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“The only thing necessary for these diseases to the triumph is for good people and governments to do nothing.”

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Arizona statutes under
the heading "Communicable Disease Related Information." 

36-664. Confidentiality; exceptions

http://www.azleg.state.az.us/

A. A person who obtains communicable disease related information in the course of providing a health service or obtains that information from a health care provider pursuant to an authorization shall not disclose or be compelled to disclose that information except to the following:

1. The protected person or, if the protected person lacks capacity to consent, the protected person's health care decision maker.

2. The department or a local health department for purposes of notifying a good Samaritan pursuant to subsection E of this section.

3. An agent or employee of a health facility or health care provider to provide health services to the protected person or the protected person's child or for billing or reimbursement for health services.

4. A health facility or health care provider, in relation to the procurement, processing, distributing or use of a human body or a human body part, including organs, tissues, eyes, bones, arteries, blood, semen, milk or other body fluids, for use in medical education, research or therapy or for transplantation to another person.

5. A health facility or health care provider, or an organization, committee or individual designated by the health facility or health care provider, that is engaged in the review of professional practices, including the review of the quality, utilization or necessity of medical care, or an accreditation or oversight review organization responsible for the review of professional practices at a health facility or by a health care provider.

6. A private entity that accredits the health facility or health care provider and with whom the health facility or health care provider has an agreement requiring the agency to protect the confidentiality of patient information.

7. A federal, state, county or local health officer if disclosure is mandated by federal or state law.

8. A federal, state or local government agency authorized by law to receive the information. The agency is authorized to redisclose the information only pursuant to this article or as otherwise permitted by law.

9. An authorized employee or agent of a federal, state or local government agency that supervises or monitors the health care provider or health facility or administers the program under which the health service is provided. An authorized employee or agent includes only an employee or agent who, in the ordinary course of business of the government agency, has access to records relating to the care or treatment of the protected person.

10. A person, health care provider or health facility to which disclosure is ordered by a court or administrative body pursuant to section 36-665.

11. The industrial commission or parties to an industrial commission claim pursuant to the provisions of section 23-908, subsection D and section 23-1043.02.

12. Insurance entities pursuant to section 20-448.01 and third party payors or the payors' contractors.

13. Any person or entity as authorized by the patient or the patient's health care decision maker.

B. At the request of the department of economic security in conjunction with the placement of children in foster care or for adoption or court-ordered placement, a health care provider shall disclose communicable disease information, including HIV-related information, to the department of economic security.

C. A state, county or local health department or officer may disclose communicable disease related information if the disclosure is any of the following:

1. Specifically authorized or required by federal or state law.

2. Made pursuant to an authorization signed by the protected person or the protected person's health care decision maker.

3. Made to a contact of the protected person. The disclosure shall be made without identifying the protected person.

4. For the purposes of research as authorized by state and federal law.

D. The director may authorize the release of information that identifies the protected person to the national center for health statistics of the United States public health service for the purposes of conducting a search of the national death index.

E. The department or a local health department shall disclose communicable disease related information to a good Samaritan who submits a request to the department or the local health department. The request shall document the occurrence of the accident, fire or other life-threatening emergency and shall include information regarding the nature of the significant exposure risk. The department shall adopt rules that prescribe standards of significant exposure risk based on the best available medical evidence. The department shall adopt rules that establish procedures for processing requests from good Samaritans pursuant to this subsection. The rules shall provide that the disclosure to the good Samaritan shall not reveal the protected person's name and shall be accompanied by a written statement that warns the good Samaritan that the confidentiality of the information is protected by state law.

F. An authorization to release communicable disease related information shall be signed by the protected person or, if the protected person lacks capacity to consent, the protected person's health care decision maker. An authorization shall be dated and shall specify to whom disclosure is authorized, the purpose for disclosure and the time period during which the release is effective. A general authorization for the release of medical or other information, including communicable disease related information, is not an authorization for the release of HIV-related information unless the authorization specifically indicates its purpose as an authorization for the release of confidential HIV-related information and complies with the requirements of this section.

G. A person to whom communicable disease related information is disclosed pursuant to this section shall not disclose the information to another person except as authorized by this section. This subsection does not apply to the protected person or a protected person's health care decision maker.

H. If a disclosure of communicable disease related information is made pursuant to an authorization under subsection F of this section, the disclosure shall be accompanied by a statement in writing that warns that the information is from confidential records protected by state law and that prohibits further disclosure of the information without the specific written authorization of the person to whom it pertains or as otherwise permitted by law.

I. This section does not prohibit the listing of communicable disease related information, including acquired immune deficiency syndrome, HIV-related illness or HIV infection, in a certificate of death, autopsy report or other related document that is prepared pursuant to law to document the cause of death or that is prepared to release a body to a funeral director. This section does not modify a law or rule relating to access to death certificates, autopsy reports or other related documents.

J. If a person in possession of HIV-related information reasonably believes that an identifiable third party is at risk of HIV infection, that person may report that risk to the department. The report shall be in writing and include the name and address of the identifiable third party and the name and address of the person making the report. The department shall contact the person at risk pursuant to rules adopted by the department. The department employee making the initial contact shall have expertise in counseling persons who have been exposed to or tested positive for HIV or acquired immune deficiency syndrome.

K. Except as otherwise provided pursuant to this article or subject to an order or search warrant issued pursuant to section 36-665, a person who receives HIV-related information in the course of providing a health service or pursuant to a release of HIV-related information shall not disclose that information to another person or legal entity or be compelled by subpoena, order, search warrant or other judicial process to disclose that information to another person or legal entity.

L. This section or sections 36-663, 36-666, 36-667 and 36-668 do not apply to persons or entities subject to regulation under title 20.

36-665. Order for disclosure of communicable disease related information

A. Notwithstanding any other law, no court or administrative body may issue an order for the disclosure of or a search warrant for communicable disease related information, except as provided by this section. An administrative body includes any administrative law judge or hearing officer presiding over matters relating to the administrative body.

B. An order for disclosure of or a search warrant for communicable disease related information may be issued on an application showing any one of the following:

1. A compelling need for disclosure of the information for the adjudication of a criminal, civil or administrative proceeding.

2. A clear and imminent danger to a person whose life or health may unknowingly be at significant risk as a result of contact with the person to whom the information pertains.

3. If the application is filed by a state, county or local health officer, a clear and imminent danger to the public health.

4. That the applicant is lawfully entitled to the disclosure and the disclosure is consistent with the provisions of this article.

5. A clear and imminent danger to a person or to public health or a compelling need requiring disclosure of the communicable disease related information.

C. On receiving an application pursuant to this section, the court or administrative body shall enter an order directing that the file be sealed and not made available to any person, except to the extent necessary to conduct a proceeding in connection with the determination of whether to grant or deny the application, including an appeal. The court or administrative body shall also order that all subsequent proceedings in connection with the application be conducted in camera and, if appropriate to prevent the unauthorized disclosure of communicable disease related information, that pleadings, papers, affidavits, judgments, orders, briefs and memoranda of law that are part of the application or the decision not state the name of the person concerning whom communicable disease related information is sought.

 

D. The person concerning whom the information is sought and a person holding records from whom disclosure is sought shall be given adequate notice of the application in a manner which does not disclose to any other person the identity of the person and may file a written response to the application or appear in person for the limited purpose of providing evidence on the criteria for the issuance of an order pursuant to this section.

E. The court or administrative body may grant an order without notice and an opportunity to be heard if an ex parte application by a public health officer shows that a clear and imminent danger to a person whose life or health may unknowingly be at risk requires an immediate order and that notice to the individual about whom the information is sought is not reasonable under the circumstances.

F. Service of a subpoena is not required for actions brought pursuant to subsections D and E.

G. In assessing compelling need and clear and imminent danger, the court or administrative body shall provide written findings of fact, including scientific or medical findings, citing specific evidence in the record which supports each finding, and shall weigh the need for disclosure against the privacy interest of the protected person and the public interest which may be disserved by disclosure which deters future testing or treatment or which may lead to discrimination.

H. An order authorizing disclosure of or a search warrant for communicable disease related information shall:

1. Limit disclosure to that information which is necessary to fulfill the purpose for which the order is granted.

2. Limit disclosure to those persons whose need for the information is the basis for the order, and specifically prohibit redisclosure by persons to any other persons, whether or not they are parties to the action.

3. To the extent possible consistent with this section, conform to the provisions of this article.

4. Include other measures as deemed necessary to limit disclosures not authorized by the order.

I. Notwithstanding any other law, a court or administrative body shall not order the department, a county health department or a local health department to release HIV-related information in its possession.

AN ACT
AMENDING SECTION 36-664, ARIZONA REVISED STATUTES; RELATING TO COMMUNICABLE DISEASE INFORMATION.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-664, Arizona Revised Statutes, is amended to read:

Confidentiality; exceptions

A. No person who obtains confidential communicable disease related information in the course of providing a health service or pursuant to a release of confidential communicable disease related information may disclose or be compelled to disclose that information except to the following:

1. The protected person or, if the protected person lacks capacity to consent, a person authorized pursuant to law to consent to health care for the person.

2. A person to whom disclosure is authorized pursuant to subsection D of this section or as otherwise allowed by law.

3. An agent or employee of a health facility or health care provider if the agent or employee is authorized to access medical records, the health facility or health care provider itself is authorized to obtain the communicable disease related information and the agent or employee provides health care to the protected individual or maintains or processes medical records for billing or reimbursement.

4. A health care provider or health facility if knowledge of the communicable disease related information is necessary to provide appropriate care or treatment to the protected person or the person's child.

5. A health facility or health care provider, in relation to the procurement, processing, distributing or use of a human body or a human body part, including organs, tissues, eyes, bones, arteries, blood, semen, milk or other body fluids, for use in medical education, research or therapy or for transplantation to another person.

6. A health facility, or an organization, committee or individual designated by the health facility, engaged in the review of professional practices, including the review of the quality, utilization or necessity of medical care, or an accreditation or oversight review organization responsible for the review of professional practices at a health facility. Confidential communicable disease related information disclosed to these organizations, committees or individuals shall include only that information necessary for the authorized review and shall not include information directly identifying the protected person.

7. A federal, state, county or local health officer if disclosure is mandated by federal or state law.

8. A government agency specifically authorized by law to receive the information. The agency is authorized to redisclose the information only pursuant to this article or as otherwise permitted by law.

9. A person, health care provider or health care facility to which disclosure is ordered by a court or administrative body pursuant to section 36-665.

10. The department of economic security in conjunction with the placement of children for adoption.

11. The industrial commission or parties to an industrial commission claim pursuant to the provisions of section 23-908, subsection C and 23-1043.02.

12. Insurance entities pursuant to section 20-448.01.

B. Pursuant to a written release as prescribed by subsection D of this section, A state, county or local health DEPARTMENT OR officer may disclose confidential communicable disease related information if the disclosure is any of the following:

1. Specifically authorized or required by federal or state law.

2. Made pursuant to a release of confidential communicable disease related information.

3. Made to a contact of the protected person. THE DISCLOSURE SHALL BE MADE WITHOUT IDENTIFYING THE PROTECTED PERSON.

4. For the purposes of research.

C. The director may authorize the release of information that identifies the protected person to the national center for health statistics of the United States public health service for the purposes of conducting a search of the national death index.

D. A disclosure of information pursuant to subsection B of this section shall be made without identifying the protected person.

E. D. A release of confidential communicable disease related information shall be signed by the protected person or, if the protected person lacks capacity to consent, a person authorized pursuant to law to consent to health care for the person. A release shall be dated and shall specify to whom disclosure is authorized, the purpose for disclosure and the time period during which the release is effective. A general authorization for the release of medical or other information, including confidential communicable disease related information, is not a release of confidential HIV-related information unless the authorization specifically indicates its purpose as a general authorization and an authorization for the release of confidential HIV-related information and complies with the requirements of this section.

F. E. A person to whom confidential communicable disease related information is disclosed pursuant to this section shall not disclose the information to another person except as authorized by this section. This subsection does not apply to the protected person or a person who is authorized pursuant to law to consent to health care for the protected person.

G. F. If a disclosure of confidential communicable disease related information is made pursuant to a release, the disclosure shall be accompanied by a statement in writing which warns that the information is from confidential records which are protected by state law that prohibits further disclosure of the information without the specific written consent of the person to whom it pertains or as otherwise permitted by law.

H. G. The person making a disclosure pursuant to a release of confidential communicable disease related information shall keep a record of all disclosures. On request, a protected person or his legal representative shall have access to the record.

I. H. A provider of a health service in possession of confidential communicable disease related information relating to a recipient of its service may disclose that information to an authorized employee or agent of a federal, state or local government agency which supervises or monitors the provider or administers the program under which the service is provided or to the private entity that accredits the provider. An authorized employee or agent includes only an employee or agent who, in the ordinary course of business of the government agency or entity, has access to records relating to the care or treatment of the protected person. The information shall not disclose the protected person's name.

J. I. This section does not prohibit the listing of communicable disease related information, including acquired immune deficiency syndrome, HIV-related illness or HIV infection, in a certificate of death, autopsy report or other related document prepared pursuant to law to document the cause of death. This section does not modify a law or rule relating to access to death certificates, autopsy reports or other related documents.

K. J. If a person in possession of confidential HIV-related information reasonably believes that an identifiable third party is at risk of HIV infection that person may report that risk to the department. The report shall be in writing and include the name and address of the identifiable third party and the name and address of the person making the report. The department shall contact the person at risk pursuant to rules adopted by the department. The department employee making the initial contact shall have expertise in counseling persons who have been exposed to or tested positive for HIV or acquired immune deficiency syndrome.

L. K. Except as otherwise provided pursuant to this article or subject to an order or search warrant issued pursuant to section 36-665, no person who receives confidential HIV-related information in the course of providing a health service or pursuant to a release of confidential HIV-related information may disclose that information to another person or legal entity or be compelled by subpoena, order, search warrant or other judicial process to disclose that information to another person or legal entity.

M. L. Nothing in this section or sections 36-663, 36-666, 36-667 and 36-668 of this chapter shall apply to persons or entities subject to regulation under title 20.

APPROVED BY THE GOVERNOR MAY 19, 1998.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 20, 1998.



NEW LANGUAGE APPEARS LIKE THIS
Stricken language appears like this
Remaining language appears like this

 


SB1337 - 431R - I Ver

Reference Title: confidential information; release; good samaritans

AN ACT
AMENDING SECTIONS 36-661 AND 36-664, ARIZONA REVISED STATUTES; RELATING TO COMMUNICABLE DISEASE RELATED INFORMATION.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-661, Arizona Revised Statutes, is amended to read:

. Definitions

In this article, unless the context otherwise requires:

1. "Acquired immune deficiency syndrome" has the same meaning as defined by the centers for disease control of the United States public health service.

2. "Capacity to consent" means a person's ability, determined without regard to the person's age, to understand and appreciate the nature and consequences of a proposed health care service, treatment or procedure and to make an informed decision concerning that service, treatment or procedure.

3. "Child" means an unemancipated person under eighteen years of age.

4. "Communicable disease" means a contagious, epidemic or infectious disease required to be reported to the local board of health or the department pursuant to chapters 1 and 6 CHAPTER 1 of this title AND THIS CHAPTER .

5. "Confidential communicable disease related information" means information regarding a communicable disease in the possession of a person who provides health services or who obtains the information pursuant to the release of confidential communicable disease related information.

6. "Confidential HIV-related information" means information concerning whether a person has had an HIV-related test or has HIV infection, HIV-related illness or acquired immune deficiency syndrome and includes information which identifies or reasonably permits identification of that person or the person's contacts.

7. "Contact" means a spouse or sex partner of a protected person, a person who has shared hypodermic needles or syringes with a protected person or a person otherwise exposed to a protected person with a communicable disease in a manner that poses an epidemiologically significant risk of transmission of that disease.

8. "Department" means the department of health services.

9. "Director" means the director of the department of health services.

10. "GOOD SAMARITAN" MEANS A PERSON WHO RENDERS EMERGENCY CARE OR ASSISTANCE IN GOOD FAITH AND WITHOUT COMPENSATION AT THE SCENE OF ANY ACCIDENT, FIRE OR OTHER LIFE-THREATENING EMERGENCY AND WHO BELIEVES THAT A SIGNIFICANT EXPOSURE RISK OCCURRED WHILE THE PERSON RENDERED CARE OR ASSISTANCE.

10. 11. "Health care provider" means a physician, nurse or other person involved in providing medical, nursing, counseling or other health care or mental health services.

11. 12. "Health facility" means a health care institution as defined in section 36-401, a blood bank, blood center, milk bank, sperm bank, organ or tissue bank or clinical laboratory or a health care services organization holding a certificate of authority pursuant to section 20-1054.

12. 13. "Health service" means public or private care, treatment, clinical laboratory tests, counseling or educational service for adults or children and acute, chronic, custodial, residential, outpatient, home or other health care or activities related to the detection, reporting, prevention and control of communicable or preventable diseases.

13. 14. "HIV" means the human immunodeficiency virus.

14. 15. "HIV infection" means infection with the human immunodeficiency virus or a related virus identified as a probable causative agent of acquired immune deficiency syndrome.

15. 16. "HIV-related illness" means an illness that may result from or be associated with HIV infection.

16. 17. "HIV-related test" means a laboratory test or series of tests for the virus, components of the virus or antibodies to the virus thought to indicate the presence of HIV infection.

17. 18. "Protected person" means a person who takes an HIV-related test or who has been diagnosed as having HIV infection, acquired immune deficiency syndrome, HIV-related illness or another communicable disease.

18. 19. "Release of confidential communicable disease related information" means a written authorization for disclosure of confidential communicable disease related information.

20. "SIGNIFICANT EXPOSURE RISK" MEANS CONTACT WITH ANOTHER PERSON IN A MANNER THAT, IF THE OTHER PERSON HAS A COMMUNICABLE DISEASE, POSES AN EPIDEMIOLOGICALLY SIGNIFICANT RISK OF TRANSMISSION OF THAT DISEASE.

Sec. 2. Section 36-664, Arizona Revised Statutes, is amended to read:

. Confidentiality; exceptions

A. No person who obtains confidential communicable disease related information in the course of providing a health service or pursuant to a release of confidential communicable disease related information may disclose or be compelled to disclose that information except to the following:

1. The protected person or, if the protected person lacks capacity to consent, a person authorized pursuant to law to consent to health care for the person.

2. A person to whom disclosure is authorized pursuant to subsection D of this section or as otherwise allowed by law.

3. An agent or employee of a health facility or health care provider if the agent or employee is authorized to access medical records, the health facility or health care provider itself is authorized to obtain the communicable disease related information and the agent or employee provides health care to the protected individual or maintains or processes medical records for billing or reimbursement.

4. A health care provider or health facility if knowledge of the communicable disease related information is necessary to provide appropriate care or treatment to the protected person or the person's child.

5. A health facility or health care provider, in relation to the procurement, processing, distributing or use of a human body or a human body part, including organs, tissues, eyes, bones, arteries, blood, semen, milk or other body fluids, for use in medical education, research or therapy or for transplantation to another person.

6. A health facility, or an organization, committee or individual designated by the health facility, engaged in the review of professional practices, including the review of the quality, utilization or necessity of medical care, or an accreditation or oversight review organization responsible for the review of professional practices at a health facility. Confidential communicable disease related information disclosed to these organizations, committees or individuals shall include only that information necessary for the authorized review and shall not include information directly identifying the protected person.

7. A federal, state, county or local health officer if disclosure is mandated by federal or state law.

8. A government agency specifically authorized by law to receive the information. The agency is authorized to redisclose the information only pursuant to this article or as otherwise permitted by law.

9. A person, health care provider or health care facility to which disclosure is ordered by a court or administrative body pursuant to section 36-665.

10. The department of economic security in conjunction with the placement of children for adoption.

11. The industrial commission or parties to an industrial commission claim pursuant to the provisions of section 23-908, subsection C and 23-1043.02.

12. Insurance entities pursuant to section 20-448.01.

B. Pursuant to a written release as prescribed by subsection D E of this section, a state, county or local health officer may disclose confidential communicable disease related information if the disclosure DOES NOT IDENTIFY THE PROTECTED PERSON AND is any of the following:

1. Specifically authorized or required by federal or state law.

2. Made pursuant to a release of confidential communicable disease related information.

3. Made to a contact of the protected person.

4. For the purposes of research.

C. The director may authorize the release of information that identifies the protected person to the national center for health statistics of the United States public health service for the purposes of conducting a search of the national death index.

D. A disclosure of information pursuant to subsection B of this section shall be made without identifying the protected person.

D. THE DEPARTMENT SHALL DISCLOSE CONFIDENTIAL COMMUNICABLE DISEASE RELATED INFORMATION TO A GOOD SAMARITAN WHO SUBMITS A WRITTEN REQUEST TO THE DEPARTMENT. THE REQUEST SHALL DOCUMENT THE OCCURRENCE OF THE ACCIDENT, FIRE OR OTHER LIFE-THREATENING EMERGENCY AND SHALL INCLUDE INFORMATION REGARDING THE NATURE OF THE SIGNIFICANT EXPOSURE RISK. THE DEPARTMENT SHALL ADOPT RULES THAT ESTABLISH PROCEDURES FOR PROCESSING REQUESTS FROM GOOD SAMARITANS PURSUANT TO THIS SUBSECTION. THE RULES SHALL PROVIDE THAT THE DISCLOSURE TO THE GOOD SAMARITAN SHALL NOT REVEAL THE PROTECTED PERSON'S NAME AND SHALL BE ACCOMPANIED BY A WRITTEN STATEMENT THAT WARNS THE GOOD SAMARITAN THAT THE CONFIDENTIALITY OF THE INFORMATION IS PROTECTED BY STATE LAW.

E. A release of confidential communicable disease related information shall be signed by the protected person or, if the protected person lacks capacity to consent, a person authorized pursuant to law to consent to health care for the person. A release shall be dated and shall specify to whom disclosure is authorized, the purpose for disclosure and the time period during which the release is effective. A general authorization for the release of medical or other information, including confidential communicable disease related information, is not a AN AUTHORIZATION FOR THE release of confidential HIV-related information unless the authorization specifically indicates its purpose as a general authorization and an authorization for the release of confidential HIV-related information and complies with the requirements of this section.

F. A person to whom confidential communicable disease related information is disclosed pursuant to this section shall not disclose the information to another person except as authorized by this section. This subsection does not apply to the protected person or a person who is authorized pursuant to law to consent to health care for the protected person.

G. If a disclosure of confidential communicable disease related information is made pursuant to a release, the disclosure shall be accompanied by a statement in writing which warns that the information is from confidential records which are protected by state law that prohibits further disclosure of the information without the specific written consent of the person to whom it pertains or as otherwise permitted by law.

H. The person making a disclosure pursuant to a release of confidential communicable disease related information shall keep a record of all disclosures. On request, a protected person or his A PROTECTED PERSON'S legal representative shall have access to the record.

I. A provider of a health service in possession of confidential communicable disease related information relating to a recipient of its service may disclose that information to an authorized employee or agent of a federal, state or local government agency which supervises or monitors the provider or administers the program under which the service is provided or to the private entity that accredits the provider. An authorized employee or agent includes only an employee or agent who, in the ordinary course of business of the government agency or entity, has access to records relating to the care or treatment of the protected person. The information shall not disclose the protected person's name.

J. This section does not prohibit the listing of communicable disease related information, including acquired immune deficiency syndrome, HIV-related illness or HIV infection, in a certificate of death, autopsy report or other related document prepared pursuant to law to document the cause of death. This section does not modify a law or rule relating to access to death certificates, autopsy reports or other related documents.

K. If a person in possession of confidential HIV-related information reasonably believes that an identifiable third party is at risk of HIV infection that person may report that risk to the department. The report shall be in writing and include the name and address of the identifiable third party and the name and address of the person making the report. The department shall contact the person at risk pursuant to rules adopted by the department. The department employee making the initial contact shall have expertise in counseling persons who have been exposed to or tested positive for HIV or acquired immune deficiency syndrome.

L. Except as otherwise provided pursuant to this article or subject to an order or search warrant issued pursuant to section 36-665, no person who receives confidential HIV-related information in the course of providing a health service or pursuant to a release of confidential HIV-related information may disclose that information to another person or legal entity or be compelled by subpoena, order, search warrant or other judicial process to disclose that information to another person or legal entity.

M. Nothing in this section or sections 36-663, 36-666, 36-667 and 36-668 of this chapter shall apply to persons or entities subject to regulation under title 20.

 

 

 

 

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