thousand Buddhas Monastery where our Pastoral Counselors originally received their Precepts and Refuge Sacrament.  Found in “Sagely City of 10,000 Buddhas Daily Recitation Handbook[49] published by the City of Ten Thousand Buddhas Monastery. 

 


 

[i] This Non-Incorporated Non-Profit Association (Ministry, Institute, Center and Temple [Church]), the non-profit Medicine Buddha Wholistic Ministry (MBWM), also legally referred to as the Medicine Buddha Healing Center (MBHC) and Temple, received from IRS Entity Control employee #1817140564 named Sandra, of the Austin, TX IRS Entity Control Office on April 4, 2000 its Employer Identification Number (EIN) of ______REMOVED FOR PRIVACY REASONS_____.

 

 

 

 

 

<top>



Ayurveda Healing Arts Institute
of the
Medicine Buddha Healing Center

2210 McKinley Avenue, Unit 4 (1 block west of Martin Luther King, between Allston & Bancroft) Berkeley, California 94703 TDC   USA
 
(1) 510-292-6696

www.Ayurveda-California.com     Please CALL US, no e-mail available.

Click here for a map to the Center


All our materials on this site are offered free-of-charge
to the public domain (without copyright)
 in service to all living beings by the Medicine Buddha Healing Center who Dedicates the Merit to the Dharma Realm.
www.Ayurveda-California.com
All Rights Reserved without Prejudice

Ayurveda Healing Arts Institute is a  non-profit 501(c)3 educational project of
the Medicine Buddha Wholistic Ministry and its Center and Temple
 

We are a Buddhist Ayurveda church school,
as proven by our duly and ceremonially notarized founding Articles of Association and Organization
and are hence not under any government jurisdiction whatsoever.

"The religious Association (Church), that is to say the Ministry, Institute, Center and Temple is in no way under the jurisdiction of the Food and Drug Administration, the Internal Revenue Service, the Social Security Administration, the California State Medical Board, or the California Bureau for Private Postsecondary and Vocational Education, or any other government organization, agency, or agent (federal, state or local).  Any attempt by any government or private agent or agency to regulate our above described religious educational practices and spiritual practices is in violation of our now declared First, Fourth, Sixth and Ninth Amendment Constitutional rights.  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 our Ministry, Institute, Center and Temple and its Pastoral Counselors, faculty, students, congregation, and members under the First, Fourth, Sixth and Ninth Amendments, as enumerated in these Articles of Association and Organization and in our Pastoral Counselor’s Declaration of First Amendment Constitutional Rights (Section C2.14) and Pastoral Counselor’s Declaration of First, Fourth, Sixth and Ninth Amendment Constitutional Rights (Section C2.15), that they may be in violation of the Pastoral Counselor’s civil and constitutional rights, Title 42, U.S.C. 1983 et seq. and Title 18, Section 241.  We hereby declare, all rights reserved without prejudice."