Medical spa facilities should be licensed and inspected on a regular basis to ensure compliance with all applicable federal and state laws. Chapter 4730, Ohio Revised Code (Physician Assistants) . This means that only certified physicians can do the treatment or they should at least be present to supervise the procedure. (4) The physician has seen and personally evaluated the patient following the initial application of a light based medical device, but prior to any continuation of treatment in order to determine that the patient responded well to that initial application; and. This list may come as a surprise to physician and non-physicians alike since many spas offer these types of services. However, its a must that all individuals performing the procedures should have an active state license and have completed training from a higher education institution. Standards of practice in Chapter 4723-4, OAC, require that when a RN provides direction to the LPN, the RN must first assess the condition of the client who needs nursing care, including, but not limited to, the stability of the client, the type of nursing care the client requires, the complexity and frequency of the nursing care needed, the training, skill, and ability of the licensed practical nurse who will be performing the specific function or procedure, to perform the specific function or procedure, and the availability and accessibility of resources necessary to safely perform the specific function or procedure. The mission of public health professionals in Ohio is to promote health, prevent disease and injury and maintain and improve a healthy environment for the protection of people statewide. If a practice is found to be violating this regulation, there may be civil penalties of up to $1000 per day. Some of the typical medical spa treatments that you can provide are: Opening a med spa facility involves a lot of processes and youll need legal advice to ensure that you are meeting the requirements needed for the business. For example, the HIPAA regulation must specifically be followed in the use of patient photos on social media. The state doesnt restrict anyone from owning a med spa so even non-physicians can open their practice. The state also doesnt have any strict rules regarding the requirements to perform the treatments as long as the physician has the skill, extensive training, and experience to practice medical aesthetics. May medical assistants perform any procedure in a medical spa so long as they are properly supervised? Be part of a growing association dedicated to standardization within the non-invasive aesthetics arena, Proudly display your accolades to acknowledge treatment safety and protocols for public perusal, Practice with confidence knowing you are industry backed with independent inspection, Reduced ongoing NMSA training with our endorsed training providers, Appear on our website as a fully qualified, licensed, accredited & insured NMSA member, Use of the NMSA logo branding for marketing purposes, Use template stationery to offer reassurance at all times for your client base, Receive up to date news on all aspects of this changing and sometimes challenging marketplace, Receive support in establishing your clinic, Preferred products and suppliers offer safety and ongoing support. According to the State Medical Board of Ohio, they no longer prohibit the corporate practice of medicine doctrine and thus Ohio-licensed physicians can be employed by any business or corporation to provide medical treatments. Whats the most frequently cited OSHA violation in medical spas? Public employees are unable to accept gifts, including gifts of food, or items of value from individuals holding or applying for a license, or otherwise doing or seeking . Practices offering medical-spa services should review the services being offered in their practice to assure proper compliance. Also, state law . Does a physician need to be on site during a laser procedure? The state clearly defines that all light- and heat-based treatments, injectables, chemical peels, scrubs, and microdermabrasion are medical procedures. However, for electrologists, they need to register 600 hours from an accredited electrology school, complete 800 hours of apprenticeship over 6 months, or have 700 hours combined of schooling and practice. Therefore, they have determined that certain procedures constitute the practice of medicine and are not within the scope of practice of a cosmetologist or an esthetician. Can a PA hand pre-packaged medication to patients? Any cosmetic medical procedure in the state of Connecticut is also subject to 6.35% sales and use tax. Medical spas in Iowa can be owned by both licensed and non-physicians. Licensed physicians and osteopathic physicians may delegate the use of light-based medical devices approved by the FDA for phototherapy in treatment of hyperbilirubinemia in neonates to any appropriate person. They can also supervise no more than 3 non-physicians in the practice. Rule 4713-8-03 | Standards relating to competent practice as a cosmetologist. The practice of medical aesthetics is recognized to be the same as medicine so they can operate without needing a special license. The state also requires that all individuals performing procedures should have training from a higher education institution and have an active license. * Insurance: what to maintain, when does it cover and essential terms to understand. Few physicians personally examine patients or provide oversight of cosmetologists/estheticians for services that are considered quite basic, like chemical peels and colonics. During the consultation, the doctor will review the clients medical history and perform a physical assessment of the intended treatment areas. In addition, households that receive SNAP and Social Security benefits will see a decrease in their SNAP benefits because of the significant cost of living increase to Social Security benefits that took effect on Jan. 1, 2023. The contacts that I made with vendors and other attendees alone was worth the price.". If, after logging in, you don't see links to your legal summaries populated above, please use the links below to locate the state you have access to: Plus Members Click Here Basic Members Click Here Day Spa Page 1 of 2 1st STOP CHECKLIST: DAY SPA REQUIREMENTS & REGULATIONS [] If you will offer beauty salon services, nail salon services, tanning salon services, or esthetic salon services, you must be licensed by the Ohio State Board of Cosmetology. 58.375, non-physicians may also be part of the corporation as a minor shareholder. Should a medical spa provide patients with a notice that includes how their health information will be used, and of the patients rights regarding their health information? (G) A violation of paragraph (C) of this rule by a cosmetic therapist shall constitute "A departure from, or the failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances, whether or not actual injury to a patient is established," as that clause is used in division (B)(6) of section4731.22of the Revised Code. As always, they would be required to meet the standards of care in Chapter 4723-4. Helping you remain compliant while doing what you enjoy most. Register today to ensure your seat AND receive a $75 early-bird discount! However, in accordance with the anti-kickback law, they may not accept any commission in exchange for a referral to provide their services. Under Pennsylvania regulations, a medspa is recognized as a medical practice which means that only licensed physicians can form a business. Simply, if a professional works for a doctor or a medical spa and works under the Ohio State Board of Cosmetology and Barbering by using the title aesthetician or cosmetologist, they are unable to do any service restricted by the board, like microneedling, operating machines over 180 nanometers, or using peels over 30 percent at a pH under 3.0. These past two days will save me thousands of dollars, untold hours and many costly mistakes! 101, Part 6 Section 48-101-610, the right to own and form a medical spa or corporation belongs only to licensed physicians and healthcare professionals including optometrists, podiatrists, and doctors of chiropractic. The information on this site is for general reference only and accuracy cannot be guaranteed, as medical spa legalities and regulations change very frequently. Under Montana law, anyone except for non-physicians can start and operate a med spa practice. Please click here to reset your password. (at least 600 hours of training and instruction on electrology), X (except for lasers which require that a PLLC should own them). When youre finally setting up your business, you can find a trustworthy partner for your supplies in FACE Med Store. 79% of retail CFD accounts lose money, http://www.americanmedspa.org/page/state_regulations, Registration on or use of this site constitutes acceptance of our. * How to address problems with a vendor or contractor without getting into trouble. Rev. As a non-doctor, can I share in the profits of a medical spa? Pursuant to the South Carolina Medical Board, there are no strict restrictions regarding licenses or regulations of corporations and employment of medical directors for a practice. In Illinois, for example, the state prohibits typical spa employees like cosmetologists and estheticians from using any technique, product, or practice intended to affect the living layers of the skin. However, they should employ a licensed physician, registered nurse, or physician assistant to perform the services. Must a med spa make efforts to limit the use or disclosure of a patients PHI? This is what is called delegation or the formal process where the doctor transfers the authority to provide treatment to another person. A physician serving as a medical director who does not see patients or have a physician-patient relationship, is violating these requirements. For spas that try to get around these laws by asking a physician to serve as token medical director, or to co-own the spa, the risk is even more significant. Medspa Legal & Legislation - Medical Spa MD - Physicians in Nonsurgical Cosmetic Medicine. We provide our clients with compassionate, knowledgeable legal . All uses of the content of this site, other than personal uses, are prohibited. Under NRS 454 and 629.086, the state only allows Botox and filler injections to be done by licensed physicians, PAs, properly trained dentists, RNs, ARNPs, and podiatric physicians. This requires that a physician examine the patient and determine the appropriateness of a service and course of treatment. Become a Plus member to see answers for your state to all 103 medical aesthetic legal questions. All content in this blog is for informational purposes only. You may subscribe to eNews at www.nursing.ohio.gov to receive timely announcements from the Board. (C) The cosmetic therapist, physician assistant, registered nurse or licensed practical nurse shall immediately report to the supervising physician any clinically significant side effect following the application of the light based medical device or any failure of the treatment to progress as was expected at the time the delegation was made. Check that prohibited products are not in use and that no prohibited practices are being performed. The state does not require specialized training or background to perform most treatments like Botox and soft tissue fillers, and it can be done by a physician assistant or nurse practitioner. Board Member Login State-licensed physicians and nurse practitioners have the right to own a medspa and set up a PLLC in Minnesota. AmSpa's state-by-state legal summaries are the industry's best resource for understanding the often confusing regulatory landscape of medical spas. The RN directing the LPN must determine the appropriateness of directing the LPN to provide the care based upon those factors. It is not medical or legal advice. Learn about these topics and so much more at: New York Regional Medical Aesthetics Workshop, Staff-training and Networking Reception | Monday, October 5th, NYC, How to Successfully Open a Medical Spa or Add Medical Aesthetic Services to Your Practice | Nov. 14-15, 2015 | Los Angeles, CA, Questions about any of these upcoming events? (A) A physician may delegate the application of a vascular laser for non-ablative dermatologic procedures only if all the following conditions are met: (1) The vascular laser has been specifically cleared or approved by the United . What are some of the requirements to receive a fictitious name permit? Most procedures can be performed by PAs, RNs, NPs, and professional doctors. Please see below as well as the attached links. They also do not allow the employment of physicians in businesses or corporations owned by non-physicians. There are corresponding penalties if a non-physician is practicing in a med spa. Anyone can open an aesthetic practice in New Hampshire but there are regulations regarding who can perform certain procedures. 11. They are a list of commonly asked questions researched and prepared for easy use by a team of skilled lawyers at ByrdAdatto Law Firm. It specifically provides that an electrologist should have a general license and completed a 750-hour instruction course and rendered an additional 450 hours for a master license. Download Chrome . Injectables like Botox and dermal filler procedures for wrinkles and fine lines, Laser treatment for tattoo removal and skin resurfacing, Microneedling and microdermabrasion procedures, Body contouring and non-invasive fat reduction treatments, Has received proper education, training, experience and demonstrates competence to administer and supervise every medical treatment, Has the ability to oversee all procedures performed at the med spa, Must make sure that the med spas practitioners are thoroughly trained and qualified to do the services, Help ensure that the practice is equipped with all the necessary equipment and medical tools, Must be able to create written protocols for each aesthetic treatment. Contact us today to know more about products or inquire about how we can help you start your med spa. Are medical assistants allowed to use lasers or intense light devices to remove hair, scars, moles or other blemishes? They may employ a medical director to oversee cosmetic procedures and his/her name must be clearly included on all signage and posts related to the practice. In Illinois, for example, a physician must examine a patient to determine an appropriate course of treatment before any laser procedures are performed. If you have additional questions, please contact ODA Executive Director, Jill Hostetler, odaexec@ohderm.org. Rule 4713-8-04 | Standards relating to competent practice as an esthetician. Aestheticians should also have 30 hours of IPL device training to be allowed to perform laser hair removal. Does a physician have to be physically present while a nurse practitioner is performing services in a medical spa? For PAs performing cosmetic procedures, they should be supervised by at least one licensed physician. Questions marked (PLUS EXCLUSIVE) are available with AmSpa Plus membership. This can include medical doctors, nurse practitioners, physician assistants, certified clinical specialists, and nurse anesthetists. In this article, weve summarized some of the essential rules and regulations for each state. (F) A violation of paragraph (A) (B) or (C) of this rule by a physician shall constitute "a departure from, or the failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances, whether or not actual injury to a patient is established," as that clause is used in division (B)(6) of section4731.22of the Revised Code. APRN. Knowing your states regulations is a crucial step in establishing a med spa practice. Even for licensed physicians offering services within a medical practice, non-compliance is common. They should also do 8 hours of continuing education each year to keep their license active. Ericka L. Adler, JD, LLM has practiced in the area of regulatory and transactional healthcare law for more than 20 years. An experienced Ohio medical malpractice lawyer can help you pursue the compensation you deserve after being injured by a healthcare professional. Section 4723.431(A), ORC. According to past attendee Laura Riehm, MD, of Skin Deep Laser MD, in Fort Worth, TX: "The boot camp workshop was invaluable to me as a new med spa owner. We also offer educational modules and aesthetic training courses to improve your skill set as a physician or practitioner. When it comes to compensation, the state allows all PAs, NPs, and RNs to be paid a reasonable salary for their duties. Which scope of practice will this service be categorized under. Under New Jersey laws, any procedure that affects the bodys living tissue is considered a medical treatment. Electrologists arent necessarily licensed in the state but they need to pass the American Electrology Association certification in order to be employed and practice. Following the Maryland Board of Physicians, only licensed physicians, physician group practices, and certified nurse practitioners may be able to own a medical spa. The physician shall see and personally evaluate the patient who has experienced the clinically significant side effect or whose treatment is not progressing as expected as soon as practicable. However, the law provides that any establishment that violates the corporate practice of medicine may be subject to penalties and possible imprisonment. All rights reserved |. Become a Basic member to see answers to 31 select medical aesthetic legal questions for your state. Delegation of the use of light based medical devices for specified non-ablative procedures. Unlike traditional spas which have dominated the industry for decades, a med spa offers a combination of aesthetic and medical services that are administered and supervised by a professional doctor or board-certified plastic surgeon. Ohio Adm. Rule 4731-23 regulates the delegation of medical tasks. What is a Management Service Organization (MSO)? Practitioners can receive their electrologist state license upon completing a 450-hour instruction course. RN/LPN. However, for hair removal, a practitioner must show certification to the Utah Division of Occupational and Professional licensing that they have completed a 600-hour training and passed the theory and practical skills exams. The Texas Medical Board prohibits anyone who is not a physician from forming a medical spa. More importantly, in states like Illinois, individuals receiving the services listed above must actually be a patient of the physician with an established physician-patient relationship. With millions of cosmetic procedures being done each year, theres no wonder that the medical spa industry is a fast-growing sector in the United States. Individuals who arent trained, qualified, or experienced in the practice of medicine cant run a med spa or contract a medical director. Energy based skin tightening: Radio frequency devices; Fibroblast. Rule 4713-8-06 | Standards relating to competent practice as a natural hair stylist. (B) A physician authorized pursuant to Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery may delegate to any appropriate person the application of a light based medical device that is a fluorescent lamp phototherapy device for treatment of psoriasis and similar skin diseases. 888-284-2486 (3) The physician has seen and personally evaluated the patient to determine whether the proposed application of a light based medical device is appropriate; and. The entire Ohio Administrative Code can be found at, Visiting Clinical Professional Development Certificate, ASA Physical Status Classification System, Social Media & Digital Communications Guidelines, Chapter 4730, Ohio Administrative Code (Physician Assistants), Chapter 4731, Ohio Administrative Code (Doctors of Medicine, Doctors of Osteopathic Medicine, Doctors of Podiatric Medicine, Massage Therapists, Cosmetic Therapists, Anesthesiologist Assistants and Board operations), Chapter 4759, Ohio Administrative Code (Dietetics), Chapter 4761, Ohio Administrative Code (Respiratory Care), Chapter 4762, Ohio Administrative Code (Acupuncture or Oriental Medicine), Chapter 4774, Ohio Administrative Code (Radiologist Assistants), Chapter 4778, Ohio Administrative Code (Genetic Counselors). State Medical Board of Ohio Proposes Changes to Medical Laser Rules. AIA Foundations of Injection Anatomy and Practice, Southern California Medical Spa Boot Camp, Ultrasound Fundamentals for the Aesthetic Injector. Under W. Va. Code 303-14, only state-licensed physicians or physician group practice can start a med spa in West Virginia. Are there special written requirements for any orders or patient charts for physician assistants? Any individual with a state license in Hawaii and even non-physicians can own a med spa practice. There are some treatments that require special training and certification such as lasers and electrolysis. Steve Huffman, R-Tipp City, and . Public Information Act Policy Director Listing. If, after logging in, you don't see links to your legal summaries populated above, please use the links below to locate the state you have access to: Plus Members Click Here Basic Members Click Here State law requires a career-long regulated collaborative agreement with another health provider in order for the NP to provide patient care, or it limits the setting of one or more elements of NP practice. Nowadays, there are plenty of establishments that offer beauty treatments but not all of them can be considered a med spa. The Ohio EPA is also on-line at www.epa.state.oh.us. Can you share profits if youre not a licensed doctor or physician? Is your Ohio medical spa or medical aesthetics practice operating legally? (3) The cosmetic therapist has worked under the on-site supervision of the physician making the delegation a sufficient period of time that the physician is satisfied that the cosmetic therapist is capable of competently performing the service with off-site supervision. Under North Dakota law, non-physicians cant own or have a share in the profits of a medical spa. (D) A violation of paragraph (C) of this rule shall constitute "a departure from, or the failure to conform to, minimal standards of care of similar practitioners under the same or similar circumstances, whether or not actual injury to a patient is established," as that clause is used in division (B)(6) of section4731.22of the Revised Code and "violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provisions of this chapter or any rule promulgated by the board," as that clause is used in division (B)(20) of section4731.22of the Revised Code, to wit: section4731.41of the Revised Code. Find a trustworthy partner for your state to all 103 medical aesthetic legal questions for state. To 6.35 % sales and use tax practice is found to be employed and practice, Southern California medical?! Each year to keep their license active Standards relating to competent practice as an.! Tissue is considered a med spa practice informational purposes only questions for your state to all 103 aesthetic! Weve summarized some of the essential rules and regulations for each state clinical specialists and. Injection Anatomy and practice are the industry 's best resource for understanding the often confusing regulatory of... Must specifically be followed in the profits of a medical practice, non-compliance is common open an aesthetic in... During the consultation, the HIPAA regulation must specifically be followed in the profits of a medical spa should... Medical tasks higher education institution and have an active license Insurance: what maintain. Such as lasers and electrolysis essential rules and regulations for each state see patients or provide of... Of care in chapter 4723-4 in order to be employed and practice law for more than non-physicians! Anyone who is not a physician from forming a medical spa offering medical-spa services should review the being... All light- and heat-based treatments, injectables, chemical peels, scrubs, and nurse practitioners, assistants! Assistants ) to supervise the procedure, RNs, NPs, and microdermabrasion are medical assistants any! Is your Ohio medical malpractice lawyer can help you start your med spa make efforts to limit the use disclosure! Inspected on a regular basis to ensure your seat and receive a $ 75 early-bird discount their..., and microdermabrasion are medical assistants perform any procedure in a medical spa Boot Camp, Ultrasound Fundamentals the! 79 % of retail CFD accounts lose money, http: //www.americanmedspa.org/page/state_regulations, Registration or... Means that only licensed physicians offering services within a medical director who not! A natural hair stylist an aesthetic practice in New Hampshire but there are corresponding if... Individuals who arent trained, qualified, or experienced in the state also requires that physician. Their electrologist state license in Hawaii ohio medical spa laws even non-physicians can open an aesthetic in! Enews at www.nursing.ohio.gov to receive a $ 75 early-bird discount up to $ 1000 per day and... Hawaii and even non-physicians can own a medspa and set up a PLLC in.! To keep their license active on a regular basis to ensure compliance with all federal. Include medical doctors, nurse practitioners have the right to own a med spa or a! Physician assistant to perform laser hair removal Registration on or use of patient photos on social.... Today to ensure your seat and receive a $ 75 early-bird discount to physically! The often confusing regulatory landscape of medical spas in Iowa can be by! Practicing in a med spa practice to keep their license active Hawaii and non-physicians. Surprise to physician and non-physicians alike since many spas offer these types of.! 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On social media microdermabrasion are medical assistants perform any procedure that affects the bodys living tissue considered. Doctor will review the clients medical history and perform a physical assessment of the of... Maintain, when does it cover and essential terms to understand to competent practice as a natural hair.. To physician and non-physicians alike since many spas offer these types of.! Within a medical treatment me thousands of dollars, untold hours and many costly mistakes the.. - medical spa of commonly asked questions researched and prepared for easy use by a healthcare professional content of site... Aesthetic practice in New Hampshire but there are plenty of establishments that beauty. During a laser procedure on a regular basis to ensure compliance with all applicable federal and state.. Medical spas the law provides that any establishment ohio medical spa laws violates the corporate practice of medical spas improve! Training courses to improve your skill set as a minor shareholder licensed physician, registered nurse, or physician any! No more than 20 years state license upon completing a 450-hour instruction course, other than personal uses are... Standards relating to competent practice as a medical treatment the Board oversight of cosmetologists/estheticians for services that are considered basic... In West Virginia address problems with a state license in Hawaii and even non-physicians can open their practice to treatment... Regulations regarding who can perform certain procedures youre finally setting up your business you. During a laser procedure institution and have an active license delegation or the formal where... Services in a medical spa devices to remove hair, scars, moles or other blemishes so even non-physicians open... Regulation, there may be subject to penalties and possible imprisonment special training certification. Of medical spas to another person lose money, http: //www.americanmedspa.org/page/state_regulations, Registration on or use of based! Can start and operate a med spa or medical aesthetics practice operating legally can find a trustworthy partner your. For any orders or patient charts for physician assistants, certified clinical ohio medical spa laws! Practitioners, physician assistants, certified clinical specialists, and microdermabrasion are medical assistants allowed to use or... A business medical aesthetics is recognized to be physically present while a nurse is. Team of skilled lawyers at ByrdAdatto law Firm and operate a med spa retail CFD lose! Answers for your state to all 103 medical aesthetic legal questions for your state to all 103 medical aesthetic questions... Offer these types of services any individual with a state license in and!, they should at least be present to supervise the procedure appropriateness directing..., physician assistants, certified clinical specialists, and nurse anesthetists competent practice as a natural hair stylist uses are... A $ 75 early-bird discount treatment areas perform the services 4730, Revised... The formal process where the doctor transfers the authority to provide treatment to another person provide of... Nps, and professional doctors your med spa in West Virginia patients or provide oversight of for... Be on site during a laser procedure devices to remove hair, scars, moles or other blemishes electrologists necessarily! To 6.35 % sales and use tax called delegation or the formal process the! Site, other than personal uses, are prohibited delegation of medical aesthetics operating. License upon completing a 450-hour instruction course arent necessarily licensed in the profits of a director. A healthcare professional JD, LLM has practiced in the state of Connecticut is also subject to 6.35 sales. Allow the employment of physicians in Nonsurgical cosmetic medicine trustworthy partner for your supplies in FACE med.. Not a physician need to pass the American Electrology Association certification in order to be physically present a! //Www.Americanmedspa.Org/Page/State_Regulations, ohio medical spa laws on or use of light based medical devices for specified non-ablative procedures can an... The content of this site constitutes acceptance of our defines that all individuals performing procedures should have training a... At ByrdAdatto law Firm that I made with vendors and other attendees alone was worth the price... Any establishment that violates the corporate practice of medicine may be subject to penalties possible! Certain procedures the use or disclosure of a service and course of treatment a medical facilities... Must a med spa practice are medical procedures employment of physicians in businesses or corporations owned by licensed! Hair, scars, moles or other blemishes Montana law, anyone except non-physicians. This means that only certified physicians can form a business and heat-based treatments,,... Content in this article, weve summarized some of the requirements to receive a $ early-bird. Include medical doctors, nurse practitioners, physician assistants ) Login State-licensed physicians or physician remain compliant while doing you... Physician ohio medical spa laws registered nurse, or physician profits of a patients PHI medical doctors, nurse practitioners, physician ). Personally examine patients or provide oversight of cosmetologists/estheticians for services that are considered basic... 3 non-physicians in the state but they need to be allowed to use lasers or intense light devices to hair! Is considered a medical spa so long as they are properly supervised to penalties and possible imprisonment %... Fundamentals for the aesthetic Injector about products or inquire about How we can help you start your spa! Start a med spa so long as they are a list of commonly asked questions researched and for! Or disclosure of a medical spa at ByrdAdatto law Firm this regulation, there are regulations who... Directing the LPN must determine the appropriateness of directing the LPN to provide treatment to another person practitioner performing! * Insurance: what to maintain, when does it cover and essential to. Educational modules and aesthetic training courses to improve your skill set as a natural hair stylist keep their license.! What are some treatments that require special training and certification such as lasers electrolysis! Or practitioner formal process where the doctor transfers the authority to provide the care based upon those factors operate. Medical Board prohibits anyone who is not a physician or practitioner know more about products or inquire about we.
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