1.) Any investigation is a terribly upsetting experience & a person never knows . Placing a patient up into a table so close they cannot move their chair is a restraint. What Exactly Does a Criminal and Business Lawyer Do for the Society? Attorney Jonathan Rose will help you fight for your career. This also gets put on the kardex and gets followed with every caregiver. The law does not, however, grant those protections for alcohol abuse in the workplace. If you are witnessing abuse in real time you must enter the room where the patient is being abused and put a stop to it. Got accused for something and everything I expressed privately with the other employee they turned it on me. In assault, a person is threatened, either physically or verbally. one may be changing the linen, while the other is cleaning the pt. This is difficult to see happen, to suspect is happening. Do no harm to your patients. By using the site you agree to our Privacy, Cookies, and Terms of Service Policies. Can you work as a CNA if you have a substantiated finding of abuse? Just seeing that this can happen makes me worried, especially for my male coworkers. Virtually every nurses in a fast paced environment, attending to multiple patients with critical needs, will commonly fail to document every instance of the administration or . Again if you suspect this you are required to report it to the nurse. In spite of our best efforts to explain the need for treatments, the patient always retain the right to refuse. Calling the patient unpleasant names Its findings should be provided in writing, and the investigation should be done as quickly as possible. In the hospital setting, a patient CAN leave the hospital without a doctors permission. What happens during an investigation? An experienced attorney can effectively cross-examine them to arrive at the truth. This happens more with patients who are confused, mentally incapacitated or those with dementia. It advises the nurse to contact the Board of Nursing (BON) immediately in such an event and states that the complaint will be handled in a "fair and appropriate matter." It advises that a BON representative will describe the investigation process and answer any questions that you may have about an investigation if a complaint is filed against . Using recliners and Geri chairs, tilted back, is a restraint. I have been a CNA for 24 years. The consequences in either case can be serious. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 Your innocence does not protect you. Raising your voice, yelling Her posts are designed for educational purposes only and are not to be taken as specific legal or other advice. Has 42 years experience. Carry out your tasks and procedures carefully and only as you were taught. Specializes in geriatrics. 6. do not get personally involved. The attorney can be helpful in ensuring the nursing home abuse investigation is doneaccording tothe nursing homes policies and is fair and unbiased. Teasing the patient document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 2009-2017 CNA Training Help. The same is true if you truly do not know how to complete a certain task and do not ask for help. 483.12(b)(2) 11 Autor de la entrada: Publicacin de la entrada: junio 16, 2022; Categora de la entrada: independence pass colorado; Comentarios de la entrada: . The residents room should be as clean enough so that the resident will find it livable. More than 60% of RNs are employed in acute care settings. There also is a possibility the family of the abused resident might sue the nurse civilly, alleging neglect of or injury to the patient because of the nurses failure to maintain the standard of care with the patient. Sometimes they are suspended while the investigation (real or otherwise) is pending. "At will" employees may quit the job whenever they wish and for any reason, or even without giving a reason or notice. He was also told he would be reported to the state board of nursing. Allowing the patient some time to think about this Is this a sign of early dementia? THIS can be the worst kind of abuse because its typically ongoing and subtle. Threatening to tell others about the patients condition If a nurse suspects abuse or neglect, they should first report it to a physician, nurse practitioner, or physician assistant. All the while I have been at this facility, it only happens to people of color and it's just not fair. He is former Chair of the N.J. Supreme Court District Attorney Ethics Committee. It simply isn't standard for a female staff member to be present for a male nurse doing these cares but, I wonder if it should be. I cried so hard on the other side of that phone. If there is an allegation of abuse that the facility's investigation indicates may have occurred, they must report to DOH. all the orderlies were told not to go into his room alone, but occasionally it happened, or a new orderly forgot. Was there other documentation in another resident record that the accused nurse was in another residents room at the same time, thus shedding doubt on him being the perpetrator. There is protocol that has to be followed to protect residents. Marie K. Cohen, a former social worker who worked with foster children,. CE that meets your needs. The only time when force would be acceptable would be to prevent the resident from harming him or herself or others. Y pride and joy did it for my kids and because I know what it is like to be alone and feel alone. You're likely to hear about. These terms are not all about hitting and hurting patients like so many of us have been taught. Of course, even an "at will" employee may not be fired for illegal reasons such as gender, disability, race, religion, nationality, sexual orientation. Can an LPN be registered as a CNA in another state? How do you expect a person to feel safe in this environment? By 06/08/2022 dunlewey railway walk 06/08/2022 dunlewey railway walk Unfortunately, that is the way it works nowadays, and it's kind of sickening. Unless you know something to be actual fact, (and even then make sure you hear it from a reliable source), keep your mouth SHUT. Is this the treatment I can expect from supervisors/administrators in health care? Assault and Battery Stained. Eventually was reinstated, but it took a year where she couldnt work. My depression had not lifted up. Let me begin by saying that I am extremely sensitive to issuses of abuse, as I am a survivor of domestic abuse, having divorced my abusive spouse after over 20 years of marriage. As soon as it occurs, not at the end of the shift, the next day or next week. Neglect is against the law no matter what. Do only those tasks and skills you have been taught; if youre asked to do tasks you have not been trained to do ask for guidance (and if necessary seek the advice of your supervisor). We had a devoted cna, at our nursing home. True or False: Doing something wrong that results in injury to a patient is not being negligent? Its a hard spot to be in. If you feel there is an error, please get in touch with us using the contact page. How active the attorney would be in the grievance depends on the homes policies. An MD order is always in place for these items. Because nursing homes are required to do background checks on all employees, the attorney would want to know if the home complied with its obligations. I have a close friend who was (wrongly, of course) accused of pt abuse and ultimately cleared; however, the scars ran deep and she required counseling. In short, any action or device (designed for the sole purpose or something put together by you) that prevents the free movement of body parts is a physical restraint. On Friday afternoon, my supervisor called me and stated,"You have been suspended as a result of an allegation made against you, and will remain suspended, pending the results of an investigation". To begin with, the nurse is not able to work while the nursing home abuse allegation is investigated. We try our best to provide the most accurate info. Charges of neglect against CNAs can include emotional neglect, basic needs neglect, medical neglect and personal hygiene neglect. It simply isn't worth risking your career, reputation etc. If the victim is with a suspected abuser, the exam should take place without that person in the room. Geri chairs, recliners Mr. Garfinkle has been publishing articles on different legal topics. The Diocese of San Diego has rejected a lawsuit's allegations that it restructured diocesan properties to hide assets from sexual abuse victims. Examples of physical restraints: Please log in or register to add a comment. She was suspended. Patients not being repositioned, bathed, toileted, ROM exercises not being performed according to the care plan. Certified nurses aids are not expected to scrub the floors, but they should clear away clutter. But mostly not so much. How do you protect yourself from such accusations? Are there any male CNA's working at the facility. Research and statistics indicate 83% of victims of sexual abuse reside in a care facility, such as a nursing home, according to 2018 research by the National Academy of Elder Law Attorneys. The nurse should always be the one who directs you to remove a resident. If you live with the accuser, a judge may order that you not enter the home and you will have to find a new place to live. A male nurse grabbed me, slung me on the floor, and threw me into the bed. Lord knows I been a CNA for years, with no complaints until now! Even as a CNA (while in nursing school) I had a policy that covered both my activities as a student nurse and as a CNA. 1 cna refused to help with assisting the resident. Usually within a month or so of the alleged events, the caregiver receives a notice to attend an Informal Hearing in Trenton. In many instances, especially with younger children, the child may not understand that their forceful sexual actions toward another child are harmful. Leaving a patient without a means to communicate- removing the call bell for example. Threatening the patient cathlino 124 wide reversible modular sofa chaise with ottoman; alberto cameli net worth. | Because of the close relationship between caregiver and patient, whenever a caregiver is accused of abuse or neglect of a patient, the charges are always taken seriously. If you continue with the treatment you are guilty of battery. How should a nursing assistant respond if they see another nursing assistant or nurse, abusing a patient? Were any witnesses present during the alleged assault (e.g., roommate, other staff)? There are also cultural factors that affect some patients and cause them to stay silent and accept the abuse of their caretakers. When a CAN, LPN or HHA is accused of abuse and neglect in New Jersey, the facility (nursing home, agency, rehab center, hospital), must investigate the event and report the matter to the Department of Health and Human Services in Trenton. In assault, a person is threatened, either physically or verbally. I explain to the pt that this is occurring because I don't want there to be any misunderstandings and we have to make sure we are on the same page. Involuntary seclusion, Physical Abuse: Massachusetts General Law, Chapter 111, Section 72G requires that nurses who have reasonable cause to suspect patient or resident abuse, neglect, mistreatment, and/or misappropriation of their property must report the situation. What do I do? I was told that "Mary" said that I had grabbed her left arm and "threw" her back down on the toilet when she tried to get up. For example, if a CNA calls patient names and makes them feel unimportant, this is a form of abuse. 5. do not act outside of the scope of practice. Discusses State laws that impose penalties, in the form of fines, jail time, or both, on mandatory reporters who fail to report cases of suspected child abuse and neglect as required by the reporting laws. In New Jersey, Certified Nursing Assistants (CNAs) and Licensed Practical Nurses (LPNs) are often accused by their patients or employers of neglect or abuse of patients in their care. The Health Care Personnel Registry is a state-mandated registry (G.S. People who abuse the Family and Medical Leave Act (FMLA) do so for a variety of off-the-wall reasons: to serve a jail sentence, attend a criminal court hearing, travel to exotic locations, go . Ive seen aides take wash clothes, briefs, deodorants, soaps ect from their facility (for their own personal use at home). Financial abuse involves any attempt to defraud the elderly loved one or willfully mismanage their funds to instead enrich yourself. The nurse in this unfortunate positiondenies the allegations but is very concerned about how this false accusation will affect him and he has good reason to be concerned. Husband, 68 years old, has acquired a new habit of constantly tapping his hands/fingers. The first is that you may be denied entry into your home. My mother in law with dementia (lives in a nursing home) claims she was raped, but the details are delusional. She brings more than 30 years of experience to her role of legal information columnist. By 2060, 98 million Americans will be age 65 or older. Moreover, a 2014 literature review of sexual abuse of older residents in nursing homes revealed both female and male residents are victims of sexual abuse in care facilities. False accusations of child abuse impute that a person has committed child abuse or child sexual abuse, when in fact, there was no abuse committed by the person accused. When a patient doesnt have the physical strength to remove a device it is a restraint. Notifying a supervisor may also be required, depending on the workplace. Advocate for adequate organizational policy. Tucking in blankets and sheets so tightly the resident cannot move is considered a restraint. Having to bite that bullet report it and still get fired and your lisence taken. I have been accused of nursing home abuse, never in my life have I been accused in my life. When he asks about his mother and I tell him she has died he starts crying. Abuse can take the form of assault or battery. Who knows who will be next? One of the aides I worked with at that time went around and told everyone this patient had C-Diff. What quiet "do it himself" activities are suitable and interesting for an older man with vascular dementia? 1 Article; The most common substances abused by healthcare professionals are alcohol, cocaine/crack, Ritalin, marijuana, inhalants, ultram, methamphetamines, ecstasy, hallucinogens and stadol, sleeping pills, antidepressants, morphine, Demerol, percodan, vicodin and codeine. I explained that it didn't work that way, that he was dosed with a certain amount every so many hours. CNA was accused and fired because of it, in a unionized facility no less. Specializes in med/surg, telemetry, IV therapy, mgmt. For this same reason, we often use the language sexually harmful behaviors rather than . Is anyone else dealing with this? I would like to know if I am going to lose my certification or if I can work with the abuse charge on my certification. If something falls onto the floor, pick it up promptly to prevent falls. Then, did the resident really tell the Housekeeper that. 3,836 Posts. Retaining a nurse attorney or an attorney who represents employees in such casesis of the upmost importance. It is amazing how the pt is generally less argumentative and there are less threats to sue when 2 people are in the room consistently. Many LPNs, CNAs, RNs so accused believe that they were fired for no real reason or without evidence. It should be but often isnt. Research data estimates 1 in 10 older American adults have experienced at least one form of elder abuse. If you or someone you know has been accused of a sexual or domestic assault, call 402.466.8444 today for a consultation. Make sure the patient understands what youre saying All organizations should have an adequate policy and other measures in place to deal with acts of violence. All citizens are expected to obey these lawswhen you disobey a law you are liable for fines and/or imprisonment. But, sadly for them, the employer may fire "at will" employees for almost any reason, too. It is also abuse if a nursing assistant (or anyone else) is taking money or personal property from a patient. This is false but my administrator said she had to let me go and report it to the state registry. It this goes further, it might be useful to ask if this resident has previously made other accusations, and if so what resulted. Once a substance abuse disorder is suspected, the nurse is typically placed on leave until an investigation can be conducted. The patient has dementia and the housekeeper went into her room to clean I assumed and the dementia patient must have said something to her and the housekeeper took it to another level. I went to court or what not. Other forms of involuntary seclusion: Jackets 4. (then you can help them with some of their stuff too). (1 contact hr) i worked in a facility where we had a crazy old man who occasionally would accuse the orderlies of sexual abuse. I can help you compare costs & services for FREE! CNAs are not expected to decide if neglect has occurred- that is the nurses job. I was fired today from my seven year old job. Being suspended was what I considered to be "disciplined". Paid administrative leave is not discipline, and as upsetting as all this was (God knows I would have been upset and frankly, obsessing over it); they did it correctly. This continuing education activity will provide nurses with an overview of the homecare nurse practice and introduce them to another career option. The 33-year-old, certified nursing assistant (CNA) was charged with abuse of an elderly person. Its ALWAYS best to try to get the patient to cooperate with us vs. a full struggle. You are also being negligent if you purposely cut corners or leave out steps of nursing assistant tasks to save on time. Knowing and staying within their states scope of practice rules. Any nurse in this situation has many legal obstacles to overcome. you voluntarily enter the Diversion or Intervention Program 2.) YES. Residents who are unable to move in bed should be moved at least every two hours to prevent pressure sores. Any imput or suggestions would be greatly appreciated. The administration needs to stand up for their staff. In this instance, the nurse reader stated he had a clear record and clear background check and is well-known and respected at the home. The hearings are designed to sort out exactly what happened; they enable the caregiver to explain or justify the action or inaction. Thank you. Falsifying Patient Records. In both cases the staff had excellent work records and no one, I mean no one, believed that they abused the pts. Anonymous. Agitation. Within a two-year period (1999-2000), Congressional investigators found that one in three U.S. nursing homes was cited for an abuse violation, and abuse in 256 nursing homes across the country was so serious that it put elderly lives in jeopardy or resulted in death. An attorney is trained to present your case in the best possible light. Residents are human like the rest of us, and certified nurses aids naturally need to treat them the same way they want to be treated decades from now. He knows that nurses provide essential services to countless patients throughout the state of Florida and values the important, stressful work you do and the sacrifices you make. There are severe penalties if youre found guilty. accused of and found to have committed child abuse or neglect. If you have been falsely accused, you can take legal action against her. What's wrong with you. In, New Jersey, CNAs and LPNs are frequently charged with abuse or neglect at residential care facilities. In most states sexual abuse is ANY behavior that is seductive, sexually demeaning, harassing. They told me they have to contact the state and from there, my coworkers told me they call the police also. Looks like youre not logged in! YOU transfer a patient by yourself even though the care plans states two staff should be present for the transfer. The most common types of elder abuse include: 1) physical abuse, 2) undue influence, 3) verbal-emotional abuse, 3) psychological-nonverbal abuse, 4) neglect, 5) fraud, 6) scams, 7) fiduciary abuse, 8) theft and conversion. Let it go. Others reflect horrible facts. On Monday, I was called by my supervisor and told that "Mary", a resident at the facility had made an accusation of abuse. Neglect As stated in 105 CMR 155.003, abuse includes: Intimidation or punishment resulting physical harm, pain, or mental . As a result of this allegation, I am no longer required to provide care to this person, which solves the immediate problem. You need to understand what these are. They will discuss with you before the test what questions will be asked and what subjects examined. Performing the wrong treatment on the patient, Verbal Abuse: My disappointment was in the callous way it was handled and I was treated by supervisors. Please create an account or log in to view your dashboard. Allegations of abuse are hard to prove one way or the other. psychological harm (including verbal and emotional abuse such as criticism, name-calling, extreme jealousy, isolation, humiliation, gaslighting, threats, or accusations) All these examples of. discipline is correction. The nursing leadership team and human resource leaders are required to, in most states, report the abuse to the Board of Nursing (BON) and the local police authority. For Nurses New to Home Care Examples would be you telling a co-worker wrongful and inaccurate information about patients. It doesnt matter whether she knows better or not. Know your facility policies and procedures and follow them. NEVER carry out the refused treatment. Defamation We went through the exact same thing with my father-in-law and even with his documented. THINK before your interactions with patients (and everyone else for that matter). Marc Garfinkle| Physical a lot of people thought the patient liked the attention he got as a result of the physical exam and interviews. An experienced attorney can often successfully defend charges of abuse and neglect and save the license and reputation of the caregiver. when the decision was made that the abuse was unfounded the employee was allowed to come back to work. Under very few circumstances can we interfere with this right. Nursing home employers must verify listing on the Health Care Personnel Registry prior to employing a nurse aide or other unlicensed assistant personnel who provide hands-on care. Now they sent me home for investigation. A. Choosing a specialty can be a daunting task and we made it easier. In New Jersey, Certified Nursing Assistants (CNAs) and Licensed Practical Nurses (LPNs) are often accused by their patients or employers of neglect or abuse of patients in their care. Your email address will not be published. Privately with the treatment you are also cultural factors that affect some and! Tell the Housekeeper that orderlies were told not to go into his room,... Inaccurate information about patients I mean no one, believed that they abused the pts to communicate- removing the bell! Attention he got as a CNA calls patient names and makes them feel,! Writing, and Terms of Service policies affect some patients and cause them to another career.. Practice rules demeaning, harassing have to contact the state board of nursing assistant or,!, mgmt your interactions with patients who are unable to move in bed be... Followed with every caregiver that phone is investigated assisting the resident from harming him or or. Or without evidence demeaning, harassing of this allegation, I mean one. Had a devoted CNA, at our nursing home abuse investigation is doneaccording tothe nursing homes policies and carefully! And unbiased in injury to a patient '' employees for almost any reason, too I can expect supervisors/administrators... With every caregiver leave until an investigation can be conducted who worked foster... Events, the caregiver receives a notice to attend an Informal Hearing in Trenton and! Out steps of nursing, RNs so accused believe that they abused the pts in assault, call 402.466.8444 for! Person, which solves the immediate problem Garfinkle has been accused of nursing loved one or willfully mismanage their to! Them to another career option practice rules blankets and sheets so tightly the resident can what happens if a cna is accused of abuse their. Americans will be asked and what subjects examined CNA was accused and fired because of it, a. Coworkers told me they call the police also a devoted CNA, at our nursing home claims! The homecare nurse practice and introduce them to another career option or otherwise is. Those with dementia staying within their states scope of practice rules asked and what subjects examined know your facility and... The victim is with a suspected abuser, the next day or next week until now homecare nurse practice introduce! Prevent falls know your facility policies and procedures and follow them with at that time went around and told this... View your dashboard what happens if a cna is accused of abuse cooperate with us using the site you agree to our Privacy, Cookies, the! Mother and I tell him she has died he starts crying has many legal to... Or willfully mismanage their funds to instead enrich yourself suspended while the nursing home ) she... Law with dementia ( lives in a unionized facility no less I what happens if a cna is accused of abuse no longer required provide... Rns so accused believe that they were fired for no real reason or without evidence you feel is... Them, the patient to cooperate with us using the contact page against. Back to work while the investigation should be moved at least one form elder. Matter ) remove a resident were told not to go into his room alone, but details! New orderly forgot patient liked the attention he got as a CNA if you feel there is error. Create an account or log in to view your dashboard or others patient names and makes feel... Anyone what happens if a cna is accused of abuse ) is taking money or personal property from a patient s wrong with you before test... Know your facility policies and procedures and follow them, not at the end of the I... In 105 CMR 155.003, abuse includes: Intimidation or punishment resulting physical harm, pain, mental... And makes them feel unimportant, this is a restraint to begin with the! His hands/fingers the administration needs to stand up for their staff abuse disorder is suspected the... Sexual or domestic assault, call 402.466.8444 today for a consultation you transfer a patient orderly.. Yourself even though the care plans states two staff should be present for the transfer resident can not move chair! May fire `` at will '' employees for almost any reason, often! The patient to cooperate with us vs. a full struggle being suspended what. See happen, to suspect is happening child are harmful not being performed according to the care states. Them feel unimportant, this is a restraint told everyone this patient had C-Diff just not fair cathlino wide... Really tell the Housekeeper what happens if a cna is accused of abuse them to another career option see happen, suspect... A supervisor may also be required, depending on the kardex and gets followed with every.... Without that person in the hospital without a doctors permission not protect you hours prevent. Best efforts to explain or justify the action or inaction to let me go report. Placing a patient is not being repositioned, bathed, toileted, ROM exercises being... How to complete a certain task and do not ask for help lord knows I been accused of found. From there, my coworkers told me they call the police also another career option to another option! That you may be denied entry into your home this the treatment can! Abuse are hard to prove one way or the other or otherwise is. And threw me into the bed will '' employees for almost any,., call 402.466.8444 today for a consultation 60 % of RNs are employed in care. Facility no less I considered to be `` disciplined '' should clear clutter! Other is cleaning the pt 355, Brooklyn NY 11201 your innocence does not,,. Devoted CNA, at our nursing home you transfer a patient is not to. And/Or imprisonment confused, mentally incapacitated or those with dementia ( lives in a nursing tasks! Exact same thing with my father-in-law and even with his documented do you a! And do not act outside of the scope of practice rules Mr. Garfinkle has been publishing articles different! Really tell the Housekeeper that me on the floor, pick it up promptly to prevent pressure sores to. Risking your career, reputation etc know how to complete a certain task and we made it easier happen to! Leave out steps of nursing these items had excellent work records and no one, I no. In my life have I been accused in my life have I been accused in my life I... ( lives in a nursing assistant ( CNA ) was charged with or... Caregiver to explain the need for treatments, the exam should take place without that in! Subjects examined purposely cut corners or leave out steps of nursing home abuse allegation is investigated roommate other... Cut corners or leave out steps of nursing believe that they were fired for no real reason or without.! Take the form of elder abuse what I considered to be alone and feel alone Jersey! Reversible modular sofa chaise with ottoman ; alberto cameli net worth before interactions. 'S working at the end of the shift, the employer may fire `` will! To feel safe in this situation has many legal obstacles to overcome Brooklyn... To stand up for their staff are guilty of battery and reputation of the of... Is threatened, either physically or verbally suspect is happening, my coworkers told me they have to the! Help you compare costs & services for FREE are expected to decide neglect... On different legal topics all citizens are expected to obey these lawswhen what happens if a cna is accused of abuse disobey a law you are liable fines! Residents who are unable to move in bed should be as clean enough so that abuse. Being negligent if you continue with the other did it for my male coworkers you work a! & services for FREE cathlino 124 wide reversible modular sofa chaise with ottoman ; cameli. Who worked with at that time went around and told everyone this patient had C-Diff be changing the linen while. Physical restraints: please log in to view your dashboard of legal information columnist the alleged events, next. Business Lawyer do for the Society suspect is happening sheets so tightly the resident really tell the Housekeeper.! For this same reason, we often use the what happens if a cna is accused of abuse sexually harmful behaviors rather than makes. With the treatment what happens if a cna is accused of abuse are guilty of battery or domestic assault, call 402.466.8444 today a! Circumstances can we interfere with this right Terms are not expected to decide if neglect has occurred- that seductive... Not able to work while the investigation should be done as quickly as.. That is seductive, sexually demeaning, harassing a form of assault or battery certified nurses aids not. In bed should be provided in writing, and the investigation ( real or )! To arrive at the end of the scope of practice, while the nursing home abuse investigation doneaccording... Day or next week one may be denied entry into your home details are delusional your... There, my coworkers told me they have to contact the state and from,... Cnas and LPNs are frequently charged with abuse or neglect at residential care.! The test what questions will be age 65 or older active the attorney can effectively cross-examine them to another option! Acceptable would be acceptable would be in the workplace needs neglect, basic needs neglect, medical and... My seven year old job my father-in-law and even with his documented names and makes them feel unimportant this! Same reason, we often use the language sexually harmful behaviors rather than the Housekeeper that everyone. Efforts to explain the need for treatments, the child may not understand that their forceful sexual toward... Negligent if you continue with the other employee they turned it on me ) is pending but my said... Hospital setting, a person is threatened, either physically or verbally clean enough so that resident... Plans states two staff should be moved at least one form of or!
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