in the search field. Determination of Death: 19 V.I.C. Determination of death. Subdivision 1.Citation.This section may be cited as the "Uniform Determination of Death Act." 7 This question continues to be … Code § 12-28-3-1 et seq. Code § 30-2-4-1 et seq. Stat. If you are interested in more sophisticated legal citations, MLA recommends consulting the Chicago Manual of Style. This section may be cited as the Uniform Determination of Death Act. Defining Death: Medical, Legal, and Ethical Issues in the Determination of Death. MN Stat § 145.135 (1996 through Reg Sess), View Previous Versions of the Minnesota Statutes. « Prev. Uniform Law Commission 111 N. Wabash Avenue, Suite 1010 Chicago, Illinois 60602 Subscribe to Justia's The act contains language that allows for acceptable medical standards to be used to determine death. Authors. Brain death determinations have been challenged in courts, but no systematic study has been published in the medical literature. the need for a determination of death standard that is medically and legally uniform.1' The expanding practice of organ transplantation, for example, has emphasized the need for a uniform standard of death that embraces the brain death concept. When citing government entities as authors, begin with the largest and proceed to the smallest with commas between them: United States, Congress, House. The resulting statute—the Uniform Determination of Death Act (UDDA)—was proposed in 1981 and is law in more than half of U.S. jurisdictions, while virtually all the rest have some other, essentially similar statute. § 869, Click “I Agree.” Type < Determination of Death > in the search field. Key things to keep in mind: Do not italicize the titles of laws, acts, or similar political documents or put them in quotation marks. Uniform Determination of Death Act. This second document included what became the Uniform Determination of Death Act (UDDA). 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. … [chapters 1-4 only] Uniform Determination of Death Act Ind. Subd. 340 (Supp. While some American jurisdictions appear to have adopted substantially the same language, Florida is not among these. HIDE … [citation needed] [dubious – discuss] In the United States, each state has laws for determining these two categories of death that are modeled after the Uniform Determination of Death Act. 2.Determination of death.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. 1991). Critics of current practice in DCDD have argued that the donor is not dead at the time organs are procured, and so the procurement of organs from these donors violates the dead donor rule. Uniform Determination of Death Act Alaska Stat. It has been … Brain death has been discussed extensively for the last 25 years. Translation Find a translation for Uniform Determination of Death Act in other languages: Uniform Determination of death.” This section may be cited as the "Uniform Determination of Death Act." Hide … Uniform Determination of Death Act. Determination could provide some insights for Extradition... 39 W uniform determination of death act citation § 1, 12 U.L.A, which operated from 1980 to 1983 Act Add to Delete... Medical literature Property Rights at Death Act. references ( 10 of 82 ) &. Some features of this site may not be the most recent version items by! 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(c) This article may be cited as the Uniform Determination of Death Act. 2.Determination of death.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. § 13.41.005 et seq. Uniform Act for the Extradition of Persons of Unsound Mind . Since it was proposed in 1980, the Uniform Determination of Death Act has provided the legal basis for determination of death by neurological criteria. 2.Determination of death. (c) This article may be cited as the Uniform Determination of Death Act. Determination of death. 2. 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. Citation. S.B. Citations of: Determination of Death by Neurologic Criteria in the United States: The Case for Revising the Uniform Determination of Death Act Ariane Lewis , Richard J. Bonnie , Thaddeus Pope , Leon G. Epstein , David M. Greer , Matthew P. Kirschen , Michael Rubin & James A. Russell Alexander Morgan Capron, The Report of the President’s Commission on the Uniform Determination of Death ACT, Death: Beyond Whole-Brain Criteria, 10.1007/978-94 … Code § 35-48-1-1 et seq. (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. 2.Determination of death. , “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.”). 145.135 UNIFORM DETERMINATION OF DEATH ACT. Add to My List Edit this Entry Rate it: (5.00 / 1 vote). Because the Uniform Determination of Death Act requires irreversible cessation of “all” functions of the “entire” brain, 6 yet because hypothalamic function can persist, a gap exists between clinical standards and the more demanding legal standard. Showing items related by title, author, creator and subject. Uniform Disposition of Community Property Rights at Death Act Alaska Stat. The act contains language that allows for acceptable medical standards to be used to determine death. Uniform Fiduciaries Act Ind. Recommended Citation The Uniform Determination Of Death Act: An Effective Solution To The Problem Of Defining Death, 39 W ash. Suggested Citation: Suggested Citation. Code § 35-48-1-1 et seq. In four states the law derives from a decision by the highest court recognizing cessation of all functions of the brain as one means of determining death (Cate and Capron). 58-59. Washington, D.C.: U.S. Government Printing Office. Relating Generally to the Uniform Determination of Death Act; the Determination of Death; and the Definition of the Term 'Death' in the Uniform Anatomical Gift Act. Inconsistency between the circulatory and the brain death criteria of death in the Uniform Determination of Death Act December 2020 DOI: 10.13140/RG.2.2.17662.61764 United States, Congress, Senate. for determination of death based upon irreversible loss of all brain functions. A determination of death must be made in accordance with accepted medical standards. Ala Code §22–31–1 (1998); Cal Health & Safety Code §7180(a) (West Supp 1997); Fla Stat Ann §382.009(1) (West 1993). Subdivision 1. 2. Uniform Determination of Death Act Nev. Rev. Uniform Determination of Death Act §1 (1980). This section may be cited as the Uniform Determination of Death Act. Thus, the uniform act both codified the earlier common law standard and extended it to deal with the specific problem of "whole brain death." Bioethics Research Library of the Kennedy Institute of Ethics, Publications and Materials of the Bioethics Research Library, American Academy of Neurology. The Uniform Determination of Death Act identifies cessation of circulation as the test for death, and in keeping with the death statutes based on the UDDA, physicians commonly declare patients dead once their circulation permanently stops, despite residual electrocardiographic activity. In 1979, the American Medical Association (AMA) created its own Model Determination of Death statute. (c) This section may be cited as the Uniform Determination of Death Act. 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. (b) 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. A determination of death must be made in accordance with accepted medical standards. Connecticut Medicine. 1991). Subdivision 1.Citation. featuring summaries of federal and state 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. Relating Generally to the Uniform Determination of Death Act; the Determination of Death; and the Definition of the Term 'Death' in the Uniform Anatomical Gift Act. Format for Federal Legislation (on the Web): 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. S.B. Show 10 more references (10 of 82) Citations & impact . A determination of death must be made in accordance with accepted medical standards. The act has since been adopted by most US states and is intended "to provide a comprehensive and medically sound basis for … Recommended Citation The Uniform Determination Of Death Act: An Effective Solution To The Problem Of Defining Death, 39 W ash.. & L ee L. R ev. The overwhelming majority of cases will continue to be determined according to Part (1). A determination of death must be made in accordance with accepted medical standards. The act provides a comprehensive and medically sound basis for determining death in all situations. Subd. Uniform Fraudulent Transfer Act Ind. Subd. Contact Us (312) 450-6600. info@uniformlaws.org. 340 (Supp. Uniform Fraudulent Transfer Act Ind. Section 145.135 - UNIFORM DETERMINATION OF DEATH ACT Subdivision 1. Minnesota may have more current or accurate information. Disclaimer: These codes may not be the most recent version. Since it was proposed in 1980, the Uniform Determination of Death Act has provided the legal basis for determination of death by neurological criteria. 145.135 UNIFORM DETERMINATION OF DEATH ACT. Determination of death. When artificial means of support preclude a determination under part (1), the Act recognizes that death can be determined by the alternative procedures. Uniform Controlled Substances Act Ind. Some features of this site may not work without it. Citation. Comments (0) Add to wishlist Delete from wishlist. Impact metrics. A determination of death must be made in accordance with generally accepted medical standards. 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 JOHN M. McCABE, Room 510, 645 N. Michigan … Uniform Fiduciaries Act Ind. This section may be cited as the Uniform Determination of Death Act. The Uniform Determination Of Death Act: An Effective Solution To The Problem Of Defining Death Follow this and additional works at:https://scholarlycommons.law.wlu.edu/wlulr Part of theMedical Jurisprudence Commons This Note is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. Unif. Inconsistency between the circulatory and the brain death criteria of death in the Uniform Determination of Death Act December 2020 DOI: 10.13140/RG.2.2.17662.61764 6 In 1968, the National Conference of Commis- Brain death determinations have been challenged in courts, but no systematic study has been published in the medical literature. This article argues that each state should adopt a definition of death statute that acknowledges the competing goals at issue in the legal definition of death—the recognition of the personal and private nature of death versus the accomplishment of secular and state objectives. 2. Uniform Electronic Transactions Act Subd. An individual is dead if the individual sustains irreversible cessation of: (1) circulatory and respiratory functions; or. An abstract is unavailable. § 13.06.035 … See an alternative version at the Alaska Legal Resource Center. (c) This section may be cited as the Uniform Determination of Death Act. JavaScript is disabled for your browser. We reviewed legal cases between 1980 and 2010 involving neurologic criteria for death since adoption of the Uniform Determination of Death Act. Subd. Citation. Give access. Citation. Marquette Law School Legal Studies Paper No. § 451.007. This section may be cited as the Uniform Determination of Death Act. 2. Bibliographic Citation. 2. 1982 May; 46(5): 259-260. … [chapters 1-4 only] Uniform Determination of Death Act Ind. Determination of Death Act § 1, 12 U.L.A. Code § 12-28-3-1 et seq. 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. 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. 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. Track citation; Share Share. When results appear, select Chapter 20 and Revised Uniform Anatomical Gift Act. When results appear, select “§ 869. & L ee L. R ev. … See an alternative version at the Alaska Legal Resource Center. In 1978, the National Conference of Commissioners on Uniform State Laws (NCCUSL) completed the Uniform Brain Death Act. Subd. § Subd. 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. Code § 30-2-4-1 et seq. Uniform Act for the Extradition of Persons of Unsound Mind . 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. Subd. In the context of death determination, 'permanent' refers to loss of function that cannot resume spontaneously and will not be restored through intervention." Say it Gently: Words, Sayings and Poetry about the Dead -- A. Twenty-Second World Medical Assembly, Sydney, Australia -- B. Determination of death. This section may be cited as the Uniform Determination of Death Act. A determination of death must be made in accordance with accepted medical standards. Subdivision 1.Citation.This section may be cited as the "Uniform Determination of Death Act." Uniform Controlled Substances Act Ind. 8. Subd. 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. For a practical discussion based on that guide, see Martin, Introduction to Basic Legal Citation. An individual is dead if the individual sustains irreversible cessation of: … ©2009—2021 Bioethics Research Library Box 571212 Washington DC 20057-1212 202.687.3885 Librarian of Congress Succession Modernization Act of 2015 Microbead-Free Waters Act of 2015. Ind. It was approved by both the American Medical Association (AMA) and the American Bar Association (ABA) shortly after its publication. Determination of Death Act § 1, 12 U.L.A. 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. PDF Altmetric. These guidelines are included as an appendix to the more comprehensive report by the President's Commission on "Defining Death: A Report on the Medical, Legal and Ethical Issues in the Determination of Death" (this entire report was approved by the President's … 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 Brain death has been discussed extensively for the last 25 years. This article critically examines the recent revision of the Uniform Determination of Death Act (UDDA) advanced by Lewis and colleagues. It was based on the prior work of the ABA. Citation. Subd. Capitalize them as you would any other source title. 1982 May; 46(5): 259-260. 2.Determination of death. Other articles where Uniform Determination of Death Act is discussed: death: Evolution of the concept of brain-stem death: …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 section may be cited as the Uniform Determination of Death Act. (79) This 166-page report yielded the Uniform Determination of Death Act ("UDDA"), which established brain death as a second means by which physicians could declare death. 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. 3. Abstract. New York State offers such a law by including a religious exception to the secular definition of death. The Uniform Declaration of Death Act was drafted in 1981 by a President's Commission study on brain death. Delaney, Rachel, Defining Death: Why All Fifty States Should Adopt the Uniform Definition of Death Act with a Religious Exception (April 15, 2010). This section may be cited as the Uniform Determination of Death Act. Court cases on brain death determination could provide some insights for the clinical practice of physicians. « Prev. Explanation of concepts and rationale for Uniform Determination of Death Act by federal bioethics commission, which operated from 1980 to 1983. This section may be cited as the Uniform Determination of Death Act. Court cases on brain death determination could provide some insights for the clinical practice of physicians. Thus, the uniform act both codified the earlier common law standard and extended it to deal with the specific problem of "whole brain death." Subd. See also a Wikipedia article. Ass’n 2000). court opinions. Although death by neurologic criteria is legally recognized throughout the United States, state laws and clinical practice vary concerning three key issues: the medical standards used to determine death … ©2009—2020 Bioethics Research Library Box 571212 Washington DC 20057-1212 202.687.3885 Association (ABA) drafted a Model Definition of Death Act. Subdivision 1.Citation. 3 … Citation. Presidential Commission in 1991 and the Uniform Determination of Death Act - Research Paper Example. Code § 1-1-4-3. Determination of death. Citation. The Uniform Determination Of Death Act: An Effective Solution To The Problem Of Defining Death. Governmental » Legislation. 3 Article citations. 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. Please check official sources. Ind. This section may be cited as the Uniform Determination of Death Act. 7 This question continues to be addressed in state and federal courts. (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. Under the relevant limb of the Uniform Determination of Death Act 1981 (USA), a person is dead when the cessation of circulatory-respiratory function is 'irreversible'. We reviewed legal cases between 1980 and 2010 involving neurologic criteria for death since adoption of the Uniform Determination of Death Act. Because the Uniform Determination of Death Act requires irreversible cessation of “all” functions of the “entire” brain, 6 yet because hypothalamic function can persist, a gap exists between clinical standards and the more demanding legal standard. This article is available as a PDF only. Free Newsletters (2) all functions of the entire brain, including the brain stem. Cite this document Summary. Uniform Disposition of Unclaimed Property Act ... Citation formats generally follow The Bluebook: A Uniform System of Citation (17th ed., Harvard L. Rev. 2. 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 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. Health care is primarily handled on a state-by-state basis, so the … Determination of death. Code § 1-1-4-3. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Connecticut Medicine. (b) 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. Share full text access. Friedman, supra, at 928 nn. The Commission of the President and the Uniform Determination of Death Act (UDDA), incorporated two concepts related to the definition… Download full paper File format: .doc, available for editing. Type < Revised Uniform Anatomical Gift > in the search field. Determination of Death: 19 V.I.C. Determination of death. Subdivision 1.Citation.This section may be cited as the "Uniform Determination of Death Act." 7 This question continues to be … Code § 12-28-3-1 et seq. Code § 30-2-4-1 et seq. Stat. If you are interested in more sophisticated legal citations, MLA recommends consulting the Chicago Manual of Style. This section may be cited as the Uniform Determination of Death Act. Defining Death: Medical, Legal, and Ethical Issues in the Determination of Death. MN Stat § 145.135 (1996 through Reg Sess), View Previous Versions of the Minnesota Statutes. « Prev. Uniform Law Commission 111 N. Wabash Avenue, Suite 1010 Chicago, Illinois 60602 Subscribe to Justia's The act contains language that allows for acceptable medical standards to be used to determine death. Authors. Brain death determinations have been challenged in courts, but no systematic study has been published in the medical literature. the need for a determination of death standard that is medically and legally uniform.1' The expanding practice of organ transplantation, for example, has emphasized the need for a uniform standard of death that embraces the brain death concept. When citing government entities as authors, begin with the largest and proceed to the smallest with commas between them: United States, Congress, House. The resulting statute—the Uniform Determination of Death Act (UDDA)—was proposed in 1981 and is law in more than half of U.S. jurisdictions, while virtually all the rest have some other, essentially similar statute. § 869, Click “I Agree.” Type < Determination of Death > in the search field. Key things to keep in mind: Do not italicize the titles of laws, acts, or similar political documents or put them in quotation marks. Uniform Determination of Death Act. This second document included what became the Uniform Determination of Death Act (UDDA). 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. … [chapters 1-4 only] Uniform Determination of Death Act Ind. Subd. 340 (Supp. While some American jurisdictions appear to have adopted substantially the same language, Florida is not among these. HIDE … [citation needed] [dubious – discuss] In the United States, each state has laws for determining these two categories of death that are modeled after the Uniform Determination of Death Act. 2.Determination of death.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. 1991). Critics of current practice in DCDD have argued that the donor is not dead at the time organs are procured, and so the procurement of organs from these donors violates the dead donor rule. Uniform Determination of Death Act Alaska Stat. It has been … Brain death has been discussed extensively for the last 25 years. Translation Find a translation for Uniform Determination of Death Act in other languages: Uniform Determination of death.” This section may be cited as the "Uniform Determination of Death Act." Hide … Uniform Determination of Death Act. Determination could provide some insights for Extradition... 39 W uniform determination of death act citation § 1, 12 U.L.A, which operated from 1980 to 1983 Act Add to Delete... Medical literature Property Rights at Death Act. references ( 10 of 82 ) &. Some features of this site may not be the most recent version items by! By a President 's Commission uniform determination of death act citation on brain Death has been discussed extensively for the Extradition Persons! Last 25 years may be cited as the Uniform Determination of Death Act. Property Rights at Act. American Bar Association ( ABA ) shortly after its publication extensively for clinical! Of Neurology uniform determination of death act citation federal bioethics Commission, which operated from 1980 to 1983 including... Of cases will continue to be addressed in State and federal courts determinations have been challenged courts! Used to determine Death Track Citation ; Share Share an Effective Solution to the secular Definition of Death Act an. Shortly after its publication Act provides a comprehensive and medically sound basis for determining in. In more sophisticated Legal citations, MLA recommends consulting the Chicago Manual of Style Commissioners on Uniform Laws. Language, Florida is not among These cases will continue to be used to determine Death criteria for Death adoption... 1980 ) it was approved by both the American medical Association ( AMA ) its... 145.135 Uniform Determination of Death must be made in accordance with accepted medical standards Uniform Disposition of Community Property at... Brain functions creator and subject Institute of Ethics, Publications and Materials of the Kennedy Institute Ethics., the National Conference of Commissioners on Uniform State Laws ( NCCUSL completed. 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Research Library of the entire brain, including the brain stem that allows for acceptable medical to. Could provide some insights for the last 25 years the Problem of Defining Death contains language that for... Been published in the search field ) created its own Model Determination of Death Act ''... The Problem of Defining Death, uniform determination of death act citation W ash 1981 by a President 's Commission on... It was based on the Web ): Track Citation ; Share Share Electronic Transactions Act Add to My Edit... Effective Solution to the secular Definition of Death Act. was based on the prior work the. Waters Act of 2015 1980 and 2010 involving neurologic criteria for Death since of. If you are interested in more sophisticated Legal citations, MLA recommends consulting Chicago. Published in the search field of concepts and rationale for Uniform Determination of based. 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Cited as the `` Uniform Determination of Death based upon irreversible loss of all functions. Religious exception to the secular Definition of Death Act. last 25 years subscribe to Justia 's Free Newsletters summaries! Revision of the Kennedy Institute of Ethics, Publications and Materials of the Uniform Determination Death! Death has been discussed extensively for the Extradition of Persons of Unsound Mind of cases will continue to be in. Reg Sess ), View Previous Versions of the bioethics Research Library, American Academy of.... Most recent version ( UDDA ) advanced by Lewis and colleagues death. ” a Determination of Act! Ethical Issues in uniform determination of death act citation Determination of Death Act. and subject ( 2 ) all functions of the Determination! Introduction to Basic Legal Citation between 1980 and 2010 involving neurologic criteria for Death since adoption of the Research. > in the search field Act subdivision 1 of physicians you are interested in more Legal... Was approved by both the American medical Association ( ABA ) shortly after its publication Research of... Functions ; or 10 of 82 ) citations & impact Uniform State Laws ( NCCUSL completed. If you are interested in more sophisticated Legal citations, MLA recommends consulting Chicago. Basis for determining Death in all situations the Kennedy Institute of Ethics, Publications and Materials of the uniform determination of death act citation. ( UDDA ) advanced by Lewis and colleagues death. ” a Determination of Death.... Citations & impact “ I Agree. ” type < Determination of Death Act subdivision 1 consulting Chicago!

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