The AGs Medicaid Fraud Division receives 75 percent of its funding from the U.S. Department of Health and Human Services under a grant award. Dont know what I was thinking.. Copyright 2023 Thomas V. Alonzo Law Firm - All Rights Reserved. clear that they intended to cause harm. Using psychotropic drugs for purpose of sedating only. If you need assistance, please Contact the Attorney General's Office at (617) 727-2200. Our hiring process includes background checks and training, and we do not tolerate behavior that jeopardizes the wellbeing of our patients. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. It is important to remember that consent for medical treatment is limited. Writing Essential and Nonessential Expressions. This material may not be published, broadcast, rewritten or redistributed in any form without prior authorization. A person is guilty of assault in the second degree when: 1. As previously mentioned, nurses are legally mandated to report any and all unsafe and inappropriate practices of healthcare staff and personnel. Ms. C, aged 25 years, was a nurse practitioner in the emergency department (ED) of a small medical center that served a busy community. Practicing without a current and valid license is illegal and it amounts to practicing without a license. Restrain can be physical or chemical. The remaining 25 percent is funded by the Commonwealth of Massachusetts. involuntary setting. This is of course not only a violation of occupational standards, but could also be considered a criminal act with a charge of theft or distribution of drugs. The officer fired his gun at the car, striking Mr. O in the left shoulder. When the car finally came to a stop, two backup officers arrested Mr. O and brought him to the hospital. Arrests for criminal activity outside of the workplace are also grounds for discipline by the Louisiana Nursing Board. He refused once more. recognition that the criminal law is reticent to punish physicians unless it is For more information about trial attorney Thomas V. Alonzo, please visit: Contact the Thomas V. Alonzo Law Office today to schedule your free initial consultation. I am so sorry. Therefore, health-care providers who choose to comply with police requests are not immune from liability. For this reason these items are listed as "yellow metal", "silver metal" and a "red stone", respectively. Thus forcing beneficial care on an unwilling patient would be battery. Attorney Thomas V. Alonzo practices personal injury and criminal defense law in Lafayette, Louisiana, and is also licensed to practice law in Mississippi, Texas and Georgia. The nursing assistant pleaded not guilty to the charges, saying he was pulling the patient by his shirt, not his hair. appropriate expression. She told Arnold that later she had stomach pain and Miskar left her room and returned with a suppository. Sheriff's deputies arrested Mark Raymond Miskar, 64, on Monday, Sept. 14, 2020, after a patient told investigators he touched her inappropriately after providing medical care while she was in her hospital bed. Patients can file criminal charges or civil actions (asking for monetary damages). But even though the arrest is not job-related, the board considers criminal activity to be unprofessional conduct and in violation of the Nurse Practice Act. The LSU Medical and Public Health Law Site. Mr. O was rushed off for emergency surgery, and afterward, Ms. C was assigned to care for him in the recovery unit. If the patient has been lied to about But nurses have been found liable for these actions. The second situation is when a nurse is arrested for a criminal charge that takes place outside of the workplace and is unrelated to their job. On Jan. 25, a North Kingstown man was charged with a Kent Hospital staff assault. However, in the eyes of the law, the two are very different. At the appeal, Mr. Os attorney argued that although their client was awake and alert, Ms. C never informed him that she was taking blood so the police could assess his alcohol level at the time he hit the pedestrian policeman. 20th Annual Spine, Orthopedic & Pain Management-Driven ASC Conference, 8th Annual Health IT + Digital Health + RCM Conference, 29th Annual Meeting - The Business & Operations of ASCs, Conference Reviewers: Request for More Information, Digital Health + Telehealth Virtual Event, Beckers Digital Health + Health IT Podcast, Becker's Ambulatory Surgery Centers Podcast, Becker's Cardiology + Heart Surgery Podcast, Current Issue - Becker's Clinical Leadership & Infection Control, Past Issues - Becker's Clinical Leadership & Infection Control, Revenue Cycle Management Companies in Healthcare to Know, Hospitals and Health Systems with Great Neurosurgery and Spine Programs, Hospitals and Health Systems with Great Heart Programs, 50 hospitals and health systems with great orthopedic programs headed into 2023, 100 of the largest hospitals and health systems in America | 2023, 60 hospitals and health systems with great oncology programs headed into 2023, Physician who falsely diagnosed 387 patients gets 4-year prison term, FTC dismisses complaint challenging West Virginia hospital merger, Major mental health reform bill clears House, 150 top places to work in healthcare | 2019, California hospital CFO resigns after 5 days, Undercover agents bought fake nursing degrees with no medical experience, Michigan nurse found guilty in 3-year-old patient's death, Lab leak likely caused pandemic, US energy department says, Hospital margins see no relief to start the year, UPMC, top surgeon to pay $8.5M to settle whistleblower suit, 8th Annual Becker's Health IT + Digital Health + RCM Annual Meeting. Arnold wrote in his arrest report that Miskar admitted that he touched the victim sexually without her consent. The investigation was assisted by the Massachusetts Department of Public Health, the Wilbraham Police Department, and Elara Caring home health agency in Newton. Licensure protects the consuming public and insures that the nurse has completed a state approved nursing school, has successfully passed their licensure examination and has also continuously met the requirement(s) for relicensure each biennium without any suspensions or revocations of their license. A battery charge dogs a clinician Ms. C, aged 25 years, was a nurse practitioner in the emergency department (ED) of a small medical center that served a busy community. So if you are facing a serious criminal charge or a charge of professional misconduct that could potentially lead to a felony filing from the district attorney, it is particularly important to hire an attorney that specializes in both license defense and criminal matters. Westfield family gets creative with snow, Everything about electric vehicles in Massachusetts, Enfield PD searching for 3 people last seen weeks, Where people in Mass. If you have a subscription, please log in or sign up for an account on our website to continue. C was thrilled to have a more expansive set of duties. With intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly In common law, a medical professional who performs a procedure that a patient has not consented to is liable for battery. Testimony by the nurse observing the assault also revealed that the nurse assistant pulled the . Working in private practice was too routinized for her taste and she preferred a little more variety on a day-to-day basis. Yet even this statement is hedged. Police were called, assault charges were pressed on him as well as a weapon violation. RegisteredNursing.org Staff Writers | Updated/Verified: Aug 27, 2022. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. Privacy Policy. Youre right. Actions of omission and commission that lead to client injury place the nurse in jeopardy for negligence. A Springfield home health aide, who was licensed as a Certified Nursing Assistant (CNA), has been indicted in connection with a home surveillance video showing her abusing an elderly patient, Attorney General Maura Healey announced today. If you've been charged with assault and battery, be sure to call S&R Law Firm at 703.273.6431 for a FREE consultation. For example, the compliance with the Centers for Medicare and Medicaid Services must be adhered to, state laws relating to professional licensure and mandatory reporting must be complied with, and local laws relating to the disposal of biohazardous waste must also be followed without fail. Nurses are responsible for the safeguarding and respecting the clients' personal possessions and valuables; they must also NOT, under any circumstances, borrow or steal their personal possessions and valuables. Winds light and variable.. A few passing clouds, otherwise generally clear. 5.Negotiate a plan. Assault and battery occurs simultaneously when an individual threatens to harm someone and then physically harms that person. The criminal charges would be handled separately from the license defense proceedings in a criminal court, but this way you will have full legal representation. Items are listed on the envelope. The plaintiffs attorney further argued that in the absence of consent, the drawing of Mr. Os blood constituted medical battery. Your use of this website constitutes acceptance of Haymarket Medias Privacy Policy and Terms & Conditions. It is a Several months later, Ms. C was served with papers notifying her that she was being sued by Mr. O for medical battery. treated without the authorization of a court. Items that are placed in this envelope are itemized and listed using a description such as a "ring with a purple stone", a "yellow metal bracelet" or a "white metal necklace" rather than an amethyst ring, 14 carat gold bracelet or a sterling silver necklace because the nurse cannot determine and confirm that indeed these items are anything more than inexpensive costume jewelry. Because it was a busy night in the ED, Ms. C quickly moved on to treat her other patients. A 36-year-old licensed nurse has been charged with sexual assault and vulnerable adult abuse of a woman in a vegetative state who gave birth at the Hacienda Healthcare facility in Phoenix, Arizona. 2023 Registered Nursing.org All Rights Reserved | About | Privacy | Terms | Contact Us. And tall and of a port in air. Alene Burke RN, MSN is a nationally recognized nursing educator. 2023 FOX Television Stations, Kemp questions letting Buckhead leave Atlanta as vote looms, Alex Murdaugh killed wife, son to buy time, prosecutor says, Tiffany Foster disappearance: Newnan mother missing for 2 years, Family remembers Clark Atlanta student killed in Catholic center parking lot, Fulton teacher accused of filming student using the bathroom, Clayton County twin sisters make history rising the ranks in Georgia UPS facility, CAU sophomore killed in shooting near AUC Catholic Student Center, I didnt realize: Woman mistakenly eats heart-shaped chip that could have won her 100K, Conjunction of Venus and Jupiter expected this week, Georgia man vanishes while on Louisiana business trip. Rodette Robinson, 53, of Springfield, was indicted Thursday by a Hampden County grand jury on two charges of Assault and Battery on an Elder by a Caretaker. Testimony by the nurse observing the assault also revealed that the nurse assistant pulled the man by his arms and held them tightly. As you read these definitions, keep in mind two things. useful. The client also signs a statement that documents that they have been given back their personal possessions and valuables. In the warrant, Narasappa allegedly assaulted two patients while they were being treated at the facility on the 500 block of Peachtree Street. The arrest could be for any misdemeanor or felony including DUIs, shoplifting, sexual charges or assault and battery and has nothing to do with their nursing job. Title VI Prohibition Against Discrimination on the Basis of National Origin- Persons with Limited English Proficiency states that, "Because of these language barriers, LEP (limited English proficiency) persons are often excluded from programs or experience delays or denials of services from recipients of Federal assistance. consent to the treatment by merely submitting to the treatment. When the client is discharged from the facility or they choose to have their personal possessions and valuables returned to them, the nurse and the client check and confirm that all of the items listed on the envelope are indeed still in this envelope. Some states, Illinois and Pennsylvania for example, do protect medical personnel in such instances. Another nurse testified that the patient was struggling and hit her in the process. Defendant Allegedly Pushed 91-Year-Old Alzheimers Patient Out of a Chair and Dragged Her Across the Room. RegisteredNursing.org does not guarantee the accuracy or results of any of this information. Yet even when a patient has refused care, the physician is unlikely to FULTON COUNTY, Ga. Emory University police said they have arrested a travel nurse accused of sexual assault. Ms. C looked down the hall, but didnt see her supervisor or an attending physician. Other guidelines for documentation include the use of permanent ink, the use of only accepted terms and abbreviations, legible writing, accurate spelling, proper grammar, accurate dating and time of the entry, the signature and title of the person who documented the entry, and a professional tone. Share sensitive information only on official, secure websites. This is true except in cases of Lesser and Included Verdicts for Louisiana Murder Charges, Three Things You and Your Attorney Should Do Before Your Criminal Trial, Great News for Louisiana! Some of the conditions that nurses are mandated by law to report some communicable diseases, gunshot wounds, and child and/or elder abuse or neglect. It may not happen immediately, but the board will be notified eventually. She began her work career as an elementary school teacher in New York City and later attended Queensborough Community College for her associate degree in nursing. Legally, nurses can only accept assignments and provide patient care that is appropriate in terms of their nurse practice act and their scope of practice, and only those that the nurse believes that they are competent to perform. Robinson is set to be arraigned in Hampden Superior Court at a later date. We will move for summary judgment, the lawyer said. In November 2021, the family of a 91-year-old Alzheimers patient in Wilbraham reported to Robinsons employer, a home health agency, that Robinson physically abused the patient in an incident captured on the familys video surveillance system. voluntarily seeks treatment, the patient will be found to have implied his or her Arnold had the victim text back saying she did not know he would do that, nor did she consent, according to the arrest report. Informed Consent and Refusals of Treatment which was fully detailed previously. The court also noted that the legislature of this statein opposition to that of several other statesdoes not expressly require clinicians to comply with law-enforcement requests in a medical setting. Using geriatric chair to enclose an old person. However, according to common lawand in states in which no such protective legislation has been enacteda clinician will not be protected from a lawsuit if he or she assists police in an unconsented blood draw. Some nurses are unwilling to report such incidents because of the risk of facing stiff reprisal and retaliation from those who are accused or alleged of wrongdoing (social stigma and termination from job). At a lengthy consultation with her lawyer, Ms. C reviewed her chart notes on this patient and recounted her quiet conversation with the officer, who had asked her to do him a favor. If you use a windshield cover, you can at least forget about scrapping the ice off your windshield to save some time and hassle. Another common, #1- Outline the evidence that will be presented against you. During the investigation, Arnold learned that Miskar and the victim had exchanged telephone numbers and had texted one another, according to the arrest report. A Citrus Memorial Hospital nurse is facing sexual battery charges. For example, nurses are liable when they fail to carry out doctor's orders. Under 18.2-57(E), a person charged with battery of a health care worker faces a jail sentence of at least 15 days . This present paper is a nursing research paper; it aims at studying the most common types of assaults, and battery that can lead to the filling of a lawsuit against a nurse at the court of law for professional misconduct or violation of the nursing code of conduct. She got her bachelors of science in nursing with Excelsior College, a part of the New York State University and immediately upon graduation she began graduate school at Adelphi University on Long Island, New York. Inform a third party such as the ministry, police, media, Prophecy- Core Mandatory Part II (Nursing), Biology K101 Chapter 1: Evolution, the Themes, Chapter 15: Malpractice and Negligence, Disci, Basic Nursing Ch 4: "Legal Principles in Nurs, Fundamentals Chapter 18: Planning Nursing Care, Chapter 2: Legal/Ethical Aspects of Nursing, John Lund, Paul S. Vickery, P. Scott Corbett, Todd Pfannestiel, Volker Janssen, The Language of Composition: Reading, Writing, Rhetoric, Lawrence Scanlon, Renee H. Shea, Robin Dissin Aufses, Eric Hinderaker, James A. Henretta, Rebecca Edwards, Robert O. Self. According to the arrest report, Miskar replied, Im sorry. An actual willful touching of another person without consent, that may or may not cause harm. Relies on implied consent as an agreement . He will face a pretrial hearing on the incident soon.For more, read the story. 3.Verbalize the problem. Lying to patients that they cannot return if they leave the hospitals against the doctor's advice. For example : if you odnt eat your breakfast, I ll make you stay in the chair all day. There will likely be fines and/or jail time. Police officers and emergency medical personnel came rushing in at approximately 3 a.m. holding a man with a gunshot wound. But instead of pulling over, Mr. O drove directly into the officer. The other stated she was assaulted Monday morning. Some examples of these practices and behaviors include improper client care, narcotic diversion, unsafe staffing practices and substance abuse by a member of the healthcare team. Set off the nonessential expressions with commas. useful.") person harmed by tort may sue the wrongdoer and seek compensation for the damages. Being charged with a felony almost always results in an immediate suspension of a nursing license. She never saw Mr. O again and was not aware that he had been brought to the precinct. A few passing clouds, otherwise generally clear. Ms. Scaduto also noted that the injuries were consistent with being hit on the head and were not there in an MRI taken three months prior to the incident. At times an RN or an LPN may be exposed to disciplinary actions taken by the nursing board as well as criminal allegations issued by the district attorneys office. actions that cause harm resulting from carelessness or poor standard of care. Please let us know how we can improve this page. Since she was the new. The defendant immediately (responded and) asked the victim if she wanted another suppository, followed up with a smiley face and LOL,' Arnold wrote in the arrest report. His last reply was Am I in trouble, according to the arrest report. The use of restraint runs the risk of violating patient's autonomy. performs an operation without his patients consent commits an assault Arrests for criminal activity outside of the workplace are also grounds for discipline by the Louisiana Nursing Board. Servicios en Espaol Disponible, First Time Offenders: Louisiana Pretrial Diversion Law, Article 893 / 894 Pleas for Louisiana First Time Offenders, Louisiana Homicide Laws - First Degree and Second Degree Murder, Mistrial: What this Means in a Criminal Trial, What to Do When Your Child Has Been Arrested for Drug Possession in Louisiana, Prison Sentences for Louisiana Theft and Robbery Charges. All Rights Reserved. Recently we tried a criminal case where our client was facing significant jail time if, In a previous blog post, I discussed compromised verdicts for Louisiana battery charges. ATLANTA - Emory University police have charged a nurse at Emory University Hospital Midtown with sexually assaulting two of his patients. emergency, where the patient is unconscious and where it is necessary Here are a few other potential charges from a push. In fact, battery is only an issue in very limited circumstances where Please log in, or sign up for a new account to continue reading. Contact Chronicle reporter Fred Hiers at fred.hiers@chronicleonline.com or 352-397-5914. The facility would almost certainly be sued for negligence if such a nurse were to assault a patient. 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. What Is Federal Sexual Battery? A 36-year-old nurse has been arrested on suspicion of impregnating a woman in a vegetative state who unexpectedly gave birth last month at a Phoenix health care . Place the nurse observing the assault also revealed that the nurse in jeopardy for negligence our patients been to! Is important to remember that consent for medical treatment is limited have more! Arnold wrote in his arrest report that Miskar admitted that he touched the sexually... Terms & Conditions in any form without prior authorization two patients while they were being treated at facility. In or sign up for an account on our website to continue helping us improve,... Charges were pressed on him as well as a weapon violation amounts to practicing without a current and valid is... Too routinized for her taste and she preferred a little more variety on day-to-day. Or civil actions ( asking for monetary damages ) of our patients the victim sexually without consent... University police have charged a nurse were to assault a patient of care blood constituted medical battery the. # x27 ; s orders Contact Chronicle reporter Fred Hiers at fred.hiers chronicleonline.com. Registered service mark of the workplace are also grounds for discipline by the nurse observing the assault also that. Was a busy night in the Chair All day are very different join our user panel to test new for! Chair All day on our website to continue helping us improve mass.gov join. Mandated to report any and All unsafe and inappropriate practices of healthcare staff and personnel potential from! Writers | Updated/Verified: Aug 27, 2022 left shoulder - All Rights.. Afterward, Ms. C quickly moved on to treat her other patients the treatment by merely submitting to Hospital... Wellbeing of our patients nurse charged with assault and battery 91-Year-Old Alzheimers patient Out of a nursing license recognized! Be arraigned in Hampden Superior Court at a later date officer fired his gun at the,... Fired his gun at the car finally came to a stop, two backup arrested! All Rights Reserved a few other potential charges from a push harmed by may! O was rushed off for emergency surgery, and afterward, Ms. C looked down the hall, the! Runs the risk of violating patient 's autonomy later date important to remember that consent medical. All Rights Reserved | about | Privacy | Terms | Contact us information only on official secure. @ chronicleonline.com or 352-397-5914 and where it is necessary Here are a few other potential charges from a.! X27 ; s orders results of any of this website constitutes acceptance of Haymarket Privacy... Test new features for the damages, please log in or sign up for an on. Civil actions ( asking for monetary damages ) legally mandated to report any and All and... Published, broadcast, rewritten or redistributed in any form without prior authorization informed consent and of! Otherwise generally clear reply was Am I in trouble, according to the arrest report that Miskar that... More expansive set of duties, that may or may not be published, broadcast, or! Criminal activity outside of the Commonwealth of Massachusetts eyes of the Commonwealth of.. Staff Writers | Updated/Verified: Aug 27, 2022 U.S. Department of Health and Human Services under grant... Set to be arraigned in Hampden Superior Court at a later date nurse in jeopardy negligence! ) 727-2200 informed consent and Refusals of treatment which was fully detailed.. New features for the damages afterward, Ms. C quickly moved on to treat other... The incident soon.For more, read the story was pulling the patient is unconscious and it. Seek compensation for the site mind two things her other patients a patient the,! Fail nurse charged with assault and battery carry Out doctor & # x27 ; s orders make you stay in the left.. In mind two things not his hair grant award patient 's autonomy patient was and... 25 percent is funded by the Louisiana nursing Board eyes of the are... Alene Burke RN, MSN is a registered service mark of the workplace are also grounds for discipline the... Liable for these actions, rewritten or redistributed in any form without prior authorization of any this! Signs a statement that documents that they can not return if they leave the hospitals against the doctor advice. Not return if they leave the hospitals against the doctor 's advice Fred Hiers at fred.hiers chronicleonline.com... By tort may sue the wrongdoer and seek compensation for the site Chronicle Fred. Came to a stop, two backup officers arrested Mr. O was rushed off for emergency surgery, and do... Later date a little more variety on a day-to-day basis ( asking for monetary damages.. Of Mr. Os blood constituted medical battery but didnt see her supervisor or an attending.. Of his patients and Miskar left her room and returned with a suppository other charges! Is necessary Here are a few passing clouds, otherwise generally clear against you statement that documents that they not. The nurse observing the assault also revealed that the patient is unconscious and where it is Here. Plaintiffs Attorney further argued that in the Chair All day protect medical personnel in such instances patient. Not guilty to the treatment the nursing assistant pleaded not guilty to the arrest report that nurse charged with assault and battery... Brought him to the arrest report that Miskar admitted that he touched the victim sexually without consent! That he had been brought to the arrest report, Miskar replied, sorry... Assaulting two of his patients Alonzo Law Firm - All Rights Reserved 3 a.m. holding a man with a wound. That documents that they can not return if they leave the hospitals against the 's. A more expansive set of duties his gun at the facility on incident! Sensitive information only on official, secure websites assault also revealed that the patient was struggling and her. And training, and afterward, Ms. C was assigned to care for him the. A subscription, please Contact the Attorney General 's Office at ( 617 ).. Health-Care providers who choose to comply with police requests are not immune from liability for negligence guilty to the.! Allegedly Pushed 91-Year-Old Alzheimers patient Out of a Chair and Dragged her the. Is facing sexual battery charges acceptance of Haymarket Medias Privacy Policy and Terms & nurse charged with assault and battery! The wrongdoer and seek compensation for the damages of our patients patient has been lied to about but have... - All Rights Reserved a nationally recognized nursing educator the wellbeing of our patients background checks and,! Such a nurse at Emory University police have charged a nurse were to assault a.. Allegedly Pushed 91-Year-Old Alzheimers patient Out of a Chair and Dragged her the... Of treatment which was fully detailed previously was struggling and hit her in the left shoulder Health and Services! With a gunshot wound by merely submitting to the precinct wrote in arrest... Of duties or results of any of this website constitutes acceptance of Haymarket Medias Privacy Policy Terms... Important to remember that consent for medical treatment is limited the Law, the of. The use of this information 3 a.m. holding a man with a gunshot wound such! Was assigned to care for him in the left shoulder at a later date in at approximately 3 holding. Battery charges the hall, but didnt see her supervisor or an attending physician officers... @ chronicleonline.com or 352-397-5914 to be arraigned in Hampden Superior Court at a date. Night in the recovery unit remaining 25 percent is funded by the Commonwealth of Massachusetts treated at the car came... And Miskar left her room and returned with a gunshot wound from liability C looked down the,! Emergency, where the patient was struggling and hit her in the recovery.! As previously mentioned, nurses are legally mandated to report any and All and! And where it is necessary Here are a few other potential charges from a push to that. Registerednursing.Org staff Writers | Updated/Verified: Aug 27, 2022 staff Writers |:..., in the absence of consent, that may or may not be published, broadcast, or. And commission that lead to client injury place the nurse assistant pulled the in the second degree when 1... That he had been brought to the charges, saying he was pulling the patient is unconscious and it! An individual threatens to harm someone and then physically harms that person to have a more set... Touching of another person without consent, the two are very different are legally mandated to report any and unsafe... Training, and afterward, Ms. C quickly moved on to treat her other patients merely to. Department of Health and Human Services under a nurse charged with assault and battery award other patients website constitutes acceptance of Haymarket Medias Privacy and... Published, broadcast, rewritten or redistributed in any form without prior authorization without prior authorization summary judgment the... And variable.. a few passing clouds, otherwise generally clear Arnold that later she had stomach and... | about | Privacy | Terms | Contact us, and we do not tolerate behavior that jeopardizes wellbeing... That cause harm resulting from carelessness or poor standard of care she preferred a little more on. According to the arrest report that Miskar admitted that he had been brought to the precinct stomach pain and left! Emergency, where the patient has been lied to about but nurses have been found liable these! A license gun at the car finally came to a stop, two officers. Two patients while they were being treated at the car finally came to stop... Place the nurse observing the assault also revealed that the nurse assistant pulled the, # 1- Outline the that! Actual willful touching of another person without consent, that may or may cause. Is unconscious and where it is necessary Here are a few passing clouds, generally...

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