West Virginia 2017 First Special Session Status: Enacted

SB 1014 — Relating generally to physician assistants

Last action — Chapter 3, Acts, 1st Extraordinary Session, 2017

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 24, 2017. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

218 added · 264 removed

Plain-language change summary

The proposed amendments to SB 1014 include the repeal of a specific section that limited the practice of physician assistants. Additionally, new requirements for practice agreements were added, and physician assistants were granted signatory authority on certain forms, allowing them to take on more responsibilities in patient care. These changes matter because they expand the role of physician assistants in the healthcare system, potentially improving access to care for patients by allowing these professionals to perform additional tasks that were previously restricted.

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NEWS RELEASES HELPFUL LINKS Introduced Version « Senate Bill 1014 History OTHER VERSIONS  —  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 1014 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia Legislature FIRST EXTRAORDINARY session Introduced Senate Bill 1014 By Senators Carmichael (Mr.
Red = new code to be enacted WEST virginia Legislature FIRST EXTRAORDINARY session Enrolled Senate Bill 1014 By Senators Carmichael (Mr.
President) and Prezioso (By Request of the Executive) [Introduced May 24, 2017;
President) and Prezioso (By Request of the Executive) [Passed June 9, 2017;
Referred to the Committee on Health and Human Resources] A BILL to repeal §30-3E-8 of the Code of West Virginia, 1931, as amended;
in effect 90 days from passage] AN ACT to repeal §30-3E-8 of the Code of West Virginia, 1931, as amended;
adding requirements for  practice agreements;
adding requirements for practice agreements;
(a) A certificate of death for each death which occurs in this state shall be filed with the section of vital statistics, or as otherwise directed by the state Registrar, within five days after death, and prior to final disposition, and shall be registered if it has been completed and filed in accordance with this section.
(a) A certificate of death for each death which occurs in this state shall be filed with the section of vital statistics, or as otherwise directed by the State Registrar, within five days after death, and prior to final disposition, and shall be registered if it has been completed and filed in accordance with this section.
Provided, That for implementation of electronic filing of death certificates, the person who certifies to cause of death will be responsible for filing the electronic certification of cause of death as directed by the state Registrar and in accordance with legislative rule.
Provided, That for implementation of electronic filing of death certificates, the person who certifies to cause of death will be responsible for filing the electronic certification of cause of death as directed by the State Registrar and in accordance with legislative rule.
The board shall consist of fifteen sixteen members.
The board shall consist of sixteen members.
The other fourteen fifteen members shall be appointed by the Governor, with the advice and consent of the Senate.
The other fifteen members shall be appointed by the Governor, with the advice and consent of the Senate.
One member shall be an individual licensed by the board as a physician assistant Two members shall be physician assistants licensed by the board.
Two members shall be physician assistants licensed by the board.
Each term shall begin on October of the applicable year and a member may not be appointed to more than two consecutive full terms on the board.
Each term shall begin on October 1 of the applicable year and a member may not be appointed to more than two consecutive full terms on the board.
(2) “Alternate supervising collaborating physician” means one or more physicians licensed in this state and designated by the supervising collaborating physician to provide supervision of collaboration with a physician assistant in accordance with an authorized practice agreement.
(2) “Alternate collaborating physician” means one or more physicians licensed in this state and designated by the collaborating physician to provide collaboration with a physician assistant in accordance with an authorized practice agreement.
(6) (8) “Endorsement” means a summer camp or volunteer endorsement authorized under this article.
(8) “Endorsement” means a summer camp or volunteer endorsement authorized under this article.
(7) (9) “Health care facility” means any licensed hospital, nursing home, extended care facility, state health or mental institution, clinic or physician’s office.
(9) “Health care facility” means any licensed hospital, nursing home, extended care facility, state health or mental institution, clinic or physician’s office.
(8) (10) “Hospital” means a facility licensed pursuant to article five-b, chapter sixteen of this code and any acute-care facility operated by the state government that primarily provides inpatient diagnostic, treatment or rehabilitative services to injured, disabled or sick persons under the supervision of physicians and includes psychiatric hospitals.
(10) “Hospital” means a facility licensed pursuant to article five-b, chapter sixteen of this code and any acute-care facility operated by the state government that primarily provides inpatient diagnostic, treatment or rehabilitative services to injured, disabled or sick persons under the supervision of physicians and includes psychiatric hospitals.
(9) (11) “License” means a license issued by either of the boards pursuant to the provisions of this article.
(11) “License” means a license issued by either of the boards pursuant to the provisions of this article.
(10) (12) “Licensee” means a person licensed pursuant to the provisions of this article.
(12) “Licensee” means a person licensed pursuant to the provisions of this article.
(11) (13) “Physician” means a doctor of allopathic or osteopathic medicine who is fully licensed pursuant to the provisions of either article three or article fourteen of this chapter to practice medicine and surgery in this state.
(13) “Physician” means a doctor of allopathic or osteopathic medicine who is fully licensed pursuant to the provisions of either article three or article fourteen of this chapter to practice medicine and surgery in this state.
(12) (14) “Physician assistant” means a person who meets the qualifications set forth in this article and is licensed pursuant to this article to practice medicine under supervision collaboration.
(14) “Physician assistant” means a person who meets the qualifications set forth in this article and is licensed pursuant to this article to practice medicine under collaboration.
(13) (15) “Practice agreement” means a document that is executed between a supervising collaborating physician and a physician assistant pursuant to the provisions of this article, and is filed with and approved by the appropriate licensing board.
(15) “Practice agreement” means a document that is executed between a collaborating physician and a physician assistant pursuant to the provisions of this article, and is filed with and approved by the appropriate licensing board.
(14) “Supervising physician” means a doctor of medicine, osteopathy or podiatry fully licensed, by the appropriate board in this state, without restriction or limitation, who supervises physician assistants.
  §30-3E-2.
(15) “Supervision” means overseeing the activities of, and accepting responsibility for, the medical services rendered by a physician assistant.
Constant physical presence of the supervising physician is not required as long as the supervising physician and physician assistant are, or can be, easily in contact with one another by telecommunication.
Supervision does not require the personal presence of the supervising physician at the place or places where services are rendered if the physician assistant’s normal place of employment is the same premises as the supervising physician.
§30-3E-2.
(4) Compile and publish an annual report that includes a list of currently licensed physician assistants, their supervising collaborating physicians and their locations in the state;
(4) Compile and publish an annual report that includes a list of currently licensed physician assistants, their collaborating physicians and their locations in the state;
(7) The eligibility and extent to which a physician assistant may prescribe at the direction of his or her supervising collaborating physician, including the following:
(7) The eligibility and extent to which a physician assistant may prescribe at the direction of his or her collaborating physician, including:
(A) A list of drugs and pharmacologic categories, or both, the prescription of which may not be delegated to a physician assistant, including all drugs listed in Schedules I and II of the Uniform Controlled Substances Act, antineoplastic and chemotherapeutic agents, or both, used in the active treatment of current cancer, radiopharmaceuticals, general anesthetics, radiographic contrast materials and any other limitation or exclusions of specific drugs or categories of drugs as determined by the boards;
A state formulary classifying those categories of drugs which shall not be prescribed by a physician assistant, including, but not limited to, Schedules I and II of the Uniform Controlled Substances Act, antineoplastics, radiopharmaceuticals and general anesthetics.
(B) Authority to include, in a practice agreement, the delegation of prescribing authority for up to a 72-hour supply of drugs listed under Schedule III of the Uniform Controlled Substances Act so long as the prescription is nonrefillable and an annual supply of any drug, with the exception of controlled substances, which is prescribed for the treatment of a chronic condition, other than chronic pain management, with the chronic condition being treated identified on the prescription;
and (C) A description of the education and training requirements for a physician assistant to be eligible to receive delegated prescriptive writing authority as part of a practice agreement;
a state formulary classifying those categories of drugs which shall not be prescribed by a physician assistant, including, but not limited to, Schedules I and II of the Uniform Controlled Substances Act, antineoplastics, radiopharmaceuticals and general anesthetics.
(8) The authority a supervising collaborating physician may delegate for prescribing, dispensing and administering of controlled substances, prescription drugs or medical devices if the practice agreement includes:
(8) The authority a collaborating physician may delegate for prescribing, dispensing and administering of controlled substances, prescription drugs or medical devices if the practice agreement includes:
(D) An attestation that all prescriptions shall include the physician assistant’s name and the supervising physician’s name, business address and business telephone number legibly written or printed;
(D) An attestation that all prescriptions shall include the physician assistant’s name and the collaborating physician’s name, business address and business telephone number legibly written or printed;
The appropriate board shall issue a license to practice as a physician assistant under the supervision with the collaboration of that board’s licensed physicians or podiatrists.
The appropriate board shall issue a license to practice as a physician assistant with the collaboration of that board’s licensed physicians or podiatrists.
and (3) Proof that he or she is currently certified and has been continuously certified during the preceding licensure period by the National Commission on Certification of Physician Assistants;
and (3) An attestation that all continuing education requirements for the reporting period have been met.
and (4) (3) An attestation that all continuing education requirements for the reporting period have been met.
(3) Proof that he or she is currently certified and has been continuously certified during the preceding licensure period and expiration period by the National Commission on Certification of Physician Assistants has passed Physician Assistant National Certifying Examination;
(3) Proof that he or she has passed Physician Assistant National Certifying Examination;
(a) A physician assistant may not practice independent of a supervising collaborating physician.
(a) A physician assistant may not practice independent of a collaborating physician.
(b) Before a licensed physician assistant may practice and before a supervising physician may delegate medical acts to a physician assistant, the supervising collaborating physician and the physician assistant shall:
(b) Before a licensed physician assistant may practice and before a collaborating physician may delegate medical acts to a physician assistant, the collaborating physician and the physician assistant shall:
(1) File a practice agreement with the appropriate licensing board, including any designated alternate supervising physicians;
(1) File a practice agreement with the appropriate licensing board, including any designated alternate collaborating physicians;
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(c) A physician applying to supervise collaborate with a physician assistant shall affirm that:
(c) A physician applying to collaborate with a physician assistant shall affirm that:
(1) The medical services set forth in the practice agreement are consistent with the skills and training of the supervising collaborating physician and the physician assistant;
(1) The medical services set forth in the practice agreement are consistent with the skills and training of the collaborating physician and the physician assistant;
(d) A supervising collaborating physician may enter into practice agreements with up to five full-time physician assistants at any one time.
(d) A collaborating physician may enter into practice agreements with up to five full-time physician assistants at any one time.
A physician is prohibited from being a supervising collaborating or alternate supervising collaborating physician to more than five physician assistants at any one time.
A physician is prohibited from being a collaborating or alternate collaborating physician to more than five physician assistants at any one time.
However, a physician practicing medicine in an emergency department of a hospital or a physician who supervises a physician assistant who is employed by or on behalf of a hospital may provide supervision for up to five physician assistants per shift if the physician has an authorized practice agreement in place with the supervised physician assistant or the physician has been properly authorized as an alternate supervising collaborating physician for each physician assistant.
However, a physician practicing medicine in an emergency department of a hospital or a physician who collaborating with a physician assistant who is employed by or on behalf of a hospital may collaborate with up to five physician assistants per shift if the physician has an authorized practice agreement in place with the physician assistant or the physician has been properly authorized as an alternate collaborating physician for each physician assistant.
(1) A description of the qualifications of the supervising collaborating physician, the alternate supervising collaborating physicians, if applicable, and the physician assistant;
(1) A description of the qualifications of the collaborating physician, the alternate collaborating physicians, if applicable, and the physician assistant;
(2) A description of the settings in which the supervising collaborating physician assistant will practice;
(2) A description of the settings in which the collaborating physician assistant will practice;
(3) A description of the continuous physician supervision collaboration mechanisms that are reasonable and appropriate for the practice setting, and the experience and training of the physician assistant;
(3) A description of the continuous physician collaboration mechanisms that are reasonable and appropriate for the practice setting, and the experience and training of the physician assistant;
(5) An attestation by the supervising collaborating physician that the medical acts to be delegated are:
(5) An attestation by the collaborating physician that the medical acts to be delegated are:
(A) Within the supervising collaborating physician’s scope of practice;
(A) Within the collaborating physician’s scope of practice;
and (7) A description of the limitation of the ability of the physician assistant to prescribe as set forth in subdivision (7), subsection (a), section three of this article;
(7) A description of the limitation of the ability of the physician assistant to prescribe as set forth in subdivision (7), subsection (a), section three of this article;
and (7) (8) Any other information required by the boards.
and (8) Any other information required by the boards.
or (2) Request additional information from the supervising collaborating physician and/or the physician assistant to evaluate the delegation of duties and advanced duties.
or (2) Request additional information from the collaborating physician and/or the physician assistant to evaluate the delegation of duties and advanced duties.
(1) A physician, with credentials that have been reviewed by the hospital or ambulatory surgical facility as a condition of employment as an independent contractor or as a member of the medical staff, supervises collaborates with the physician assistant;
(1) A physician, with credentials that have been reviewed by the hospital or ambulatory surgical facility as a condition of employment as an independent contractor or as a member of the medical staff, collaborates with the physician assistant;
(d) If a licensing board declines to authorize a practice agreement or any proposed delegated act incorporated therein, the board shall provide the supervising collaborating physician and the physician assistant with written notice.
(d) If a licensing board declines to authorize a practice agreement or any proposed delegated act incorporated therein, the board shall provide the collaborating physician and the physician assistant with written notice.
Supervision of Collaboration with physician assistants.
Collaboration with physician assistants.
(a) A licensed physician or podiatrist may supervise a physician assistant:
(a) A licensed physician or podiatrist may collaborate with a physician assistant:
(1) As a supervising collaborating physician in accordance with an authorized practice agreement;
(1) As a collaborating physician in accordance with an authorized practice agreement;
or (2) As an alternate supervising collaborating physician who:
or (2) As an alternate collaborating physician who:
(A) Supervises Collaborates in accordance with an authorized practice agreement;
(A) Collaborates in accordance with an authorized practice agreement;
(B) Has been designated an alternate supervising collaborating physician in the authorized practice agreement;
(B) Has been designated an alternate collaborating physician in the authorized practice agreement;
and (C) Only delegates those medical acts that have been authorized by the practice agreement and are within the scope of practice of both the primary supervising collaborating physician and the alternate supervising collaborating physician.
and (C) Only delegates those medical acts that have been authorized by the practice agreement and are within the scope of practice of both the primary collaborating physician and the alternate collaborating physician.
(b) A supervising collaborating physician is responsible at all times for the physician assistant under his or her supervision with whom he or she is collaborating, including:
(b) A collaborating physician is responsible at all times for the physician assistant with whom he or she is collaborating, including:
and (3) Supervising Collaborating with the physician assistant in the care and treatment of a patient in a health care facility.
and (3) Collaborating with the physician assistant in the care and treatment of a patient in a health care facility.
Credentialed medical facility staff and attending physicians of a hospital who provide direction to or utilize physician assistants employed by or on behalf of the hospital are considered alternate supervising collaborating physicians.
Credentialed medical facility staff and attending physicians of a hospital who provide direction to or utilize physician assistants employed by or on behalf of the hospital are considered alternate collaborating physicians.
(3) Customary to the practice of the supervising collaborating physician;
(3) Customary to the practice of the collaborating physician;
(A) The organizers of the summer camp and public or community event have arranged for a supervising collaborating physician to be available as needed to the physician assistant;
(A) The organizers of the summer camp and public or community event have arranged for a collaborating physician to be available as needed to the physician assistant;
(A) The organizers of the summer camp and public or community event have arranged for a supervising collaborating physician to be available as needed to the physician assistant;
(A) The organizers of the summer camp and public or community event have arranged for a collaborating physician to be available as needed to the physician assistant;
(a) All hearings and procedures related to denial of a license, and all complaints, investigations, hearings and procedures regarding a physician assistant licenses license and the discipline accorded thereto, shall be in accordance with the processes and procedures set forth in articles three and/or fourteen of this chapter, depending on which board licenses the physician assistant.
(a) All hearings and procedures related to denial of a license, and all complaints, investigations, hearings and procedures regarding a physician assistant license and the discipline accorded thereto, shall be in accordance with the processes and procedures set forth in articles three and/or fourteen of this chapter, depending on which board licenses the physician assistant.
(c) The boards shall direct to the appropriate licensing board a complaint against a physician assistant, a supervising collaborating physician and/or an alternate supervising physician.
(c) The boards shall direct to the appropriate licensing board a complaint against a physician assistant, a collaborating physician and/or an alternate collaborating physician.
(d) In the event that independent complaint processes are warranted by the boards with respect to the professional conduct of a physician assistant or a supervising collaborating and/or alternate supervising collaborating physician, the boards are authorized to work cooperatively and to disclose to one another information which may assist the recipient appropriate licensing board in its disciplinary process.
(d) In the event that independent complaint processes are warranted by the boards with respect to the professional conduct of a physician assistant or a collaborating and/or alternate collaborating physician, the boards are authorized to work cooperatively and to disclose to one another information which may assist the recipient appropriate licensing board in its disciplinary process.
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Action History

  1. Chapter 3, Acts, 1st Extraordinary Session, 2017

  2. Approved by Governor 6/19/17 - House Journal

  3. Approved by Governor 6/1917 - Senate Journal

  4. Approved by Governor 6/19/17

  5. To Governor 6/13/17 - House Journal

  6. To Governor 6/13/17

  7. House received Senate message

  8. Completed legislative action

  9. Communicated to House

  10. Senate concurred in House amendments and passed bill (Roll No. 32)

  11. House Message received

  12. Communicated to Senate

  13. Passed House (Roll No. 639)

  14. Read 3rd time

  15. On 3rd reading, Special Calendar

  16. Committee amendment adopted (Voice vote)

  17. Read 2nd time

  18. On 2nd reading, Special Calendar

  19. Read 1st time

  20. Immediate consideration

  21. With amendment, do pass

  22. To House Health and Human Resources

  23. To Health and Human Resources

  24. Introduced in House

  25. Ordered to House

  26. Passed Senate (Roll No. 21)

  27. Read 3rd time

  28. Read 2nd time

  29. Constitutional Rule Suspended (Roll No. 20)

  30. Read 1st time

  31. Immediate consideration

  32. Reported do pass

  33. To Health and Human Resources

  34. Introduced in Senate

  35. To Health and Human Resources

  36. Filed for introduction

Sponsors

  • Prezioso · Cosponsor
  • Carmichael · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on

Sponsors (1)

  • Carmichael

Co-sponsors (1)

  • Prezioso

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 87 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 64008
Republican 19004
Democrat 4001
Total 870013
% of votes cast 87%0%0%13%
How each member voted (100)
Member Party Vote
Lane — Yea
Romine, C. — Yea
Arvon — Yea
Romine, R. — Yea
Blair — Yea
Foster, G. — Yea
Martin — Yea
Maynard — Yea
Sypolt — Yea
Hartman — Yea
Thompson — Yea
Atkinson — Yea
Boggs — Yea
Brewer — Yea
Byrd — Yea
Capito — Yea
Fast — Yea
Fleischauer — Yea
Folk — Yea
Hamrick — Yea
Hicks — Yea
Longstreth — Yea
Love — Yea
Lynch — Yea
Marcum — Yea
Rowan — Yea
Rowe — Yea
Shott — Yea
Sponaugle — Yea
Storch — Yea
Summers — Yea
Upson — Yea
Nelson — Yea
Walters — Yea
Diserio — Yea
Speaker Armstead — Yea
Evans, E. — Yea
Foster, N. — Not Voting
Phillips — Not Voting
Evans, A. — Not Voting
Cowles — Yea
Deem — Yea
Espinosa — Yea
Higginbotham — Yea
Hollen — Not Voting
Householder — Yea
Isner — Yea
Kessinger — Yea
O'Neal — Yea
Overington — Yea
Pethtel — Yea
Robinson — Yea
Wagner — Yea
Wilson — Yea
Ambler — Yea
Baldwin — Not Voting
Bates — Not Voting
Canestraro — Yea
Caputo — Yea
Ferro — Yea
Frich — Yea
Harshbarger — Yea
Hill — Yea
Iaquinta — Yea
Lovejoy — Yea
Miley — Yea
Moye — Not Voting
Paynter — Yea
Pyles — Yea
Rodighiero — Yea
Sobonya — Yea
Westfall — Not Voting
Hollis Lewis Democrat Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Not Voting
Shawn Fluharty Democrat Yea
Ben Queen Republican Not Voting
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Not Voting
Joe Statler Republican Yea
Lisa White Republican Not Voting
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Not Voting
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 32 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 4000
Unaffiliated 28002
Total 32002
% of votes cast 94%0%0%6%
How each member voted (34)
Member Party Vote
KARNES — Yea
RUCKER — Yea
BEACH — Yea
MANN — Yea
SMITH — Yea
BLAIR — Yea
MARONEY — Not Voting
STOLLINGS — Yea
BOLEY — Yea
MAYNARD — Yea
SWOPE — Yea
BOSO — Yea
SYPOLT — Yea
MULLINS — Not Voting
TAKUBO — Yea
CLINE — Yea
OJEDA — Yea
TRUMP — Yea
FACEMIRE — Yea
PALUMBO — Yea
UNGER — Yea
FERNS — Yea
PLYMALE — Yea
WELD — Yea
GAUNCH — Yea
PREZIOSO — Yea
WOELFEL — Yea
ROMANO — Yea
MR PRESIDENT — Yea
JEFFRIES — Yea
Charles H. Clements Republican Yea
George Miller Republican Yea
Mike Azinger Republican Yea
Walter Hall Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 1014?
SB 1014 is sponsored by Prezioso and Carmichael.
What is the current status of SB 1014?
This bill has been enacted into law. Introduced May 24, 2017. Enacted.
Where can I track SB 1014?
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