In Nally v. Grace Community Church (1988) 47 Cal. 3d 278, the California Supreme Court refused to impose liability on clergy who provided counseling to a suicidal church member but failed to prevent his suicide. The duty at issue there arose from the nature of the special relationship between the suicidal person and those who had custody or control over him, e.g., a hospital, rather than from a specific duty to prevent suicide. However, the court also examined earlier cases which "recognized that a cause of action may exist for professional malpractice when treatment falls below the standard of care for the profession, thus giving rise to a traditional malpractice action." ( Id. at pp. 295-296.) In determining whether pastoral counselors should be held to the same standard of care that might conceivably apply to a licensed therapist under similar conditions, the court discussed public policy considerations weighing against imposing such a duty. The court noted, "the Legislature has exempted the clergy from the licensing requirements applicable to marriage, family, child and domestic counselors and from the operation of statutes regulating psychologists . In so doing, the Legislature has recognized that access to the clergy for counseling should be free from state imposed counseling standards, and that 'the secular state is not equipped to ascertain the competence of counseling when performed by those affiliated with religious organizations.' " ( Nally v. Grace Community Church, supra, 47 Cal. 3d at p. 298.) The court concluded the trial court properly granted defendants' motion for nonsuit on plaintiffs' claims for clergyman malpractice and negligence and that to hold otherwise would contravene public policy. ( Id. at pp. 299-300.)