• RC credential will be
abolished and eight (8) new credentials created.
• Scope of practice for “certified adviser” and “certified
counselor”, and requirements will be established.
• CDP trainee credential is established.
• Four licensed counselor associate credentials are established.
• An advisory committee is established for the certified adviser,
certified counselor, and hypnotherapist professions.
• RC’s will be able to transition to the certified counselor
credential if they have been registered for at least five years, and
meet other requirements.
Schedule for Implementation:
• July 1, 2009 - No new
registered counselor (RC) credentials will be issued.
• July 1, 2009 – Registered Counselors (RC) can apply for a new
credential.
• July 1, 2010 – Registered Counselors (RC) must obtain another
credential.
• July 1, 2010 – Registered Counselor (RC) credential is abolished.
• December 15, 2011 - The department shall report to the Legislature
and the Governor.
New
Credentials Created by the Legislation
• Agency Affiliated
Counselors (AAC)
• Certified Advisor (CA)
• Certified Counselor (CC)
• Licensed Social Work Associate-Advanced (LSWA-A)
• Licensed Social Work Associate—Independent Clinical (LSWA-IC)
• Licensed Mental Health Counselor Associate (LMHCA)
• Licensed Marriage and Family Therapist Associate (LMFTA)
• Certified Chemical Dependency Professional Trainee (CDPT)
Definitions
• "Private practice counseling" means the practice of
counseling by a certified counselor or certified adviser as
specified in section 4 of this act.
• "Client" means an individual who receives or participates in
counseling or group counseling.
• "Counseling" means employing any therapeutic techniques,
including but not limited to social work, mental health counseling,
marriage and family therapy, and hypnotherapy, for a fee that offer,
assist or attempt to assist an individual or individuals in the
amelioration or adjustment of mental, emotional, or behavioral
problems, and includes therapeutic techniques to achieve sensitivity
and awareness of self and others and the development of human
potential. For the purposes of this chapter, nothing may be
construed to imply that the practice of hypnotherapy is necessarily
limited to counseling.
• "Counselor" means an individual, practitioner, therapist,
or analyst who engages in the practice of counseling to the public
for a fee, including for the purposes of this chapter,
hypnotherapists.
• "Psychotherapy" means the practice of counseling using
diagnosis of mental disorders according to the fourth edition of the
diagnostic and statistical manual of mental disorders, published in
1994, and the development of treatment plans for counseling based on
diagnosis of mental disorders in accordance with established
practice standards.
• "Independent clinical social work" means the diagnosis and
treatment of emotional and mental disorders based on knowledge of
human development, the causation and treatment of psychopathology,
psychotherapeutic treatment practices, and social work practice as
defined in advanced social work. Treatment modalities include but
are not limited to diagnosis and treatment of individuals, couples,
families, groups, or organizations.
• "Marriage and family therapy" means the diagnosis and
treatment of mental and emotional disorders, whether cognitive,
affective, or behavioral, within the context of relationships,
including marriage and family systems. Marriage and family therapy
involves the professional application of psychotherapeutic and
family systems theories and techniques in the delivery of services
to individuals, couples, and families for the purpose of treating
such diagnosed nervous and mental disorders. The practice of
marriage and family therapy means the rendering of professional
marriage and family therapy services to individuals, couples, and
families, singly or in groups, whether such services are offered
directly to the general public or through organizations, either
public or private, for a fee, monetary or otherwise.
• "Mental health counseling" means the application of
principles of human development, learning theory, psychotherapy,
group dynamics, and etiology of mental illness and dysfunctional
behavior to individuals, couples, families, groups, and
organizations, for the purpose of treatment of mental disorders and
promoting optimal mental health and functionality. Mental health
counseling also includes, but is not limited to, the assessment,
diagnosis, and treatment of mental and emotional disorders, as well
as the application of a wellness model of mental health.
• "Secretary" means the Secretary of Washington State
Department of Health or the secretary's designee.
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New Credential Categories
Definitions, requirements and limitations
Agency
Affiliated Counselor (AAC):
"Agency" means an agency
or facility operated, licensed, or certified by the state of
Washington. "Agency affiliated counselor" means a person registered
under this chapter who is engaged in counseling and employed by an
agency.
A person may not, for a
fee or as a part of his or her position as an employee of a state
agency, practice counseling without being registered to practice as
an agency affiliated counselor by the department under this chapter
unless exempt under RCW 18.19.040.
Applicants for agency
affiliated counselor must provide satisfactory documentation that
they are employed by an agency or have an offer of employment from
an agency.
Agency affiliated
counselors shall notify the department if they are either no longer
employed by the agency identified on their application or are now
employed with another agency, or both. Agency affiliated counselors
may not engage in the practice of counseling unless they are
currently affiliated with an agency.
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Certified Advisor (CA)
"Certified adviser"
means a person certified under this chapter who is engaged in
private practice counseling to the extent authorized in
section 4 of
this act.
The scope of practice
of…Certified Advisers consists exclusively of the following:
(1)
Appropriate
screening of the client's level of functional impairment using the
global assessment of functioning as described in the fourth edition
of the diagnostic and statistical manual of mental disorders,
published in 1994. Recognition of a mental or physical disorder or a
global assessment of functioning score of sixty or less requires
that the certified counselor or certified adviser refer the client
to a physician, osteopathic physician, psychiatric registered nurse
practitioner, or licensed mental health practitioner, as defined by
the secretary, for diagnosis and treatment;
(2)
Certified advisers may counsel and guide a client in adjusting
to life situations, developing new skills, and making desired
changes, in accordance with the theories and techniques of a
specific counseling method and established practice standards, if
the client has a global assessment of functioning score greater than
sixty.
Applicants for certified
advisor are required to have an associate degree in a
counseling-related field and a supervised internship. Pass an
examination in risk assessment, ethics, appropriate screening and
referral, and Washington state law, and other subjects as determined
by the secretary, and have a written supervisory
agreement with a supervisor who meets the qualifications established
by the secretary. Each applicant shall include payment of the
fee determined by the secretary as provided in RCW 43.70.250.
Certified advisors
are required to:
(a)
Have an associate degree in a counseling-related field and a supervised internship.
(b)
Pass an examination in risk assessment, ethics, appropriate screening and referral, and
Washington state law, and other subjects as determined by the
secretary, and
(c)
Have a written consultation agreement with a credential holder who meets the qualifications established by
the secretary.
See also:
Disclosure Statements Requirements
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NEW SECTION. Sec. 4. A
new section is added to chapter 18.19 RCW to read as follows: The
scope of practice of certified counselors and certified advisers
consists exclusively of the following:
(1) Appropriate screening of the client's level of functional
impairment using the global assessment of functioning as
described in the fourth edition of the diagnostic and statistical
manual of mental disorders, published in 1994. Recognition of
a mental or physical disorder or a global assessment of functioning
score of sixty or less requires that the certified counselor or
certified adviser refer the client to a physician, osteopathic
physician, psychiatric registered nurse practitioner, or licensed
mental health practitioner, as defined by the secretary, for
diagnosis and treatment;
(2) Certified counselors and certified advisers may counsel and
guide a client in adjusting to life situations, developing new
skills, and making desired changes, in accordance with the theories
and techniques of a specific counseling method and established
practice standards, if the client has a global assessment of
functioning score greater than sixty;
(3) Certified counselors may counsel and guide a client in adjusting
to life situations, developing new skills, and making desired
changes if the client has a global assessment of functioning score
of sixty or less if:
(a) The client has been referred to the certified
counselor by a physician, osteopathic physician, psychiatric
registered nurse practitioner, or licensed mental health
practitioner, as defined by the p. 3 2SHB 2674.PL secretary, and
care is provided as part of a plan of treatment developed by the
referring practitioner who is actively treating the client. The
certified counselor must adhere to any conditions related to the
certified counselor's role as specified in the plan of care; or
(b) The certified counselor referred the client to seek
diagnosis and treatment from a physician, osteopathic physician,
psychiatric registered nurse practitioner, or licensed mental health
practitioner, as defined by the secretary, and the client
refused, in writing, to seek treatment from the other provider.
The certified counselor may provide services to the client
consistent with a treatment plan developed by the certified
counselor and the consultant or supervisor with whom the certified
counselor has a written consultation or supervisory agreement. A
certified counselor shall not be a sole treatment provider for a
client with a global assessment of functioning score of less than
fifty.
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Certified Counselor (CC)
"Certified counselor"
means a person certified under this chapter who is engaged in
private practice counseling to the extent authorized in
section 4 of
this act.
The scope of practice of
Certified Counselors…consists exclusively of the following:
(1) Appropriate
screening of the client's level of functional impairment using the
global assessment of functioning as described in the fourth edition
of the diagnostic and statistical manual of mental disorders,
published in 1994. Recognition of a mental or physical disorder or a
global assessment of functioning score of sixty or less requires
that the certified counselor or certified adviser refer the client
to a physician, osteopathic physician, psychiatric registered nurse
practitioner, or licensed mental health practitioner, as defined by
the secretary, for diagnosis and treatment;
(2) Certified counselors...may counsel and guide a client in adjusting
to life situations, developing new skills, and making desired
changes, in accordance with the theories and techniques of a
specific counseling method and established practice standards, if
the client has a global assessment of functioning score greater than
sixty;
(3) Certified counselors
may counsel and guide a client in adjusting to life situations,
developing new skills, and making desired changes if the client has
a global assessment of functioning score of sixty or less if:
(a) The client has been referred to the certified counselor by a
physician, osteopathic physician, psychiatric registered nurse
practitioner, or licensed mental health practitioner, as defined by
the secretary, and care is provided as part of a plan of treatment
developed by the referring practitioner who is actively treating the
client. The certified counselor must adhere to any conditions
related to the certified counselor's role as specified in the plan
of care; or
(b) The certified counselor referred the client to seek diagnosis
and treatment from a physician, osteopathic physician, psychiatric
registered nurse practitioner, or licensed mental health
practitioner, as defined by the secretary, and the client refused,
in writing, to seek treatment from the other provider. The certified
counselor may provide services to the client consistent with a
treatment plan developed by the certified counselor and the
consultant or supervisor with whom the certified counselor has a
written consultation or supervisory agreement. A certified counselor
shall not be a sole treatment provider for a client with a global
assessment of functioning score of less than fifty.
Subsection (3) At the time of application for initial
certification, applicants for certified counselor prior to July 1,
2010, are required to:
(a) Have been registered for no less than five years at
the time of application for an initial certification;
(b)
Have held a valid, active registration that
is in good standing and be in compliance with any
disciplinary process and orders at the time of application for an
initial certification.
(c)
Show evidence of having completed course
work in risk assessment, ethics, appropriate screening and
referral, and Washington state law and other subjects identified by
the secretary.
(d)
Pass an examination in risk assessment, ethics, appropriate screening and referral, and
Washington state law, and other subjects as determined by the
secretary, and
(e) Have a written consultation agreement
with a credential holder who meets the qualifications established by the secretary.
Subsection (4) Unless eligible for certification under
subsection (3) [above] ...applicants for certified counselor are
required to:
(a) Have a bachelor's degree in a counseling-related field, and
(b)
Pass an examination [see "d" above]
(c)
Have a written supervisory agreement [see "e" above].
See also:
Disclosure Statement Requirements
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Certified counselors and certified advisers shall provide clients at the
commencement of any program of treatment with accurate disclosure information concerning their practice, in accordance with guidelines
developed by the department, that will inform clients of the purposes of and resources available under this chapter, including
the right of clients to refuse treatment, the responsibility of clients for choosing the provider and treatment modality which best
suits their needs, and the extent of confidentiality provided by this chapter, the department, another agency, or other jurisdiction.
The disclosure statement must inform the client of the certified counselor's or certified adviser's consultation arrangement or
supervisory agreement as defined in rules adopted by the secretary. The disclosure information provided by the certified counselor or
certified adviser, the receipt of which shall be acknowledged in writing by the certified counselor or certified adviser and the
client, shall include any relevant education and training, the therapeutic orientation of the practice, the proposed course of
treatment where known, any financial requirements, referral resources, and such other information as the department may require
by rule. The disclosure information shall also include a statement that the certification of an individual under this chapter does not
include recognition of any practice standards, nor necessarily imply the effectiveness of any treatment. Certified counselors and
certified advisers must also disclose that they are not credentialed to diagnose mental disorders or to conduct psychotherapy as defined
by the secretary by rule. The client is not liable for any fees or charges for services rendered prior to receipt of the disclosure
statement.
Applies to All Licensed Counselors and Associates: A person must not represent himself
or herself as a licensed advanced social worker, a licensed independent clinical social worker, a licensed mental health
counselor, a licensed marriage and family therapist, a licensed social work associate--advanced, a licensed social work
associate--independent clinical, a licensed mental health counselor associate, or a licensed marriage and family therapist associate,
without being licensed by the department.
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Licensed Social Work Associate-Advanced (LSWAA)
OR
Licensed Social Work Associate—Independent Clinical (LSWAIC)
(1) The secretary shall issue an associate license to any applicant
who demonstrates to the satisfaction of the secretary that the applicant meets the following requirements for the applicant's
practice area and submits a declaration that the applicant is working toward full licensure in that category:
Licensed social worker associate—advanced, or licensed social worker associate--independent clinical: Graduation from a master's degree
or doctoral degree educational program in social work accredited by the council on social work education and approved by the secretary
based upon nationally recognized standards.
(2) Associates may not provide independent social work, mental health counseling, or
marriage and family therapy for a fee, monetary or otherwise. Associates must work under the supervision of an approved
supervisor.
(3) Associates shall provide each client or patient, during the first professional
contact, with a disclosure form according to RCW 18.225.100, disclosing that he or she is an associate under the supervision of
an approved supervisor.
(4) The department shall adopt by rule what constitutes adequate
proof of compliance with the requirements of this section.
(5) Applicants are subject to the denial of a license or issuance of
a conditional license for the reasons set forth in chapter
18.130 RCW.
(6) An associate license may be renewed no more than four times.
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Licensed
Mental Health Counselor Associate (LMHCA)
(1) The secretary shall issue an associate license to any applicant
who demonstrates to the satisfaction of the secretary that the applicant meets the following requirements for the applicant's
practice area and submits a declaration that the applicant is working toward full licensure in that category:
Licensed mental health counselor associate: Graduation from a
master's degree or doctoral degree educational program in mental health counseling or a related discipline from a college or
university approved by the secretary based upon nationally recognized standards.
(2) Associates may not provide independent social work, mental
health counseling, or marriage and family therapy for a fee, monetary or otherwise. Associates must work under the supervision of
an approved supervisor.
(3) Associates shall provide each client or patient, during the
first professional contact, with a disclosure form according to RCW 18.225.100, disclosing that he or she is an associate under the
supervision of an approved supervisor.
(4) The department shall adopt by rule what constitutes adequate
proof of compliance with the requirements of this section.
(5) Applicants are subject to the denial of a license or issuance of
a conditional license for the reasons set forth in chapter 18.130
RCW.
(6) An associate license may be renewed no more than four
times.
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Licensed Marriage and Family Therapist Associate (
LMFTA)
(1) The secretary shall issue an associate license to any applicant
who demonstrates to the satisfaction of the secretary that the applicant meets the following requirements for the applicant's
practice area and submits a declaration that the applicant is working toward full licensure in that category:
Licensed marriage and family therapist associate: Graduation from a
master's degree or doctoral degree educational program in marriage and family therapy or graduation from an educational program in an
allied field equivalent to a master's degree or doctoral degree in marriage and family therapy approved by the secretary based upon
nationally recognized standards.
(2) Associates may not provide independent social work, mental
health counseling, or marriage and family therapy for a fee, monetary or otherwise. Associates must work under the supervision of
an approved supervisor.
(3) Associates shall provide each client or patient, during the
first professional contact, with a disclosure form according to RCW 18.225.100, disclosing that he or she is an associate under the
supervision of an approved supervisor.
(4) The department shall adopt by rule what constitutes adequate
proof of compliance with the requirements of this section.
(5) Applicants are subject to the denial of a license or issuance of
a conditional license for the reasons set forth in chapter
18.130
RCW.
(6) An associate license may be renewed no more than four times.
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Certified Chemical Dependency Professional Trainee (CDPT)
CDP
Definitions
"Certification" means a voluntary process recognizing an individual
who qualifies by examination and meets established educational prerequisites, and which protects the title of practice.
"Certified chemical dependency professional" means an individual
certified in chemical dependency counseling, under this chapter.
"Certified chemical dependency professional trainee" means an
individual working toward the education and experience requirements
for certification as a chemical dependency professional.
"Chemical dependency counseling" means employing the core
competencies of chemical dependency counseling to assist or attempt to assist an alcohol or drug addicted person to develop and maintain
abstinence from alcohol and other mood-altering drugs.
"Committee" means the chemical dependency certification advisory
committee established under this chapter.
"Core competencies of chemical dependency counseling" means
competency in the nationally recognized knowledge, skills, and attitudes of professional practice, including assessment and
diagnosis of chemical dependency, chemical dependency treatment planning and referral, patient and family education in the disease
of chemical dependency, individual and group counseling with alcoholic and drug addicted individuals, relapse prevention
counseling, and case management, all oriented to assist alcoholic and drug addicted patients to achieve and maintain abstinence from
mood-altering substances and develop independent support systems.
"Department" means the department of health.
"Health profession" means a profession providing health services
regulated under the laws of this state.
No person may represent oneself as a certified chemical dependency
professional or certified chemical dependency professional trainee or use any title or description of services of a certified chemical
dependency professional or certified chemical dependency professional trainee without applying for certification, meeting the
required qualifications, and being certified by the department of health, unless otherwise exempted by this chapter.
Nothing in this chapter shall be construed to authorize the use of the title "certified chemical dependency professional" (CDP) or
"certified chemical dependency professional trainee" (CDPT) when treating patients in settings other than programs approved under
chapter 70.96A RCW.
(1)The secretary shall issue a trainee certificate to any applicant
who demonstrates to the satisfaction of the secretary that he or she is working toward the education and experience requirements in RCW
18.205.090.
(2) A trainee certified under this section shall submit to the
secretary for approval a declaration, in accordance with rules adopted by the department, that he or she is enrolled in an approved
education program and actively pursuing the experience requirements in RCW 18.205.090. This declaration must be updated with the
trainee's annual renewal.
(3) A trainee certified under this section may practice only under
the supervision of a certified chemical dependency professional. The first fifty hours of any face-to-face client contact must be under
direct observation. All remaining experience must be under supervision in accordance with rules adopted by the department.
(4) A certified chemical dependency professional trainee provides
chemical dependency assessments, counseling, and case management with a state regulated agency and can provide clinical services to
patients consistent with his or her education, training, and experience as approved by his or her supervisor.
(5) A trainee certification may only be renewed four times.
(6) Applicants are subject to denial of a certificate or issuance of
a conditional certificate for the reasons set forth in chapter
18.130 RCW.
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Hypnotherapist
"Hypnotherapist" means a person registered under this chapter who is practicing hypnosis as a modality.
"Counselor" means an individual, practitioner, therapist, or analyst who engages in the
practice of counseling to the public for a fee, including for the purposes of this chapter, hypnotherapists. (So
hypnotherapists appear to be defined as one of the categories included in the word counselor.)
Section 3: A person may not, for a fee or as a part of his or her position as an employee of
a state agency, practice hypnotherapy without being registered to practice as a hypnotherapist by the department
under this chapter unless exempt under RCW 18.19.040.
Sec. 8. RCW 18.19.090: (1) Application for agency affiliated counselor, certified
counselor, certified adviser, or hypnotherapist must be made on forms approved by the secretary. The secretary may require
information necessary to determine whether applicants meet the qualifications for the credential and whether there are any grounds
for denial of the credential, or for issuance of a conditional credential, under this chapter or chapter 18.130 RCW. The
application for agency affiliated counselor, certified counselor, or certified adviser must include a description of the applicant's
orientation, discipline, theory, or technique. Each applicant shall pay a fee determined by the secretary as provided in RCW 43.70.250,
which shall accompany the application.
Webmaster's note:
Please see "
Hypnotherapist License Application Package" on the Washington State website.
[Yes, it reads License Application, but it's an error that will be corrected as soon as they can get a state webmaster to change the
wording. Hypnotherapists will continue to be "registered hypnotherapists," not licensed.]
|
When are
Hypnotists in Washington Hypnotherapists?
When are hypnotherapists counselors? |
From 7/6/09 email: The assistant attorney general (AAG) that advises the
Department of Health counseling program has given me her interpretation of this law regarding hypnotherapy.
[The AAG does not advise the public.] The opinion is that, if someone practices hypnotherapy as a
modality, then they must be registered as a hypnotherapist unless their scope of practice allows it.
However, if a hypnotherapist wants to just “counsel” people without using hypnotherapy, they must hold a
separate counseling credential to do so.
As far as “stage hypnotists” go, they are doing this as a form of
entertainment and are not seeing patients for the adjustment of mental, emotional, or behavioral problems.
Stage hypnotists do not need to be a registered hypnotherapist.
Chapter 18.19 RCW does not have a “scope of practice” identified for
hypnotherapy. When there is a gray area in the laws/rules and because the Department of Health or the AAGs
that advise the program can not interpret laws/rules or advise the public, we have to tell people
to seek their own legal counsel for advice.
Thank you for your
inquiry. Leann Yount, Department of Health, Washington State
↓
|
The short version of the state's various responses is contained in the following:
Question: What is going to happen with the field of hypnotherapy?
Answer: The legislation did not address the hypnotherapy registration. Therefore, there will be no changes.
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Exceptions from regulation------------
Nothing in this chapter may be construed to prohibit or restrict:
(1) The practice of a profession by a person who is either
registered, certified, licensed, or similarly regulated under the laws of this state and who is performing services within the
person's authorized scope of practice, including any attorney admitted to practice law in this state when providing counseling
incidental to and in the course of providing legal counsel;
(2) The practice of counseling by an employee or trainee of any
federal agency, or the practice of counseling by a student of a college or university, if the employee, trainee, or student is
practicing solely under the supervision of and accountable to the agency, college, or university, through which he or she performs
such functions as part of his or her position for no additional fee other than ordinary compensation;
(3) The practice of counseling by a person for no compensation;
(4) The practice of counseling by persons offering services for
public and private nonprofit organizations or charities not primarily engaged in counseling for a fee when approved by the
organizations or agencies for whom they render their services.
(5) Evaluation, consultation, planning, policy-making, research, or
related services conducted by social scientists for private corporations or public agencies; (6) The practice of counseling by a
person under the auspices of a religious denomination, church, or organization, or the practice of religion itself;
(7) The practice of counseling by peer counselors who use their own
experience to encourage and support people with similar conditions or activities related to the training of peer counselors; and
(8) Counselors who reside outside Washington state from providing up
to ten days per quarter of training or workshops in the state, as long as they do not hold themselves out to be registered or
certified in Washington State.
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Applicants for new credentials:
(1) Application for agency affiliated counselor, certified counselor, certified adviser, or hypnotherapist must be made on
forms approved by the secretary. The secretary may require information necessary to determine whether applicants meet the
qualifications for the credential and whether there are any grounds for denial of the credential, or for issuance of a conditional
credential, under this chapter or chapter
18.130 RCW. The
application for agency affiliated counselor, certified counselor, or certified adviser must include a description of the applicant's
orientation, discipline, theory, or technique. Each applicant shall pay a fee determined by the secretary as provided in RCW
43.70.250, which shall accompany the application.
(2) Applicants for agency affiliated counselor must
provide satisfactory documentation that they are employed by an agency or have an offer of employment from an agency.
NOTE: July 1, 2009 – Registered Counselors (RC) can apply for a new
credential.
[ See Schedule of Implementation, above. ]
Be patient--it will take a while to get everything in place. To request an application packet for any of these credentials, the
phone number is (360) 236-4700.
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