falsely accused of diverting drugs

To be honest - your facility is right to raise red flags on you as your behavior is similar to people who divert medications. WebWhat we found: Indiana nurses accused of alcohol or drug-related offenses between 2014 and 2017 resulted in 115 of them being given probation as opposed to 45 cases of suspensions.

Mostly, they are obedient lap dogs to the administration and will play the violin for you as you pick up your last check. You can not just pull out narcotic medication because you "think the patient may have pain". I was just falsely accused of taking (ingesting) a patient's medication in the medication room. 113 0 R null null null 114 0 R null null null 115 0 R null /Producer ()

stream Secondly, no matter how friendly, understanding or honest they may seem to be THEY ARE NOT YOUR FRIENDS AND THEY ARE NOT ON YOUR SIDE! WebIn legal terms, drug diversion and misappropriation of medications are serious violations of the Business and Professions Code of the California Board of Pharmacy Regulations. Problem solved. I have been falsely accused of drug diversion. endobj This category also includes narcotic treatment programs that administer and dispense primarily methadone for narcotic addiction treatment. Happens to me all the time. L'A.G. Drug test yourself everyday- but of course that wont work if you are accused of diverting the same medication that you may be prescribed. WebDear Falsely Accused, So basically you were falsely accused of diverting drugs and terminated for "documenting issues". This act is illegal and opens up offenders to criminal prosecution, including those related to felony charges.

We are often contacted by nurses falsely accused of diverting narcotics, abusing narcotics, or stealing narcotics from patients.

Welcome to TheLaw.com! Even then, I would only pull out what the doctor states to have at BS, and I know I have witnesses if he give a verbal order during the procedure for the med. 108 0 R null null null 109 0 R null null null 110 0 R null 53 0 R 54 0 R 55 0 R 56 0 R 57 0 R 58 0 R 59 0 R 60 0 R 61 0 R 62 0 R Not necessarily for what/if you did wrong, but more for what would cause someone else to make the accusation. >> a.RNs who divert do so because they are chemically dependent. She is accused of replacing the fentanyl with an alternate liquid substance and then placing the vials back in the cabinet. The criteria for both manufacture and distribution is somewhat biased in favor of established industries, favoring "past experience" and a record of compliance with drug laws[citation needed] The Controlled Substances Act also provides for the registration of medical practitioners (i.e., physicians, dentists, veterinarians, etc.

So is there anyone sus on your unit? All Rights Reserved.

Diamo valore alla tua privacy If you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. Has 16 years experience. 5 0 obj Oh I have a couple of close connections in Rx. More 0 found this answer helpful | 1 lawyer agrees Helpful Unhelpful 2 comments Kristine S Karila In order to be fully compliant, a facility must ensure: Medication room access is limited to authorized individuals. endobj Nurses falsely believe that they have insurance coverage for such matters "through my employer" when they do not. If anything.

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Hi. /Pages 4 0 R What most Veterinarians, Dentists, Doctors and Nurses don't know is often times these accusations are grossly exaggerated or false. k#H\?8QW/(A^ The charges are merely allegations and the defendant is presumed innocent until proven guilty. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. Staff also found a syringe plunger and needle in the original package.

WebIf you are accused of diverting drugs from a Pyxis, Diebold, or other brand of automated pharmacy dispensing machine, please contact us, immediately. Joanne Marian Segovia, a California grandmother, is accused of running a drug ring out of her home. I have been placed on administrative leave and have contacted the Union but should I also get a lawyer? But that almost certainly will not be the case if you try to talk your way out of your problem. @_n ,{ T{e! Even an anonymous complaint can lead to an investigation. endobj People may be wrongly accused of any type of crime in the United States.

null null 116 0 R null null null 117 0 R null null null endobj /MediaBox [0 0 612 792] Our attorneys include those who are board certified in health law by The Florida Bar, those who are nurses themselves, and those who are licensed health professionals. Records must be kept for three years. The BRN needs you to wrap up their case for them. To protect themselves from CBP investigations, all pharmacists must be aware of new regulations adopted by the board in 2018 to help pharmacists detect drug loss and reduce the likelihood of controlled substance misuse. Maybe his prints are on the container in which the drugs were found.

WebThe mission of DEA's Diversion Control Division is to prevent, detect, and investigate the diversion of controlled pharmaceuticals and listed chemicals from legitimate sources while ensuring an adequate and uninterrupted supply for legitimate medical, commercial, and scientific needs.

Specializes in HH, Peds, Rehab, Clinical. allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201

It does not sound like you have actually been accused of diversion--just notified that you are on the pharmacy's 'radar,' and rightfully so. Specializes in Pediatrics, Emergency, Trauma. In this case, she said she most likely put the syringe back in the back pocket of her scrubs, then, when changing, took her scrubs off and put them in her work bag, where the syringes also fell. Utilizzando questo sito web acconsenti al nostro utilizzo dei cookie. I would also secretly hope that they gave some info that cleared up who it was, because the curiosity would kill me. Specializes in Critical Care, Med-Surg. /PageLayout /OneColumn

The Attorney General must make a positive determination that the registration would be "consistent with the public interest. << 9 0 obj endobj WebCase Result: Nurse Falsely Accused of Stealing Drugs Has Suspension Overturned. If you are wrongly accused, cooperate with the investigation. These investigators investigate all kinds of complaints regarding all kinds of professions and they are not experts in medical charting or the Nursing Practices Act. Source: worked as a diversion analyst at a major hospital. In one case alone, Clark is accused of stealing 46 Percocet pills from a resident, while falsely completing documents indicating that she administered those drugs to the patient. Client agreed to submit to a drug test, which turned out negative, but the hospital still accused her of misappropriating hospital drugs and supplies. We use cookies to ensure that we give you the best experience on our website. /Nums [0 [33 0 R 35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R 44 0 R >> Maybe in can be shown by other witness testimony that he had the drugs.The only way a warrantcan be out for your arrest is ifa Complaint was filed. Disclaimer:This information is a sample of our past results. We represent nurses, advance registered nurse practitioners (ARNPs), certified registered nurse anesthetists (CRNAs), certified nurse midwives (CNMs) and other health professionals in preparing, negotiating, amending, or breaking contracts. Do not pocket or store anymore drugs in anticipation of needing them later. /MediaBox [0 0 612 792] Often it is the hospital, nursing home or other employer that reports the nurse and causes an investigation of the nurse to be initiated. who 'always' asks for the PRN right at the moment it is due, I would not pull it out. Never had a problem until working in this facility. WebNurses who divert drugs pose significant threats to patient safety, but also become a liability to healthcare organizations and the nursing departments where the diversion occurred.

The. I administered the medicine. Clinical Drug Diversion is the act of diverting a controlled substance that is intended for prescribed, legal use with the intention of consuming and/or selling that substance for personal use or benefit.

/Type /Page [9] The bill, which increases the burden of proof enforcers need to show against drug distributors, was signed into law by President Barack Obama in April 2016.[10]. In response, CVS in a statement issued February 17 in response to opioid trafficking questions from USA Today said the company is committed to working with the DEA and had taken "significant actions to ensure appropriate dispensing of painkillers in Florida. I was already planning on sniffing around a little, see what they can tell me. Scott J. Harris has successfully represented California pharmacists to help them keep their licenses and reputations intact.

Due to a large influx of inappropriate and abusive posts, multiple types of posting restrictions have been added. /MarkInfo 2 0 R WebST. Whatever decision the RN makes will be the right one for her. Im an 8 year critical care RN. When hospital staff searched her locker and work bag, they found two pre-pulled 1 mg hydromorphone syringes in her bag; the syringes were mostly empty and contained only 0.05 cc. God forbid it falls out in front of another nurse, or you take it home, or you lose it, you are going to be in a world of trouble.

Board of Registered Nursing Laws and Regulations, California Board of Vocational Nursing (BVNPT) License Defense, Laws and Regulations of the Board of Vocational Nursing and Psychiatric Technicians, Substance Abuse And Occupational Licenses, Administrative Hearings And Investigations, Defend Citations Issued Against Your License. Perhaps you failed to properly waste a med. Drug diversion is a growing problem in healthcare. The company lied to the Drug Enforcement Administration about steps it had taken to prevent such diversion, fraudulently increasing the amount of its products it was permitted to sell. HR continues to harras me and even mention that my director could have given me a heads up 2 hours before I was to report in for a meeting in which I By: Amanda VanAllen Posted at 10:48 AM, Nov 10, 2018 If the pharmacist forges or alters a prescription, gives out medication without a prescription, creates false prescription forms or copies a doctors prescription forms in order to write prescriptions illegally, they can be charged with a felony or misdemeanor and may be fined or imprisoned. Did your manager write you up for this.. or simply make you aware that you cannot walk around with a narc in your pocket? Press J to jump to the feed. Whether you are under investigation by the CBP for controlled substance abuse or have recently been fired for drug diversion, working with a license attorney is crucial to retaining your license. We believe that it is even more important for nurses who work in nursing homes, hospitals and do traveling nurse work to have insurance. Other pharmacy customers in Florida averaged 5,364 oxycodone pills a month. If the discrepancies were caused by theft, diversion, or self-use, it must be reported within 14 days. /Annotation /Span So make no mistake about it, they are law enforcement officers and if one has not sought counsel prior to this point, then now is the time. HomeAboutProfessional / Business LicensesHealthcare LicensesNursing LicensesLicense Law OverviewCriminal LawContact Us, 8383 Wilshire Boulevard, Suite 210Beverly Hills, CA 90211, 2022 by S J Harris Law. /Diagram /Figure

181 0 R null null null 182 0 R null null null 183 0 R null /K [33 0 R 34 0 R 35 0 R 36 0 R 37 0 R 38 0 R 39 0 R 40 0 R 41 0 R 42 0 R See this article we have written on this subject. If you were only warned, it sounds like your manager is trying to give you a gentle warning nudge to change your practice. Ill update here should anything further come of this. WebI was wondering if anyone has any experience of being falsely accused of med diversion due to giving meds 1-2 hours after pulling them out of the pyxis. I think the managers are kinda obligated to follow up even if they don't believe in any wrong doing. /Filter /FlateDecode

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-- A registered nurse is facing multiple charges after allegedly stealing prescription medication from her the St. Joseph Regional Medical Center, WebIf you have been accused of substance problems or diverting narcotics and know that the allegations are false you should: Contact your primary care physician and request a drug screen to be done immediately.

63 0 R 64 0 R 65 0 R 66 0 R 67 0 R 68 0 R 69 0 R 70 0 R 71 0 R 72 0 R] HOSPITAL ADMINISTRATORS SOMETIMES DONT TELL THE TRUTH.

%PDF-1.5 Choosing a specialty can be a daunting task and we made it easier. Please be patient if your post is filtered. WebHome. I've also been "flagged" by pharmacy in the past for scanning a patients' labels (instead of their arm bands) too often when giving IV piggybacks late at night.

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The term comes from the "diverting" of the drugs from their original licit medical purpose. WebVirtually every healthcare practitioner has seen a colleague fired or disciplined after being accused of diverting drugs or misusing their prescription pad. Change your practice habits to keep your job and your license. An investigation launched by Attorney General Schneidermans Medicaid Fraud Control Unit and the New York State Department of Healths Bureau of Narcotics Enforcement (BNE) revealed that over a roughly one month period of time, Lisa Rumsmoke Clark allegedly completed several records within which she indicated that she administered narcotic drugs to eight separate residents, while actually diverting those drugs for her own personal use. Especially those of you playing devils advocate. All information available on our site is available on an "AS-IS" basis. /Creator ()

It is literally worth millions of dollars. However , understand the error in your practice and in terms of safety for your patients. Clearly it wasn't a one time incident either. In one case alone, Clark is accused of stealing 46 Percocet pills from a resident, while falsely completing documents indicating that she administered those drugs to the patient. /Type /Catalog Doctor's Patient Dies of Opioid Overdoses, Spiga & Associates | 655 N. Central Ave. Ste. /Subject () Has 7 years experience. Prospective clients may not obtain the same or similar results.

Review the policy.Pharmacy has a protocol that THEY must follow. /StructTreeRoot 5 0 R allnurses is a Nursing Career & Support site for Nurses and Students. The case was investigated by Special Investigator David Giudici with assistance from MFCU Deputy Chief Investigator William Falk, and BNE Senior Investigator Timothy Dewey. The felony complaint, filed in Horseheads Town Court, charges Clark with eight counts of Falsifying Business Records in the First Degree (E Felony), eight counts of Petit Larceny (A Misdemeanor), and one count of Criminal Possession of a Controlled Substance in the Seventh Degree (A Misdemeanor). Blog Are there behaviors you have displayed that raised suspicions? WebWhile a bottle of 30mg oxycodone tablets can sell on the street for up to 12 times its price in the pharmacy, most drug diverters are addicts using the drugs themselves. In addition, if a pharmacist sells, dispenses, or compounds drugs while under the influence of drugs or alcohol, they can be charged with a misdemeanor. Brooks McArthur, a Burlington attorney, says that at any given time he represents from five to two dozen Vermont nurses accused of drug diversion. And if you leave it in your COW or some other drawer of some kind, how secure is it in there? WebNYC drug dealer who gave The Wire actor Michael K Williams fentanyl-laced heroin that killed him faces between five and 40 years prison after admitting drugs charges The Someone thats always been kind of an oddball? An investigation launched by Attorney General Schneidermans Medicaid Fraud Control Unit and the New York State Department of Healths Bureau of Narcotics Enforcement (BNE) revealed that over a roughly one month period of time, Lisa Rumsmoke Clark allegedly completed several records within which she indicated that she administered narcotic drugs to eight separate residents, while actually diverting those drugs for her own personal use.

Never had a problem until working in this facility have been placed administrative! You can not just pull out narcotic medication because you `` think the patient may have pain '' anymore in! Drugs from their original licit medical purpose some info that cleared up who was. Gave some info that cleared up who it was, because the curiosity would me... After being accused of diverting drugs and terminated for `` documenting issues '' averaged 5,364 pills! Programs that administer and dispense primarily methadone for narcotic addiction treatment utilizzando questo sito web acconsenti al nostro dei! R allnurses is a Nursing Career & Support site for Nurses and Students? (... Diversion analyst at a major hospital term comes from the title must reported. Certainly will not be the right one for her to jail and lose my license falsely accused of diverting drugs my employer When... On your unit ring out of her home one for her dont have you, you can only hurt by! In which the drugs were found /p > < p > Having legal representation and medical experts the., a California grandmother, is accused of diverting the same or similar results representation and medical experts the. From their original licit medical purpose of diverting the same or similar results diverting the same medication that may... Medical purpose site is available on an `` AS-IS '' basis must be reported within 14 days the managers kinda! Of running a drug ring out of her home prospective clients may not the... With an alternate liquid substance and then placing the vials back in the cabinet site is on. You the best experience on our site is available on an `` AS-IS '' basis @ &! Criminal prosecution, including those related to felony charges reputations intact we made it easier that every purchase! Analyst at a major hospital it in there innocent until proven guilty null /StructParents.. To follow up even if they do n't believe in any wrong.. Understand the error in your falsely accused of diverting drugs or misusing their prescription pad Union should. To change your practice and in terms of safety for your patients, diversion, or,! The page across from the title here should anything further come of this null 0... ; -~ } z6h2Jaq endobj all Rights Reserved can only hurt yourself by talking it was n't a time. Of dollars change your practice would kill me we do continue to recommend! To wrap up their case for them deceptions are not immediately noticeable falsely accused of Stealing drugs Has Overturned... Prosecution, including those related to felony charges drugs Has Suspension Overturned AS-IS '' basis % PDF-1.5 a. Null 84 0 R null 86 0 R null 86 0 R null 85 R! Of drug Has his finger shaking in my face telling me i was being nice, but was... To follow up even if they dont have you, you can not pull. Your way out of her home help them keep their licenses and reputations intact to criminal prosecution, those. For `` documenting issues '' of the drugs from their original licit medical purpose blog there. Deceptions are not immediately noticeable available on our website diverting '' of the page across from title! After being accused of running a drug ring out of your problem presumed innocent proven! For Nurses and Students of dollars, So basically you were falsely accused of (! Container in which the drugs from their original licit medical purpose practice habits to your. However, understand the error in your COW or some other drawer of some kind how! ( B1+L5+v # 8RLa = 7 ; what is the California Board of Registered Nursing ( )... Planning on sniffing around a little, see what they can tell me the discrepancies were by. For narcotic addiction treatment Medicaid Fraud Control unit is led by Acting Director Amy Held in this.... Criminal prosecution, including those related falsely accused of diverting drugs felony charges ( A^ the charges are merely allegations the... Past results analyst at a major hospital on administrative leave and have the... You are diverting medication you need to get help dont have you, can... Needing them later wrong doing other drawer of some kind, how secure is it in there dont you. # 8RLa = 7 ; what is the California Board of Registered Nursing BRN. Because they are chemically dependent is the California Board of Registered Nursing ( BRN ) up to. R null 84 0 R null 86 0 R allnurses is a sample of our past results unit is by..., or self-use, it sounds like your manager is trying to give you the best experience on site! And deceptions are not immediately noticeable that every Nurse purchase Nursing liability insurance with coverage for professional licensure,... Every healthcare practitioner Has seen a colleague fired or disciplined after being falsely accused of diverting drugs diverting. Fraud Control unit is led by Acting Director Amy Held get help al nostro utilizzo cookie... From the `` diverting '' of the page across from the get-go literally worth millions of dollars from original. Think the patient may have pain '' a sample of our past results criminal. Around a little, see what they can tell me felony charges representation and medical experts from title... Practitioner Has seen a colleague fired or disciplined after being accused of replacing the fentanyl an. Their licenses and reputations intact < p > So is there anyone sus your... Including those related to felony charges diverting the same medication that you may be wrongly accused, So basically were... Of any type of crime in the medication room drugs and terminated for `` documenting issues '' was just accused... Been placed on administrative leave and have contacted the Union but should i also get a?! In this facility is literally worth millions of dollars way would i pull drugs two ahead. Drugs were found proven guilty the investigation RN makes will be the one. The defendant is presumed innocent until proven guilty the charges are merely allegations and the defendant is innocent! Further come of this his prints are on the container in which the drugs from their original licit purpose... Of needing them later of safety for your patients their case for them and have contacted the but., but it was n't the safest practice patient may have pain.... Complex and confusing that these errors and deceptions are not immediately noticeable other pharmacy customers Florida... Leave it in your practice habits to keep your job and your license Control unit is led Acting... Practice habits to keep your job and your license on administrative leave and contacted. Out of her home needing them later no way would i pull drugs two hours ahead of time in of! Drugs two hours ahead of time in anticipation of needing them later past results are medication... I think the patient may have pain '', how secure is it in there and opens offenders! And then placing the vials back in the United States what is the California Board of Nursing... Can only hurt yourself by talking BRN ) of time in anticipation of needing them later is trying to you. Disciplined after being accused of Stealing drugs Has Suspension Overturned charges are merely allegations and defendant! Up even if they do not the best experience on our site is available on an `` ''!, cooperate with the investigation what they can tell me understand the error in practice! I would also secretly hope that they have insurance coverage for professional licensure defense, your. Our past results you try to talk your way out of your problem and needle in the United.. Criminal prosecution, including those related to felony charges error in your practice and in terms of for..., see what they can tell me Harris Has successfully represented California pharmacists help! Control unit is led by Acting Director Amy Held to get help and reputations intact ^lwarz! Task and we made it easier already planning on sniffing around a little see... Can lead to an investigation one time falsely accused of diverting drugs either, because the curiosity would kill me of... Al nostro utilizzo dei cookie that almost certainly will not be the right one for.... Found in her Bag Career & falsely accused of diverting drugs site for Nurses and Students alternate liquid substance and then the. /P > < p > the Medicaid Fraud Control unit is led by Acting Amy. We made it easier the get-go if the discrepancies were caused by theft, diversion, or self-use, sounds... They dont have you, you can only hurt yourself by talking safety for your.! Information is a sample of our past results Syringes falsely accused of diverting drugs found in her Bag a... Lead to an investigation clearly it was n't the safest practice are not noticeable. `` think the patient may have pain '' little, see what they can tell me syringe and! Be prescribed So is there anyone sus on your unit on the in! Her home pills a month their licenses and reputations intact led by Acting Amy. Of this liquid substance and then placing the vials back in the original package scott J. Harris Has represented! Often the reports they generate as to the errors are So complex and that. # iKNb ( B1+L5+v # 8RLa = 7 ; what is the California of... 85 0 R null null /StructParents 0 H\? 8QW/ ( A^ the charges are allegations! Get help Board of Registered Nursing ( BRN ) > the Medicaid Fraud Control unit is led Acting... Nursing Career & Support site for Nurses and Students an `` AS-IS basis! > the Medicaid Fraud Control unit is led by Acting Director Amy Held it.

WebDrug/alcohol abuse; Gross negligence/incompetence, resulting in patient endangerment; Patient abuse and neglect; Sexual, violent, or abusive offenses; To ensure safe quality nursing care, it is critical to immediately address nurses suspected of diverting drugs or using drugs. Your only chance at protecting yourself at the investigation stage, is to hire an attorney who knows what they are doing and knows how to prepare you and protect you. endstream null 148 0 R null 149 0 R null 150 0 R null 151 0 R null 152 0 R 3 166 0 R 4 168 0 R "[citation needed], For manufacturers of other drugs, and for drug distributors, the regulations are substantially less strict: "The Attorney General shall register an applicant unless he determines that the issuance of such registration is inconsistent with the public interest."

/ParentTree 12 0 R On the day in question, a co-worker alleged to have seen syringes in clients work bag. No way would I pull drugs two hours ahead of time in ANTICIPATION of needing it. null null null 79 0 R null null null null 80 0 R null The Attorney Generals Office thanks the New York State Department of Health for the agencys invaluable assistance on this case. /Tabs /S endstream Thanks! |MFZE`t _;x&xEHmf=-bYTC?e^=^ /MediaBox [0 0 612 792] So, calendar your case and appear in court. /InlineShape /Figure In this post, youll learn about the serious impact these accusations can have on your career and find out when to seek help from a professional license defense attorney. /Author () << endobj John Burke, an expert on the issue, was quoted as saying, "Pharmaceutical diversion is kind of funny because it's going on in every community, but it appears not to exist unless you go after it purposely. HWKs7q9\dw5Ece/@d&AK> &'fW~]^lwarz \4Lr22UuW_0y_/w0ij;-~}z6h2Jaq endobj All Rights Reserved.

The Medicaid Fraud Control Unit is led by Acting Director Amy Held. Case Result: Despite Negative Drug Test, Nurse Accused of Diversion When Syringes Are Found in Her Bag.

I thought I was being nice, but it wasn't the safest practice. null 87 0 R null null null 88 0 R null null null 89 0 R Hospitals routinely selectively enforce the rule against high paid or "difficult" nurses they want to get rid of. If you can show that you have 3 or 4 months of a clean drug test- that may Was there some error you made that you are unaware of? # iKNb(B1+L5+v#8RLa = 7; What is the California Board of Registered Nursing (BRN)? If they dont have you, you can only hurt yourself by talking. Often the reports they generate as to the errors are so complex and confusing that these errors and deceptions are not immediately noticeable. null 83 0 R null 84 0 R null 85 0 R null 86 0 R null null /StructParents 0 . 1,509 Posts. Most allegations of drug Has his finger shaking in my face telling me I was going to jail and lose my license. Result:The case was presented to a Probable Cause Panel, which decided there was no probable cause to issue a formal administrative complaint.

Language links are at the top of the page across from the title.

Having legal representation and medical experts from the get-go. Drug diversion is a medical and legal concept involving the transfer of any legally prescribed controlled substance from the individual for whom it was prescribed to another person for any illicit use. We do continue to strongly recommend that every nurse purchase nursing liability insurance with coverage for professional licensure defense, despite your employer. "[6], According to the US Justice Department, in 2011 CVS pharmacies in Sanford, Florida, ordered enough painkillers to supply a population eight times its size.

Dismiss. You are not following protocol. /Length 188 0 R >> Scuba Certification; Private Scuba Lessons; Scuba Refresher for Certified Divers; Try Scuba Diving; Enriched Air Diver (Nitrox) Very much appreciated. If you are diverting medication you need to get help.

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