Legal and Ethical Issues in Nursing 6th Edition Guido Test Bank
Product details:
- ISBN-10 : 9780133355871
- ISBN-13 : 978-0133355871
- Author: Ginny Wacker Guido
Fully updated, revised, and expanded, the new edition of Legal and Ethical Issues in Nursing reflects current and emerging influences of the law, legal issues, and ethical issues on nursing practice. It addresses the expanding autonomous roles of nurses at all levels of education and licensure, and in all settings. It also reflects innovative health care delivery models, as well as new federal and state laws, including the ACA. This edition’s new ethical scenarios more realistically integrate ethics with personal legal accountability, and encourage deeper reflection on connections between law and ethics. Popular features from previous editions are retained, including chapter previews, objectives, key terms, application exercises, guidelines, chapter summaries, and “You Be the Judge” features at the end of each chapter.
Table contents:
- Part 1 Introduction to the Law and the Judicial Process
- One Legal Concepts and the Judicial Process
- Preview
- After completing this chapter, you should be able to
- Key Terms
- Definition of Law
- Sources of Law
- Constitutional Law
- Statutory Laws
- Administrative Laws
- EXERCISE 1–1
- Attorney General’s Opinions
- Judicial Laws
- Classifications (Types) of Law
- Common Law
- Civil Law
- Public Law
- Criminal Law
- EXERCISE 1–2
- Substantive Law
- Procedural Law
- Due Process of Law and Equal Protection of the Law
- The Judicial Process
- Questions of Law or Fact
- JURISDICTION OF THE COURTS
- State Courts
- Trial Courts
- State Appellate Courts
- State Supreme Courts
- EXERCISE 1–3
- Federal Courts
- District Courts
- Courts of Appeal
- Supreme Court
- EXERCISE 1–4
- Statutes of Limitations
- EXERCISE 1–5
- Summary
- Apply Your Legal Knowledge
- You Be the Judge
- Legal Questions
- References
- Two Anatomy of a Lawsuit
- Preview
- After completing this chapter, you should be able to
- Key Terms
- The Trial Process
- Step One: Initiation of the Lawsuit
- EXERCISE 2–1
- Step Two: Pleadings and Pretrial Motions
- Step Three: Pretrial Discovery of Evidence
- Step Four: The Trial
- EXERCISE 2–2
- Step Five: Appeals
- Step Six: Execution of Judgment
- Expert and Lay Witnesses
- Lay Witness
- Expert Witness
- Guidelines For Testifying as an Expert Witness
- EXERCISE 2–3
- Summary
- Apply Your Legal Knowledge
- You be the Judge
- Questions
- References
- Part 2 Ethics
- Three Introduction to Ethics
- Preview
- After completing this chapter, you should be able to
- Key Terms
- Definitions of Ethics and Values
- Distinction Between Ethics and the Law
- Ethical Theories
- EXERCISE 3–1
- Ethical principles
- Autonomy
- Beneficence
- Nonmaleficence
- Veracity
- Fidelity
- Paternalism
- Justice
- Respect for Others
- Guidelines Ethics
- EXERCISE 3–2
- Ethics Committee
- EXERCISE 3–3
- Summary
- Apply Your Ethical Knowledge
- You be the Ethicist
- Ethical Questions
- References
- Four Application of Ethics in Nursing Practice Settings
- Preview
- After completing this chapter, you should be able to:
- Key Concepts
- Professional Codes of Ethics
- Ethical Decision-Making Frameworks
- EXERCISE 4–1
- Advocacy As a Nursing Role
- Guidelines Acting as a Patient Advocate
- EXERCISE 4–2
- Moral Distress
- EXERCISE 4–3
- Therapeutic Jurisprudence
- Slippery Slope Arguments
- Health Policy
- EXERCISE 4–4
- Summary
- Apply Your Ethical Knowledge
- You Be the Judge
- Questions
- References
- Part 3 Liability Issues
- Five Standards of Care
- Preview
- After completing this chapter, you should be able to:
- Key Terms
- Definition of Standards of Care
- EXERCISE 5–1
- Establishment of Nursing Standards of Care
- Internal Standards
- Ethical Scenario 5-1 The Hectic Emergency Center
- EXERCISE 5–2
- External Standards
- EXERCISE 5–3
- National and Local Standards of Care
- Ethical Scenario 5-2 Meeting the Minimal Standard of Care
- Importance of Standards of Care to the Individual Nurse
- Guidelines Standards of Care
- EXERCISE 5–4
- Expert Testimony
- Expanded Nursing Roles
- EXERCISE 5–5
- Ethical Issues and Standards of Care
- Summary
- Apply Your Legal Knowledge
- You Be the Judge
- Questions
- References
- Six Tort Law
- Preview
- After completing this chapter, you should be able to:
- Key Terms
- Definition of Torts
- Negligence Versus Malpractice
- EXERCISE 6–1
- Elements of Malpractice or Negligence
- Duty Owed the Patient
- Ethical Scenario 6-1 Ethics of Alternate Employment
- Breach of Duty Owed the Patient
- Foreseeability
- Causation
- Tests for Causation
- Proximate Cause
- Injury
- Damages
- Guidelines Avoiding Negligent Torts
- Ethical Scenario 6-2 The Ethics of Damage Awards
- EXERCISE 6–2
- Doctrine of Res IPSA LoquitUr
- Ethical Scenario 6-3 The Doctrine of Res Ipsa Loquitur
- Locality Rule
- Avoiding Malpractice Claims
- EXERCISE 6–3
- Patient Education and Tort Law
- Definition of Intentional Torts
- Intentional Torts
- Assault
- Battery
- False Imprisonment
- Ethical Scenario 6-4 Detaining Patients Against Their Wishes
- Conversion of Property
- Trespass to Land
- Intentional Infliction of Emotional Distress
- EXERCISE 6–4
- Quasi-Intentional Torts
- Invasion of Privacy
- Defamation
- EXERCISE 6–5
- Guidelines Intentional Torts and Quasi-Intentional Torts
- Defenses
- Ethical Issues and Tort Laws
- Summary
- Apply Your Legal Knowledge
- You Be the Judge
- Questions
- References
- Seven Nursing Liability: Defenses
- Preview
- After completing this chapter, you should be able to:
- Key Terms
- Defenses Against Liability
- Defenses Against Intentional Torts
- Consent
- Self-Defense and Defense of Others
- Necessity
- Defenses Against Quasi-Intentional Torts
- Consent
- EXERCISE 7–1
- Truth
- Privilege
- Disclosure Statutes
- Guidelines Disclosure Statutes
- Access Laws
- Qualified Privilege
- Ethical Scenario 7–1 Privileges and Qualified Privileges
- Defenses Against Nonintentional Torts
- Release
- Contributory and Comparative Negligence
- EXERCISE 7–2
- Assumption of the Risk
- Unavoidable Accident
- Assumption of the Risk—Defense of the Fact
- Immunity
- Good Samaritan Laws
- Guidelines Good Samaritan Laws
- Ethical Scenario 7–2 Being a Good Samaritan
- Statute of Limitations
- Products Liability
- Collective and Alternative Liability
- Caveats in Products Liability Lawsuits
- EXERCISE 7–3
- Selected Ethical Issues
- Summary
- Apply Your Legal Knowledge
- You Be the Judge
- Questions
- References
- Eight Informed Consent and Patient Self-Determination
- Preview
- After completing this chapter, you should be able to:
- Key Terms
- Role of Consent
- Consent Versus Informed Consent
- Inclusions in Informed Consent
- Forms of Informed Consent
- Standards of Informed Consent
- Ethical Scenario 8-1 Limitation on Informed Consent
- EXERCISE 8–1
- Exceptions to Informed Consent
- Accountability for Obtaining Informed Consent
- Nurses’ Role in Obtaining Consent
- EXERCISE 8–2
- Consent Forms
- Who Must Consent
- Competent Adult
- Incompetent Adult
- Minors
- EXERCISE 8–3
- Guidelines Informed Consent
- Right to Refuse Consent
- Limitations on Refusal of Therapy
- Ethical Scenario 8-2 A Patient Who Refuses Blood Products
- Law Enforcement
- Informed Consent in Human Experimentation
- Guidelines Rights of Patients in Research
- Health Literacy
- Genetic Testing
- Patient Education in Genetic Testing
- Patient Self-Determination
- The Issue of Consent
- Living Wills
- Natural Death Acts
- Durable Power of Attorney for Health Care
- Third-Generation Advance Directives
- Uniform Rights of the Terminally Ill Act
- Physician Orders for Life-Sustaining Treatment
- Patient Self-Determination Act of 1990
- Guidelines Advance Directives
- Do-Not-Resuscitate Directives
- Mature Minors and the Right to Die
- Ethical Scenario 8-3 The Child with Cancer
- EXERCISE 8–4
- Hospice Care
- Assisted Suicide
- Ethical Scenario 8-4 When Advance Directives are Disregarded
- Ethical Issues
- EXERCISE 8–5
- Summary
- Apply Your Legal Knowledge
- You be the Judge
- Questions
- References
- Nine Documentation and Confidentiality
- Preview
- After completing this chapter, you should be able to:
- Key Terms
- Medical Records
- Contents of the Record
- Effective Documentation
- Make an Entry for Every Observation
- EXERCISE 9–1
- Follow-Up as Needed
- Ethical Scenario 9-1 James Darling’s Care
- Read Nurses’ Notes before Giving Care
- Always Make an Entry, Even If It Is Late
- Make the Chart Entry after the Event
- Use Clear and Objective Language
- Be Realistic and Factual
- EXERCISE 9–2
- Chart Only Your Own Observations
- Chart Patient’s Refusal for Care
- Clearly Chart All Patient Education
- Correct Charting Errors
- Never Alter a Record at Someone Else’s Request
- Identify Yourself after Every Entry
- Use Standardized Checklists or Flow Sheets
- Guidelines Charting (What should the Record Contain?)
- Leave No Room for Liability
- EXERCISE 9–3
- Electronic Medical Record (Computerized Charting)
- Ethical Scenario 9-2 The Ethics of the Medical Record
- Charting by Exception
- Alteration of Records
- Retention of Records
- Ownership of the Record
- Access to Medical Records
- Incident Reports
- Guidelines Incident Reports
- EXERCISE 9–4
- Electronic Transfer of Medical Records
- Confidentiality of Medical Records
- EXERCISE 9–5
- Health Insurance Portability and Accountability Act of 1996
- Guidelines HIPAA Compliance
- Electronic Mail and the Internet
- Reporting and Access Laws
- Common-Law Duty to Disclose
- Contagious Diseases
- Threats to an Identified Person
- Ethical Scenario 9-3 Ethical Duty to Warn
- Limitations to Disclosure
- Substance and Alcohol Abuse Confidentiality
- HIV/AIDS Confidentiality
- Selected Ethical Concerns
- EXERCISE 9–6
- Summary
- Apply Your Legal Knowledge
- You be the Judge
- Questions
- References
- Ten Professional Liability Insurance
- Preview
- After completing this chapter, you should be able to:
- Key Terms
- Professional Liability Insurance
- Insurance Policies
- Types of Policies
- EXERCISE 10–1
- Declarations
- Coverage Agreements
- Limits and Deductibles
- Additional Clauses in Insurance Policies
- Guidelines Professional Liability Insurance Policies
- EXERCISE 10–2
- Licensure Protection
- Individual Versus Employer Liability Coverage
- EXERCISE 10–3
- Reasons to Purchase Individual Liability Insurance
- Arguments for Having Professional Liability Insurance
- Ethical Scenario 10-1 Professional Liability Coverage
- Summary
- Apply Your Legal Knowledge
- You Be the Judge
- Questions
- References
- Part 4 Impact of the Law on the Professional Practice of Nursing
- Eleven Nurse Practice Acts, Licensure, and the Scope of Practice
- Preview
- After completing this chapter, you should be able to:
- Key Terms
- Credentials
- Professional Licensure
- State Boards of Nursing
- Mandatory Licensure
- Permissive Licensure
- Institutional Licensure
- EXERCISE 11–1
- Nurse Practice Acts
- EXERCISE 11–2
- Elements of Nurse Practice Acts
- Definition of Professional Nursing
- Requirements for Licensure
- Exemptions
- Licensure Across Jurisdictions
- Disciplinary Action and Due Process Requirements
- Guidelines Steps in Disciplinary Proceedings for Nursing Misconduct
- Guidelines Nurse Practice Acts
- EXERCISE 11–3
- Penalties for Practicing Without a License
- Diversion Programs
- Ethical Scenario 11-1 The Recovering Nurse
- EXERCISE 11–4
- Articulation with Medical Practice Acts
- Scope of Practice Issues
- Ethical Scenario 11-2 Duty to Promote Health
- Guidelines Refusal of Care Based on Religious and Moral Principles
- Updating Nurse Practice Acts
- Continuing Education for Practicing Nurses
- Ethical Scenario 11-3 Education for Nurses
- Reporting Professional Violations of the Nurse Practice Act
- Certification
- EXERCISE 11–5
- Complementary and Alternative Medicine
- Medicinal Use of Cannabis (Marijuana)
- Mutual Recognition Compacts
- Some Ethical Concerns
- Summary
- Apply Your Legal Knowledge
- You be the Judge
- Questions
- References
- Twelve Advanced Nursing Practice Roles
- Preview
- After completing this chapter, you should be able to:
- Key Terms
- Historical Overview of Advanced Nursing Practice Roles
- Nurse Anesthetist
- Nurse Midwifery
- Advanced Nurse Practitioners
- Clinical Nurse Specialist
- Clinical Nurse Leader
- Doctor of Nursing Practice
- EXERCISE 12–1
- Legal Liability of Expanded Nursing Roles
- Scope of Practice Issues
- Ethical Scenario 12–1 Advance Practice Roles
- Reimbursement Issues
- Malpractice Issues
- Standards of Care
- Guidelines Nursing in Expanded Practice Roles
- EXERCISE 12–2
- Prescriptive Authority
- Ethical Scenario 12–2 Appropriateness of Pharmaceutical Prescribing
- Admitting (Hospital) Privileges
- EXERCISE 12–3
- Direct Access to Patient Populations
- Statute of Limitations
- Ethical Perspectives and Advanced Nursing Practice
- EXERCISE 12–4
- Summary
- Apply Your Legal Knowledge
- You Be the Judge
- Questions
- References
- Thirteen Corporate Liability Issues and Employment Laws
- Preview
- After completing this chapter, you should be able to:
- Key Terms
- Theories of Vicarious Liability
- Respondeat Superior
- Ethical Scenario 13–1 The Duling Case
- Scope and Course of Employment
- EXERCISE 13–1
- Borrowed Servant and Dual Servant Doctrines
- Corporate Liability
- Negligent Hiring and Retention
- Ostensible Authority
- Subjectivism
- Inherent Function
- Reliance
- Control
- Ethical Scenario 13–2 Ostensible Agency
- Theories of Independent Liability
- Independent Contractor Status
- Personal Liability
- Indemnification
- EXERCISE 13–2
- Employment Laws
- Equal Employment Opportunity Laws
- EXERCISE 13–3
- Federal Torts Claims Act of 1946
- Age Discrimination in Employment Act of 1967
- Rehabilitation Act of 1973
- Affirmative Action
- Occupational Safety and Health Act
- Employment-at-Will and Wrongful Discharge
- EXERCISE 13–4
- Ethical Scenario 13–3 The Whistleblower Case
- Ethical Scenario 13–4 The Winkler County Nurses Case
- EXERCISE 13–5
- Guidelines Effective Practices in Hiring
- Collective Bargaining
- Guidelines Timetable for Calling a Strike
- Case Law and the National Labor Relations Act
- EXERCISE 13–6
- Family and Medical Leave Act of 1993
- Workers’ Compensation Laws
- EXERCISE 13–7
- Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act
- Ethical Concerns in This Area of the Law
- Summary
- Apply Your Legal Knowledge
- You be the Judge
- Legal Questions
- References
- Fourteen Federal Laws: The Americans with Disabilities Act of 1990 and the Civil Rights Act of 1991
- Preview
- After completing the chapter, you should be able to:
- Key Terms
- The Americans with Disabilities Act of 1990
- Background of the Act
- Definitions in the Act
- EXERCISE 14–1
- Exclusions from the Definition of Disability
- Provisions of the ADA
- Title I
- Title II
- Title III
- Title IV
- Title V
- Lawsuits Under the ADA
- Disability Discrimination
- Ethical Scenario 14–1 Enactment of the ADA
- Reasonable Accommodation
- Ethical Scenario 14–2 Reasonable Accommodation
- EXERCISE 14–2
- Essential Job Functions
- EXERCISE 14–3
- Cases Under Titles III and IV
- Enforcement of the ADA
- Guidelines The ADA and Hiring Processes
- ADA Summary
- EXERCISE 14–4
- Civil Rights Act of 1991
- Background of the Act
- Definition of Sexual Harassment
- Quid Pro Quo Sexual Harassment
- Hostile Work Environment
- Ethical Scenario 14–3 Sexual Harassment Laws
- Guidelines Avoiding Sexual Harassment Claims
- Preferential Treatment or Sexual Favoritism
- EXERCISE 14–5
- Ethical Concerns
- Summary
- Apply Your Legal Knowledge
- You be the Judge
- Questions
- References
- Fifteen Nursing Management and the Nurse-Manager
- Preview
- After completing this chapter, you should be able to:
- Key Terms
- Liability
- Causes of Malpractice for Nurse-Managers
- Ethical Scenario 15-1 Ethical Obligations and the Role of Nurse-Managers
- Duty to Orient, Educate, and Evaluate
- Failure to Warn
- Hiring Practices
- EXERCISE 15–1
- Staffing Issues
- Adequate Numbers of Staff
- EXERCISE 15–2
- Ethical Scenario 15-2 Employment Dilemmas
- Float Staff
- Guidelines Float Nurses
- Agency Personnel
- EXERCISE 15–3
- Guidelines Staffing Issues
- Policies and Procedures
- Contract Principles
- Legal Elements of a Contract
- Types of Contracts
- Guidelines Negotiating an Individual Employment Contract
- EXERCISE 15–4
- Termination of a Contract
- Ethical Scenario 15-3 Contracts and Ethics
- Alternative Dispute Resolution
- Mediation
- Arbitration
- Fact Finding
- Summary Jury Trial
- Nurses and Contracts
- EXERCISE 15–5
- Contracts that Arise After Employment
- Ethical Issues
- Summary
- Apply Your Legal Knowledge
- You Be the Judge
- Questions
- References
- Sixteen Delegation, Supervision, and Patient Advocacy
- Preview
- After completing this chapter, you should be able to:
- Key Terms
- Delegation, Assignment, and Supervision
- EXERCISE 16–1
- Guidelines Creating an Effective Discipline Plan
- Ethical Scenario 16–1 The Absent Nurse
- Principles of Effective Delegation
- Unlicensed Assistive Personnel
- EXERCISE 16–2
- Ethical Scenario 16–2 A Lack of Supervision
- Guidelines Delegation
- Patient Advocacy
- Ethical Scenario 16–3 Advocating in a Timely Manner
- EXERCISE 16–3
- EXERCISE 16–4
- Guidelines Patient Advocacy
- Ethical Considerations
- Summary
- Apply Your Legal Knowledge
- You be the Judge
- Questions
- References
- Part 5 Impact of the Law on Nursing in Selected Practice Settings
- Seventeen Nursing in Acute Care Settings
- Preview
- After completing this chapter, you should be able to:
- Key Terms
- Acute Care Nursing
- Patient Safety
- Psychiatric and Vulnerable Patients
- Suicide Prevention
- Ethical Scenario 17–1 The 15-Minute Checks
- EXERCISE 17–1
- Warning of Intent to Harm
- Failure to Protect from Harm
- False Imprisonment/Wrongful Commitment
- Level of Care Required
- Confidentiality Right of Mentally Ill Patients
- EXERCISE 17–2
- Restraints
- Ethical Scenario 17–2 To Restrain the Patient or Not
- EXERCISE 17–3
- Guidelines Chemical and Physical Restraints
- Medication Errors
- Incorrect Patient
- Incorrect Dosage, Medication, or Incorrect Route of Administration
- Improper Injection Technique
- Incorrect Time of Administration
- Failure to Note Patient Allergies
- Inaccurate Knowledge Regarding the Medication and Its Side Effects
- Ethical Scenario 17–3 Medication Administration
- EXERCISE 17–4
- Failure to Document Appropriately
- Patient Falls
- Ethical Scenario 17–4 When a Patient Falls
- EXERCISE 17–5
- Technology and Equipment
- Failure to Adequately Assess, Monitor, and Communicate
- Failure to Monitor
- Failure to Assess and Notify
- EXERCISE 17–6
- Failure to Listen and Communicate with Patients
- Communicating with Culturally and Ethnically Diverse Individuals
- Guidelines Communicating with Non–English- Speaking Patients
- EXERCISE 17–7
- Failure to Act as a Patient Advocate
- Patient Education
- Ethical Scenario 17–5 Patient Teaching
- Ethical Issues in Acute Care Settings
- Summary
- Apply Your Legal Knowledge
- You be the Judge
- Questions
- References
- Eighteen Nursing in Ambulatory and Managed Care Settings
- Preview
- After completing this chapter, you should be able to:
- Key Terms
- Ambulatory Care Nursing
- Patient Education
- Distance Delivery of Health Care
- Ethical Scenario 18–1 Telenursing
- EXERCISE 18–1
- Guidelines Telenursing
- Violence
- EXERCISE 18–2
- Guidelines Nursing Victims of Violence
- Volunteer Services
- Guidelines Volunteering Professional Services
- Donating Health-Related Advice
- Guidelines Health-Related Advice
- Ethical Scenario 18–2 Donating Health Advice
- Managed Health Care Organizations
- EXERCISE 18–3
- Patient-Centered Medical Home Model
- Legal Issues Surrounding Managed Care
- Employment Retirement Income Security Act
- EXERCISE 18–4
- Gag Rules and End-of-Year Profit Sharing
- Standards of Care
- Emergency Medical Treatment and Active Labor Act
- EXERCISE 18–4
- Ethical Scenario 18–3 Delayed Laboratory Results
- EXERCISE 18–6
- EXERCISE 18–7
- Guidelines Working in Managed Care Settings
- Antitrust Issues in Managed Care
- Patient Rights
- EXERCISE 18–8
- Ethical Issues in Ambulatory and Managed Health Care
- Summary
- Apply Your Legal Knowledge
- You be the Judge
- Questions
- References
- Nineteen Public and Community Health Care
- Preview
- After completing this chapter, you should be able to:
- Key Terms
- Overview of Public and Community Health Nursing
- Federal Statutes
- Social Security Act of 1935
- Public Health Service Act of 1944
- Legal Responsibilities
- Public and Community Health Nursing
- Home Health Care
- State Legislation
- EXERCISE 19–1
- Standing Orders
- Contract Law
- EXERCISE 19–2
- Confidentiality
- Ethical Scenario 19–1 Breach of Confidentiality
- Refusal of Care
- Agency Policies
- Guidelines Home Health Care Nursing
- Malpractice and Negligence
- Patient Education
- EXERCISE 19–3
- Parish Nursing
- Occupational Health Nursing
- EXERCISE 19–4
- School Health Nursing
- Ethical Scenario 19–2 Prescription Medications at School
- Correctional Nursing
- Ethical Scenario 19–3 Appropriateness of Medical Treatment
- EXERCISE 19–5
- Disaster Nursing
- Guidelines Disaster Situations
- Selected Ethical Issues
- Summary
- Apply your Legal Knowledge
- You be the Judge
- Questions
- References
- Twenty Nursing in Long-Term Care Settings
- Preview
- After completing this chapter, you should be able to:
- Key Terms
- Long-Term Care Settings
- Nursing Homes
- Assisted Living Centers
- Hospice Nursing Centers
- Elder Day Care Centers
- Nursing Home Reform Act of 1987
- Ethical Scenario 20-1 Surprise Survey by Inspectors
- EXERCISE 20–1
- Long-Term Care Nursing: Providing Quality Care
- Falls and Restraints
- EXERCISE 20–2
- Skin and Wound Care
- EXERCISE 20–3
- Nutrition and Hydration
- Patient Safety Issues
- Ethical Scenario 20-2 When Patients Needs Overlap
- Guidelines Warning Signs of Elder Abuse and Neglect
- Resident Transfers
- EXERCISE 20–5
- Duty to Assess, Monitor, and Communicate
- Intentional and Quasi-Intentional Torts
- Involuntary Discharge
- End-of-Life Care and Patient Education
- Ethical Scenario 20-3 End-of-Life Dilemma
- Elder Abuse
- Ethical Scenario 20-4 Witnessing Patient Abuse
- EXERCISE 20–5
- Selected Ethical Issues in Long-Term Care
- Summary
- Apply Your Legal Knowledge
- You be the Judge
- Questions
- References
- Index
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