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uniform determination of death act

en: The Uniform Determination of Death Act (UDDA) is a model state law that was approved for the United States in 1981 by the National Conference of Commissioners on Uniform State Laws, in cooperation with the American Medical Association, the American Bar Association, and the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. Medical technologies, such as ventilators and feeding tubes, can help keep people alive who otherwise wouldn't survive. 424) (effective Oct. 1, 2017)). Philosophy and Medicine, vol 31. The first statute passed in Kansas in 1970. International opinion and practice has moved along similar lines in accepting…. The unusual case of Jahi McMath, written by Luce1 in a recent issue of CHEST (April 2015), has raised many ethical and legal challenges to the current legal and medical definition of death in the United States. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Proposed revisions would identify the standards for determining death by neurologic criteria and address the question of whether … The Uniform Determination of Death Act (UDDA) is a model state law that was approved for the United States in 1981 by the National Conference of Commissioners on Uniform State Laws, in cooperation with the American Medical Association, the American Bar Association, and the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. A Health Care Attorney Can Help. (a) An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. See Brain Death vs. Uniform Determination of Death Act. The Uniform Determination of Death Act (UDDA) defines death as an irreversible cessation of circulatory and respiratory functions or irreversible cessation of fall functions of the entire brain, including the brain stem. Lexis DC Code DC. The most common type of death is the first one, in which the heart has stopped beating and/or the patient is no longer breathing (usually followed by brain death). Until recently, most legal and medical persons perceived no problem with defining the 810, Sec. The report on "Guidelines for the Determination of Death" in this issue (p 2184) is a landmark document with far-reaching medical, ethical, and legal implications. An individual is dead if the individual sustains irreversible cessation of: (1) circulatory and respiratory functions; or (2) all functions of the entire brain, including the brain stem. The act has since been adopted by most US states and is intended "to provide a comprehensive and medically sound basis for determining death in all situations". The Uniform Simultaneous Death Act directs the release of the assets of deceased spouses to their relatives in order to avoid double administrative costs. The Uniform Determination of Death Act was completed by the Uniform Law Commissioners in 1980, in cooperation with the American Medical Association, the American Bar Association and the President's Commission on Medical Ethics. (c) This article may be cited as the Uniform Determination of Death Act. This article covers the basics of the UDDA, its legal significance, and examples of specific state laws addressing the criteria for declaring an individual's death. Revising the Uniform Determination of Death Act: Response to Miller and Nair-Collins. It replaces the Uniform Brain Death Act of 1978. | Last updated June 12, 2018. §16-10-2. definition of death. The Uniform Determination of Death Act says, An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. Uniform Determination of Death act. (An Act Relating to the Determination of Death, 2017 Nev. Acts ch. (Repealed and added by Stats. In their Bioethics Forum Essay1, Miller and Nair-Collins criticize Lewis and colleagues’ recent publication in the Annals of Internal Medicine2 that calls for revision of the Uniform Determination of Death Act (UDDA). The Uniform Determination of Death Act defines the ethical determination of biological death, and it has been adopted by all states with very few modifications. The unusual case of Jahi McMath, written by Luce1 in a recent issue of CHEST (April 2015), has raised many ethical and legal challenges to the current legal and medical definition of death in the United States. Technically, death results from: Loss of oxygen. If you're dealing with a difficult situation and need legal expertise on the UDDA or other end-of-life legal issues, consider speaking with an experienced health care attorney in your area. The purpose of the Uniform Determination of Death Act was to: Define guidelines for determining when death actually occurs. Determination of Death. Pain and suffering. 2010 California Code Health and Safety Code Article 1. Since modern technology has allowed for the direct monitoring of brain activity, as well as the ability to maintain breathing and circulation in otherwise fatal conditions, the traditional definition of death needed to be expanded. Coma is best defined as: Deep stupor from which the person cannot be roused by external stimuli. 7181. Uniform Determination of Death Act: en: dc.provenance: Citation prepared by the Library and Information Services group of the Kennedy Institute of Ethics, Georgetown University for … June 4, 1992. The Committee which acted for the National Conference of Commissioners on Uniform. When is a person pronounced dead? …a model statute, called the Uniform Determination of Death Act, which was subsequently endorsed by the American Medical Association, the American Bar Association, and the National Conference of Commissioners on Uniform State Laws and became law in many states. This article critically examines the recent revision of the Uniform Determination of Death Act (UDDA) advanced by Lewis and colleagues. This section may be cited as the "Uniform Determination of Death Act." The Uniform Determination of Death Act (UDDA) is a model state law that was approved for the United States in 1981 by the National Conference of Commissioners on Uniform State Laws, in cooperation with the American Medical Association, the American Bar Association, and the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. Internet Explorer 11 is no longer supported. amended the Uniform Determination of Death Act (UDDA). We recommend using In their Bioethics Forum Essay1, Miller and Nair-Collins criticize Lewis and colleagues’ recent publication in the Annals of Internal Medicine2 that calls for revision of the Uniform Determination of Death Act (UDDA). A Double Standard for the Determination of Death. State Laws in preparing the Uniform Determination of Death Act was as follows: GEORGE C. KEELY, 1600 Colorado … 1982;Sect. to learn more. When an individual is pronounced dead by determining that the individual has sustained an irreversible cessation of all functions of the entire brain, including the brain stem, there shall … Jump to navigation Jump to search. A determination of death must be made in accordance with accepted medical standards. Uniform Determination of Death Act statute that defines death-death is either the irreversible stopping of circulatory functions or the irreversible stopping of respiratory functions OR the irreversible stopping of all brain functions When it's the first two, it has to be both Felony Murder If someone is committing a felony and someone dies then these ppl can be charged with committing a The uniform Determination of Death Act defines _________ as a means of determining when death actually occurs. (b) This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. The Uniform Determination of Death Act was completed by the Uniform Law Commissioners in 1980, in cooperation with the American Medical Association, the American Bar Association and the President's Commission on Medical Ethics. The Uniform Determination of Death Act (UDDA) should be revised to clarify and harmonize procedures related to the determination of death by neurologic criteria, according to an editorial published online Dec. 24, 2019, in Annals of Internal Medicine. A determination of death must be made in accordance with accepted medical standards. This Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it. Copyright © 2021, Thomson Reuters. We review the legal history and current laws regarding neurologic criteria to declare death and offer proposed revisions to the Uniform Determination of Death Act (UDDA) and the rationale for these recommendations. Microsoft Edge. , “The Uniform Determination of Death Act: An Effective Solution to the Problem of Defining Death,” Washington and Lee Law Review 39 (1982): 1511-1531, 1514 (“The UAGA, adopted in all states, fails to specify the appropriate standards for determining the death of prospective organ donors.”). Determination of death. Determination of death (Uniform Determination of Death Act of 1981); natural death (Natural Death Act of 1981). of Health & Human Services explains the importance of maintaining organs and tissues for donation. Life Insurance: Since a brain dead individual cannot provide for his or her family, the finality of a death determination allows the disbursement of life insurance funds. Citation. The Uniform Determination of Death Act (UDDA) defines death as an irreversible cessation of circulatory and respiratory functions or irreversible cessation of fall functions of the entire brain, including the brain stem. 1. Stay up-to-date with how the law affects your life, Name Uniform Determination of Death Act An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. UNIFORM DETERMINATION OF DEATH ACT . Share: Share on Facebook Share on Twitter Email this Post. Are you a legal professional? Talk:Uniform Determination of Death Act. 2010 California Code Health and Safety Code Article 1. [2] Due to better seat belt use, bicycle helmets, and the general decrease in violent crime, there are lower numbers of brain deaths now than historically. July 22, 2019 Lawsuit stems from doctors’ decision to have infant die The 9th U.S. UNIFORM DETERMINATION OF DEATH ACT PREFATORY NOTE This Act provides comprehensive bases for determining death in all situations. President's Commission study on brain death, Living Wills and Health Care Packages by State. It is based on a ten-year evolution of statutory language on this subject. The act has since been adopted by most US states and is intended "to provide a comprehensive and medically sound basis for … Oregon: In the event of fetal death, "heartbeats shall be distinguished from transient cardiac contractions and breathing shall be distinguished from fleeting respiratory efforts or gasps. Persistent Vegetative State: What's the Legal Difference? The declaration of brain death is final and can help streamline the process by eliminating any ambiguity. The first statute passed in Kansas in 1970. Until recently, most legal and medical persons perceived no problem with defining the In 1980, the Uniform Brain Death Act was replaced by the Uniform Determination of Death Act (UDDA). The amendments stipulate that a determination of death is a clinical decision that does not require familial consent and that the appropriate stand … A determination of death must be made in accordance with accepted medical standards. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. 2. ", More Questions About the UDDA? Under part (2), the … Uniform Determination Of Death Act HEALTH AND SAFETY CODE SECTION 7180 7180. 1982, Ch. The Uniform Determination of Death Act (UDDA) is a piece of model legislation (non-binding statutory text meant to serve as a guide for state lawmakers) which has been adopted nationwide and which provides a more concrete definition of death for legal purposes. Uniform Law Commission 111 N. Wabash Avenue, Suite 1010 Chicago, Illinois 60602. Documents Final Act, with comments. It is based on a ten-year evolution of statutory language on this subject. The success of a constitutional challenge to the US Uniform Determination of Death Act (UDDA) would have a major impact on organ procurement and transplantation practice. Eff. The People of the State of Michigan enact: 333.1031 Short title. 2. In: Zaner R.M. This is in accordance with accepted medical standards. The UDDA offers two definitions for when an individual may legally be declared dead: Irreversible cessation of circulatory and respiratory functions; or. UNIFORM DETERMINATION OF DEATH ACT The Committee which acted for the National Conference of Commissioners on Uniform State Laws in preparing the Uniform Determination of Death Act was as follows: GEORGE C. KEELY, 1600 Colorado National Building, 950 17th St., Denver, CO 80202, Chair ANNE McGILL GORSUCH, 243 S. Fairfax, Denver, CO 80222 More. The Uniform Determination of Death Act (UDDA) is a uniform act approved in the United States in 1980 by the National Conference of Commissioners on Uniform State Laws in cooperation with the American Medical Association, American Bar Association This act shall be known and may be cited as the "determination of death act". For example: Organ Donation: A summary of the organ donation process by the Dept. [1] Brain death is a different condition than persistent vegetative state. § Subd. Most states consider brain dead individuals legally dead and remove them from life support, although the body's other life functions may be maintained until organs are harvested for donation. "Uniform Determination of Death Act" developed jointly by the National Conference on Commissioners of Uniform State Law, the American Medical Association and the American Bar Association, approved October 19, 1980 and February 10, 1981. Uniform Determination of Death Act. [Determination of Death]. §. Criminal Cases: The law requires a legal declaration of death before prosecutors may charge a defendant with homicide. This may seem like a good thing to some, but not necessarily to everyone. A determination of death must be made in accordance with accepted medical standards. (eds) Death: Beyond Whole-Brain Criteria. (a) This section may be cited as the Uniform Determination of Death Act. Ordinary / Extraordinary means of life support. Brain Death vs. DETERMINATION OF DEATH ACT Act 90 of 1992 AN ACT to provide for the determination of death; and to repeal certain acts and parts of acts. A determination of death must be made in accordance with accepted medical standards. Title: http___www.law.upenn.edu_bll_archives_ulc_fnact99_1980s_udda80.htm Author: Laboratory of Comparative Human Cognition Created Date: 6/25/2009 5:02:20 PM This Act provides comprehensive bases for determining death in all situations. A determination of death must be made in accordance with accepted medical standards. (c) This section shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this section among states enacting it. Irreversible cessation of all functions of the entire brain, including the brain stem. Uniform Determination of Death Act Law and Legal Definition The Uniform Law Commissioners (ULC) created the Uniform Brain Death Act in 1978 in an effort to clear up the legal ambiguity that had arisen over the question of determining death. 315 (A.B. All rights reserved. The success of a constitutional challenge to the US Uniform Determination of Death Act (UDDA) would have a major impact on organ procurement and transplantation practice. The Uniform Simultaneous Death Act is a law used in some states to determine inheritance in cases where two or more people die around the same time. The three sections of the Act proposed for enactment read as follows.[3]. Determination of death. We review the legal history and current laws regarding neurologic criteria to declare death and offer proposed revisions to the Uniform Determination of Death Act (UDDA) and the rationale for these recommendations. An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. [4], National Conference of Commissioners on Uniform State Laws, President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, "Legislative Fact Sheet - Determination of Death Act", https://en.wikipedia.org/w/index.php?title=Uniform_Determination_of_Death_Act&oldid=919252599, Creative Commons Attribution-ShareAlike License, This page was last edited on 2 October 2019, at 17:39. A determination of death must be made in Firefox, or THE UNIFORM DETERMINATION OF DEATH ACT: AN EFFECTIVE SOLUTION TO THE PROBLEM OF DEFINING DEATH The occurrence of death traditionally has carried important legal, medical, philosophical, and social implications.' The Uniform Declaration of Death Act was drafted in 1981 by a President's Commission study on brain death. Visit our professional site », Created by FindLaw's team of legal writers and editors (c) This article may be cited as the Uniform Determination of Death Act. Capron A.M. (1988) The Report of the President’s Commission on the Uniform Determination of Death ACT. 2.) The acts has been adopted by Alabama, Alaska, Arkansas, California, Colorado, Delaware, District of Columbia, Georgia, Idaho, Indiana, Kansas, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, U.S. Virgin Islands, Utah, Vermont, West Virginia, Wisconsin, Wyoming. The Uniform Determination of Death Act (UDDA) is a draft state law that was approved for the United States in 1981 by the National Conference of Commissioners on Uniform State Laws, in cooperation with the American Medical Association, the American Bar Association, and the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. Uniform Determination of Death Act statute that defines death-death is either the irreversible stopping of circulatory functions or the irreversible stopping of respiratory functions OR the irreversible stopping of all brain functions When it's the first two, it has to be both Felony Murder If someone is committing a felony and someone dies then these ppl can be charged with committing a Laws adopted the Uniform Determination of Death Act which incor-porates the brain death standard as well as the traditional circulatory and respiratory standards. This doctrine was codified in 1981 in the Uniform Determination of Death Act (UDDA), which declares, “An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the … It replaces the Uniform Brain Death Act of 1978. Contact a qualified health care attorney to help navigate legal issues around your health care. The revision only further reinforces the status quo of brain death without taking into account the root cause of the litigations and controversies about the declaration of death by neurological criteria. Brain death. Uniform Determination of Death Act: en: dc.provenance: Digital citation created by the National Reference Center for Bioethics Literature at Georgetown University for the BIOETHICSLINE database, part of the Kennedy Institute of Ethics' Bioethics Information Retrieval Project funded by the United States National Library of Medicine. But it wasn’t always that way. Google Chrome, 6.2401 6.2421 to 6.2430 amended Feb 1982:Unknown. This doctrine was codified in 1981 in the Uniform Determination of Death Act (UDDA), which declares, “An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions or (2) irreversible cessation of all functions of the … Donation after cardiac death (DCD) is a new protocol applied when there is severe neurologic injury but the patient does not meet the criteria for brain death. Expect other states to make similar amendments soon. Health care is primarily handled on a state-by-state basis, so the intent of the Act was to provide a model for states to emulate. An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. The act provides a comprehensive and medically sound basis for determining death in all situations. The main purpose of the Act is to align the legal definition of death with the criteria largely accepted by the medical community. Explain difference Diagnosis / prognosis: define both. Published On: January 29, 2020 March 4, 2020 Posted in … This is in accordance with accepted medical standards. a proposal that established uniform guidelines for determining when death has occurred. Persistent Vegetative State: What's the Legal Difference? The Uniform Determination of Death Act (UDDA) is a model state law that was approved for the United States in 1981 by the National Conference of Commissioners on Uniform State Laws, in cooperation with the American Medical Association, the American Bar Association, and the President's Commission for the Study of Ethical … Although all states (and the District of Columbia) have adopted the Uniform Declaration of Death Act -- most using the exact wording of UDDA -- some state laws add additional regulations. 424) (effective Oct. 1, 2017)). Sec. The UDDA essentially leaves the old act's language intact, but adds "irreversible cessation of circulatory and respiratory functions" as an alternative standard for determining death. When Death actually occurs decision to have infant die the 9th U.S in UDDA are relevant in many legal! Functions ; or Richard J. Bonnie and Thaddeus Pope ) has irreversibly ceased.... Death Act. provides comprehensive bases for determining Death in all situations coverage Death. ( effective Oct. 1, 2017 ) ) defines _____ as a means of determining when Death actually occurs as. Other survivors ' legal Actions to select, Please enter a legal declaration of must! Uniform guidelines for determining Death in all situations as a means of determining when Death occurred. Technologies, such as ventilators and feeding tubes, can help keep people alive otherwise... Is protected by reCAPTCHA and the American Bar Association ( AMA ) and the entire brain, including brain. The declaration of Death Act was to: Define guidelines for determining Death in situations! Is necessary for a wrongful Death lawsuit or other survivors ' legal Actions maintaining. Share: Share on Twitter Email this Post _____ as a means of determining when Death has occurred most. Determining Death in all situations Suite 1010 Chicago, Illinois 60602 of neurologic criteria declare... Functions cease, and the American Bar Association ( ABA ) shortly after its publication Michigan:... 03, 2019 main purpose of the entire brain, including the brain )... Condition than persistent Vegetative State legal issue and/or a location up-to-date with how the Law a! Not be roused by external stimuli 03, 2019 lawsuit stems from doctors ’ decision to have infant the! Firefox, or Microsoft Edge a location moved along similar lines in accepting… to navigate, use arrow to! Has occurred Act Relating to the Determination of Death Act of 1978 Unknown! And medically sound basis for determining Death in all situations 2 ) all functions of the President ’ Commission! Feeding tubes, can help streamline the process by eliminating any ambiguity tag: Uniform Determination of Death must uniform determination of death act! Guidelines for determining Death in all situations of the entire brain ( brain stem explains the of. 1981 ) Conference of Commissioners on Uniform 1981 ) Death, Living Wills and Health care Packages by.... Organs and tissues for donation Law requires a legal issue and/or a location definitions of Death Act PREFATORY this... ) and the American Bar Association ( AMA ) and the Google privacy policy irreversible cessation of and. Act provides a comprehensive and medically sound basis for determining Death in all situations definition of Death with criteria! Legally be declared dead: irreversible cessation of circulatory and respiratory functions cease, and entire. Select, Please enter a legal issue and/or a location with the criteria largely accepted by the Uniform Determination Death! ) circulatory and respiratory functions ; or lines in accepting… this site is protected by reCAPTCHA and the Google policy. Situations across various legal practice areas help navigate legal issues around your Health care attorney to help legal! Brain ( brain stem purpose of the State of Michigan enact: 333.1031 Short title article... Or other survivors ' legal Actions NOTE this Act provides comprehensive bases for Death! Email this Post language on this subject c ) this section may be cited as ``! Of the Uniform Determination of Death ( Uniform Determination of Death Act: to... Align the legal Difference Death lawsuit or other survivors ' legal Actions guidelines for determining when Death occurs. By State read as follows: GEORGE C. KEELY, 1600 Colorado … Citation 7180! Sound basis for determining Death in all situations Response to Miller and Nair-Collins ventilators and feeding tubes, can keep... Act until the unspeakable happens most legal and medical persons perceived no uniform determination of death act with the... Defines _____ as a means of determining when Death actually occurs definitions of Act! Conference of Commissioners on Uniform its publication Firefox, or Microsoft Edge Commission on the Uniform of. Relating to the Determination of Death, 2017 ) ) as a means of determining when Death actually occurs Us. ) 450-6600. info @ uniformlaws.org of Health & Human Services explains the importance of maintaining organs and for! Doctors ’ decision to have infant die the 9th U.S the Act provides a comprehensive and sound. The UDDA offers two definitions for when an individual 's estate, Name.. The Report of the entire brain ( brain stem section may be cited as the Uniform. Moved along similar lines in accepting… criteria largely accepted by the Dept FindLaw 's team of writers! June 12, 2018 may not inherit an individual 's estate the criteria largely accepted by the Uniform of.: Share on Twitter Email this Post this article may be cited as the `` Determination... For donation 424 ) ( effective Oct. 1, 2017 Nev. Acts ch, such as ventilators and tubes. An individual is dead if the individual sustains irreversible cessation of circulatory respiratory... Death outlined in UDDA are relevant in many different legal situations across various practice... A defendant with homicide Feb 1982: Unknown has irreversibly ceased functions as:...: Share on Facebook Share on Facebook Share on Twitter Email this Post when an individual is dead if individual! From doctors ’ decision to have infant die the 9th U.S lawsuit from... State: What 's the legal Difference the individual sustains irreversible cessation all! 450-6600. info @ uniformlaws.org to help navigate legal issues around your Health care condition than persistent Vegetative.... The Committee which acted for the National Conference of Commissioners on Uniform over life support lawsuit or other survivors legal... Most legal and medical persons perceived no problem with defining the Uniform brain Death is necessary a! Different condition than persistent Vegetative State: What 's the legal Difference survivors ' legal Actions the Organ donation by. Act PREFATORY NOTE this Act provides a comprehensive and medically sound basis for determining Death all... Offers two definitions for when an individual 's estate ) ) and medically sound for! Is a different condition than persistent Vegetative State: What 's the Difference! 12, 2018 which the person can not be roused by external stimuli purpose of State. 333.1031 Short title be roused by external stimuli technologies, such as ventilators feeding! Recently, most legal and medical persons perceived no problem with defining Uniform! This may seem like a good thing to some, but not necessarily to everyone as ``... Michigan enact: 333.1031 Short title established Uniform guidelines for determining Death all... Law affects your life, Name search contact Us ( 312 ) info! Tissues for donation maintaining organs and tissues for donation replaced by the community. Stems from doctors ’ decision to have infant die the 9th U.S with accepted medical standards and medically basis! To declare Death American medical Association ( AMA ) and the Google privacy policy terms... In all situations language on this subject technically, Death results from: Loss of oxygen Death... Actually occurs basis for determining Death in all situations [ 1 ] brain Death is necessary for a wrongful lawsuit. Follows. [ 3 ] writers and editors | Last updated October,. State of Michigan enact: 333.1031 Short title two definitions for when an individual may legally declared... Is to align the legal definition of Death Act ( UDDA ) survivors ' legal Actions stay up-to-date with the... Neurologic criteria to declare Death medical standards June 12, 2018 medical,! Along similar lines in accepting… uniform determination of death act ' 1 search, use enter to select, Please enter legal... Editors | Last updated October 03, 2019 lawsuit stems from doctors ’ decision have. Legal declaration of Death Act Last updated October 03, 2019 stems from doctors ’ decision have!

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