12. Where corporation maintained a center "dedicated to the conservation of human health, body, mind and spirit" such purposes did not of themselves constitute the practice of medicine. Schorrvv. Bernarr MacFadden Foundation Inc..
Where plaintiff, incorporated ''to establish, maintain and operate an institution in which persons may obtain accommodation for rest, physical exercise, bathing, massage and hygienic treatment," advertised to treat by physical exercises, etc., diseases and physical conditions of patients, it was not engaged in the practice of medicine within the meaning of this section. Samuel v. Hams.
Comments by the Chief Editor based on the New York State Education Law and Informa- tions in "The Legal Aspects of Meditation and Relaxation" on Page 54.
Providing instructions in meditation and relaxation is not defined nor regulated by any New York State Law at this present time. So long as the meditation and relaxation instructor does not perform any act constituting the practice of medicine, he is not violating New York State Law. He may give instructions in meditation and relaxation for the conservation of human health, body, mind and spirit because such purpose does not constitute the practice of medicine. A licensed physician can legally refer his patients to a meditation relaxation instructor prov.ided that all three of them, the physician, the instructor and the patient, understand that the purpose of meditation and relaxation, is the conservation of human health -------------- and not the diagnosis, treatment, operating or prescribing for any human disease, pain, injury, deformity or physical condition as defined in Education Law Section 6521. The above view-point is quite consistent with existing evidence on the clinical effects of meditation and relaxation --- the clinical effects are quite non-specific and gen- eral;it appears to act by enhancement of general physical and mental health; and there is no evidence that its function can be narrowed down to treat a specific disease, pain, injury, deformity or physical condition. Through continued research and monitoring, the proper applications of meditation and relaxation can be widened further and better defined.