1 | 1 | | |
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2 | 2 | | SENATE BILL 584 |
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3 | 3 | | By Akbari |
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4 | 4 | | |
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5 | 5 | | HOUSE BILL 688 |
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6 | 6 | | By Camper |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | HB0688 |
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10 | 10 | | 001089 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 4; |
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14 | 14 | | Title 53; Title 58; Title 63; Title 68 and Title 71, |
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15 | 15 | | relative to medicine. |
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16 | 16 | | |
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17 | 17 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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18 | 18 | | SECTION 1. Tennessee Code Annotated, Title 68, Chapter 1, is amended by adding |
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19 | 19 | | the following as a new part: |
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20 | 20 | | 68-1-1701. |
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21 | 21 | | The general assembly finds that access to a statewide strategic buffer stock, |
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22 | 22 | | essential medicine reserve, or strategic inventory of essential medicines in the event of |
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23 | 23 | | an emergency or natural disaster is vital to this state's healthcare system, educational |
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24 | 24 | | settings, and the general population who rely on the state's healthcare resources, |
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25 | 25 | | especially those who reside in rural or medically underserved areas. |
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26 | 26 | | 68-1-1702. |
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27 | 27 | | As used in this part: |
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28 | 28 | | (1) "Commissioner" means the commissioner of health, or the |
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29 | 29 | | commissioner's designee; |
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30 | 30 | | (2) "Department" means the department of health; |
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31 | 31 | | (3) "Designated recipients" includes healthcare providers, healthcare |
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32 | 32 | | facilities, state disaster relief organizations, state-operated facilities, and other |
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33 | 33 | | entities to which strategic reserve medical resources may be disbursed under |
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34 | 34 | | this part; |
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35 | 35 | | (4) "Essential buffer stock" means the essential emergency and chronic |
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36 | 36 | | disease management medicines, vaccines, and medical supplies buffer stock, |
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37 | 37 | | |
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38 | 38 | | |
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39 | 39 | | - 2 - 001089 |
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40 | 40 | | |
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41 | 41 | | essential medicine reserve, and strategic inventory stockpile of essential |
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42 | 42 | | medicines created by this part; |
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43 | 43 | | (5) "Natural disaster" means a hurricane, tornado, storm, flood, high |
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44 | 44 | | water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, |
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45 | 45 | | landslide, mudslide, snowstorm, ice storm, drought, fire, explosion, civil |
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46 | 46 | | disturbance, or other catastrophe that causes or may cause substantial damage |
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47 | 47 | | or injury to property, and includes an area that has been declared by the |
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48 | 48 | | governor to be a disaster area; |
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49 | 49 | | (6) "Outbreak" means the widespread occurrence of an illness, disease, |
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50 | 50 | | or other specific health condition; and |
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51 | 51 | | (7) "Virtually sequestered buffer stock" means an inventory stockpile of |
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52 | 52 | | medications managed by a distribution vendor to avoid expiration and ensure |
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53 | 53 | | availability during an emergency or natural disaster. |
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54 | 54 | | 68-1-1703. |
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55 | 55 | | (a) The commissioner, in consultation with the director of TEMA and the |
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56 | 56 | | directors of such other state, local, and regional emergency management and public |
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57 | 57 | | health resources as the commissioner deems necessary, shall establish a statewide |
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58 | 58 | | strategic essential buffer stock for emergency preparedness and drug shortage |
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59 | 59 | | prevention to be maintained by the department for use in the event of a public health |
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60 | 60 | | emergency, including natural disasters, man-made disasters, and mass casualty events |
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61 | 61 | | at the local and state levels. |
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62 | 62 | | (b) The commissioner, in consultation with the director of TEMA, shall establish |
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63 | 63 | | guidelines for the procurement, management, and distribution of medicines, vaccines, |
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64 | 64 | | and medical supply items in an essential buffer stock, which may include a virtually |
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65 | 65 | | sequestered buffer stock. |
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66 | 66 | | |
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67 | 67 | | |
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68 | 68 | | - 3 - 001089 |
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69 | 69 | | |
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70 | 70 | | (c) The department may contract with private entities for the procurement of |
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71 | 71 | | strategic emergency readiness supplies for, and management and distribution of, the |
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72 | 72 | | essential buffer stock, including a virtually sequestered buffer stock. The department |
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73 | 73 | | may contract for the reservation of supplies stored by a private, vendor-managed entity |
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74 | 74 | | for the essential buffer stock, and the distribution of such supplies to locations specified |
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75 | 75 | | by the department consistent with this section and rules promulgated by the department. |
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76 | 76 | | 68-1-1704. |
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77 | 77 | | (a) The commissioner, in consultation with the director of TEMA and the |
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78 | 78 | | directors of such other state, local, and regional emergency management and public |
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79 | 79 | | health resources as the commissioner deems necessary, shall conduct demand |
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80 | 80 | | planning and essential buffer stock modeling for emergency readiness supplies to be |
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81 | 81 | | included at the discretion of the commissioner. Such planning and essential buffer stock |
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82 | 82 | | modeling must include: |
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83 | 83 | | (1) Recommendations on the types of emergency supplies to be |
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84 | 84 | | included, in particular those determined to be necessary for rural and medically |
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85 | 85 | | underserved areas; |
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86 | 86 | | (2) Anticipated demand for emergency supplies for various public health |
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87 | 87 | | emergencies and natural disaster scenarios; |
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88 | 88 | | (3) Recommended quantities to be held in the essential buffer stock for |
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89 | 89 | | each supply type; |
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90 | 90 | | (4) Guidelines for the supplies to be distributed to municipalities and |
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91 | 91 | | healthcare settings in the event of a local or regional public health emergency; |
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92 | 92 | | and |
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93 | 93 | | |
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94 | 94 | | |
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95 | 95 | | - 4 - 001089 |
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96 | 96 | | |
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97 | 97 | | (5) Possible logistical and operational strategies that could be used to |
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98 | 98 | | reduce the costs of the supplies, including the use of a virtually sequestered |
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99 | 99 | | buffer stock procured and managed by an external vendor. |
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100 | 100 | | (b) Guidelines described in subdivision (a)(4) must include: |
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101 | 101 | | (1) The various types of items that may be required during an outbreak or |
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102 | 102 | | other public health emergency, including natural disasters, man-made disasters, |
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103 | 103 | | and mass casualty events; |
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104 | 104 | | (2) The amount of each type of item required for a sustained outbreak, |
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105 | 105 | | public health emergency, natural disaster, man-made disaster, or mass casualty |
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106 | 106 | | event; |
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107 | 107 | | (3) An action plan establishing policies and standards for an essential |
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108 | 108 | | buffer stock surge capacity, including a virtually sequestered buffer stock, to |
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109 | 109 | | ensure that hospitals, emergency providers, and other designated recipients |
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110 | 110 | | have access to an adequate supply of necessary items during an outbreak or |
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111 | 111 | | other public health emergency; |
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112 | 112 | | (4) Acknowledgement of any federal and state rules, policies, and |
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113 | 113 | | funding that would be required to establish an essential buffer stock; |
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114 | 114 | | (5) How distribution from procurement must be prioritized if there are |
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115 | 115 | | insufficient resources to meet the identified needs of healthcare providers, |
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116 | 116 | | healthcare facilities, and other designated recipients, including consideration of |
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117 | 117 | | whether the healthcare provider, facility, or other recipient: |
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118 | 118 | | (A) Is in a location with a high number of rural or underserved |
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119 | 119 | | residents; |
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120 | 120 | | |
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121 | 121 | | |
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122 | 122 | | - 5 - 001089 |
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123 | 123 | | |
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124 | 124 | | (B) Is in a medically underserved area, as designated by the |
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125 | 125 | | United States department of health and human services, health resources |
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126 | 126 | | and services administration; |
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127 | 127 | | (C) Disproportionately serves a medically underserved or rural |
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128 | 128 | | population, as designated by the United States department of health and |
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129 | 129 | | human services, health resources and services administration; and |
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130 | 130 | | (D) Is in a county with a high infection rate or high hospitalization |
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131 | 131 | | rate related to the declared emergency. |
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132 | 132 | | (c) The commissioner, in consultation with the director of TEMA and the |
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133 | 133 | | directors of such other state, local, and regional emergency management and public |
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134 | 134 | | health resources as the commissioner deems necessary, shall define a list of entities to |
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135 | 135 | | which essential buffer stock resources may be disbursed under the planning, modeling, |
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136 | 136 | | and guidelines created pursuant to this section. |
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137 | 137 | | (d) When maintaining and securing supplies pursuant to this part, the |
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138 | 138 | | department shall seek to maximize available federal and state funding. |
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139 | 139 | | 68-1-1705. |
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140 | 140 | | On or before January 15, 2026, and on or before January 15 of each year |
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141 | 141 | | thereafter, the commissioner, in consultation with the director of TEMA and the |
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142 | 142 | | commissioner of education, shall submit to the clerk of the senate, the clerk of the house |
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143 | 143 | | of representatives, and the legislative librarian an annual report on the stockpile for the |
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144 | 144 | | previous calendar year just ended. The report must include: |
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145 | 145 | | (1) An inventory of items in the stockpile; |
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146 | 146 | | (2) The number of items from the stockpile that were used during the |
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147 | 147 | | previous calendar year; |
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148 | 148 | | (3) The level of anticipated future usage; |
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149 | 149 | | |
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150 | 150 | | |
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152 | 152 | | |
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153 | 153 | | (4) The status of existing contracts with private entities that fulfill |
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154 | 154 | | procurement contracts for the stockpile; |
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155 | 155 | | (5) The types and number of items reserved through private entities; and |
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156 | 156 | | (6) A description of plans to access and distribute items reserved by |
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157 | 157 | | private entities for an emergency. |
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158 | 158 | | SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it. |
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