Bill 64 (Legislature 10, Session 1)

L10 S1 7589

Alberta — Bills

Bill No. 64 Qf 1945. A BILL RESPECTING THE PRACTICE OF CHIROPRACTIC NOTE. This bill e'stablishes the Alberta Chir'Opratic Associatio.n as a c'OrporatiQn. The members o.f the AssociatiQn shall be the chiro.practQrs nlOw registe'red under the existing Act, but 'Only those who. desir'e' to. do. so are required to. become active members. The others are described a,s n'On-participat ing me'mbers. The f.ee's fQr 'active members are fixed as nQt exceeding one hundred dollars and thQse IOf nQn .... participating members at nQt moOre than twenty-fiv,e do.llars.

New active members' fees also will no.t 'ex'ceed twenty-five dQllars for the first tW'O ye'ars f.o.llQwing initial registratiQn. Pro.visiQn is made in sectiQn 5 (5) fo.r the election Qf a "B'Oard o.f ChiropractQrs" which, under the provisions o.f the Act, will be the gove-rning bo.dy 'Of the AssQciati'On. The powers 'Of this Bo.ard to. make regulatiQns are set Qut in sectio.n 6 of the Bill. These regulations will no.t be effective until approved by the AssociatiQn "and the Lieutenant GQV erno.r in Go.uncil and published in The Alberta Gazette.

Section 7 deals with discipline 'Of membeTs and the Lieu tenant Go.vernQr in Co.uncil is given PQwer, on the recom mendatio.n of the BQard, to. cancel or suspend the registration o.f a member and to. reinstate the registration. SectiQn 9 deals with the appo.intmentand duties 'Of an Examining Board. SectiQn 10 sets lOut the qualificatiQns necessary to. entitle a perso.n to. apply f'Or registration. Subsecti'On (2) makes special pro.visio.n for thQse perso.ns who. are attending a chiropractic schoo.l when the Act comes int'O :Do.rce.

Sub se'ctiQns (4) and (5) make special provisio.ns for men dis charged from the armed fo.rces, or fro.zen in their occupa tiQns, providing they register at a chirQpractic SCho.QI wi~hin two. years of discharge 'Or release from the frozen occupatIon. PrQvision is made in

section 11 for inte'rim licenses to. be issued to qualified persQns pending their examination. Sub section (5) provides an appeal to the Lieutenant GQvern.or in C'Ouncil when the Board has nQt re'commended the regIS tration of the applicant. Provisio.ns are also. made fQr fur ther examinations after failure 'Of a candidate. Secti'Ons 12 and 13 de"al with registration and renewal of same and the use of the term "Doctor" when it may and may not be used.

ii Sections 14 to 18 deal with prosecutions, which must be commenced within two years of the date of the accused offence. Sections 19 to 24 set out the rights and duties of chiro practors and provide that an 'action for negligence or mal practice must be brought within six months from the date when the professional servkes terminated. Sections 25 and 26 set out certain things that chiro practors are prohibited from doing. W. S. GRAY, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 64 of 1945.

An Act Respecting the Practice 'Of Chiropractic. (Assenteq, to , 1945.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1. This Act may be cited as "The Chiropractic Act, 1945."

INTERPRETATION. 2. In this Act, unless the context otherwi'Se requires, (a) "Ass,ociation" means the Alberta Chiropractic As sociation constituted by this Act; (b) "Board" means the Board ,of Chiropractors ap pointed under this Act; (c) "Chiropractic" means the philosophy, sdence, and art 'Of things natural, a system of analyzing and of adjusting by hand only, the 'articulations of the human spinal -column and other articulations inci dental thereto, for the purpose of removing the cause of disease; (d) "Chiropractor" means a person who practices chiro practic. CONSTITUTION OF ASSOCIATION. 3.

There is hereby created and established the "Alberta Chiropractic Association," a body politic and corporate, hav ing perpetual 'Sue-cession and a 'Common seal, and power to acquire, hold and dispose of real and personal property, and to sue and be sued in the manner usual with such corpora tions. STATUS OF CHIROPRACTORS REGISTERED IN ALBERTA. 4.-

(1) Each chiropractor who at the time of the coming into fore-e of this Act is duly registered under the provisions of The Chiropractic Act, being

chapter 290 of the Revised Statutes of Alberta, 1942, and ea1ch chiropractor who here after becomes registered under the provisions of this Act, shall be a member of the Association and shall according to his choice, be classified as either an active member, or as a non-participating member of the Association.

(2) Active membership shall entitle the member to all rights, privileges, and benefits of the Association, the fees for which shall nQt exceed .one hundred dollars per annum, and shall include the fee for renewal .of registratiQn. Provided however, that the annual fee for active members shall not exceed the sum of twenty-five doOllars' foOr a period of tWoO years immediately following the initial registration oOf such memhers.

(3) All active membership fees shall be paid into the treasury .of the Association.

(4) Non-participating membership shall be the status bestowed UPoOn chiropractors who are registered at the time this Act comes intQ force, and upon chiropractors who may subsequently becQm,e registered under this Act, who have not applied foOr and .obtained active memhership in the AssQciation.

(5) The annual fee for renewal .of registration for a non participating member shall not exceed twenty-five dollars.

(6) Non-participating members shall be governed by all the prQvisions of this Act 'and all regulations made hereunder affecting the practice .of chiroOpractic, but shall not have a vote at any meeting of the Association nor be entitled to any of the benefits of the Association. OFFICERS OF THE ASSOCIATION. 5.-

(1) Within two mQnths from the date upon which this Act 'comes into foree, the president .of the Alberta Chiropractic Association herciofore existing shall call a meeting oOf the Assodation at a time and place to be fixed by him of which due notice shall be given to all registered chiropractors in the Province, fQr the purpose of electing the first .officers and transac,ting any other neoessary busi ness under this Act.

(2) At that meeting the said president shall preside and shall receive applications for membership from chiro practors resident in the Province who are present, on forms to be supplied by him, and the persons so 'applying shall be deemed to be active members, for the purposes of this Act, of the Association cQnstituted by this Act until the first annual meeting.

(3) Thereupon the said active members of the Associa tion shall proOceed to the election of a president, vice-presi dent, secretary, treasurer or secretary-treasurer, and they shall constitute the executive c.ommittee of the Association.

(4) At the first annu~l meeting and at each subsequent annual meeting the officers mentioned in subsection (3) 'shall be elected by and from the active members of the Association and shall constitute the executive com,mittee of the Association. (5) (

a) At the meeting provided for in subsection (1), there shall also be elected by and from the active membership

3 of the Asso~iation a "Board of Chir.opractors", whose duty it shall be to. administer thi1s Act under the directi.on of the As'sociation, and to act in an advisory C'apacity to the Asso ciation, which Board shall consist .of five members, a chair man who shall be elected annually, two. members who shall be elected fQr a term of one year each, and two members who shall be elected for a term of two years each. (

b) At the next annual meeting of the ASlsociation, and at each subsequent annual meeting, two members shall be elected to· the BQard f.or a term of two years each. (

c) Three members .of the Board shall constitute a quorum. (

d) Should vacancies Qccur Qn the Board during the year, the Board shall fill the vacancies by appointment of active members .of the Association, who shall h.old 'Office 'Only until the next ·annual meeting .of the AssQciation. (

e) ShQuld the .office of chairman of the Board fall vacant during the year, the Board shall elect 'One from its members to fill that offi:ee fQr the balance· of the year. (/) No member of the executive c.ommittee shall be eligible for membership on the Board. 6.-

(1) The Board shall have power, 'Subject to sub secti.on (2) and the .other provisi.ons of this Act, to make regulations governing,- (

a) the duties of the executive c.ommittee and its mem bers; (

b) the admission of chiropractors into membe'rship .of the Association and to practi'ce in Alber,ta, and the fees to be paid f.or registration and renewal of regis tration; (

c) the qualificatiQns as to educatiQn, character and experience that a chir.opractor must have before he may be so admitted into the Ass.ociation; (

d) the keeping .of a register of pers.ons entitled t.o practise chiropractic in the Province; (

e) the fees payable by a person on applying for exam inati.on, with a view to registDation, which shall not exceed one' hundred dollars, and ,subject to the provi si.ons .of secti.on 4, the annual renewal of registration .of active and non-participating members, and pre scribing the :fees payable thereon; (/) the voting by the Ass.ociation of the necess'ary funds f.or the activities and performance of the duties of the Board; (

g) the discipline and conduct of registered chiro practors, including the regulation or prohibition of advertising by or on behalf 'Of chiropractors; (

h) the investigatiQn 'Of any ,complaint .of unprofessional conduct, incompetency or want of skill on the part of 'any registered chiropractor;

4 (

i) the calling of meetings of the Board, and the pro cedure to be followed at such meetings, and the right to vote there a t ; (

j) the examination of applicants for -registration as chiropralctors and pres·cribing the duties of the examining board; (

k) generally 'any matters deemed proper for the better carrying out of the provisions 'Of this Act.

(2) The regulati'Ons made from time 'to time by the· BDard shall not ·c'Ome into force until they have been approved by the Ass'Ociation and the Lieutenant Governor in Council and published in one issue of The Alberta Gazette.

(3) Subject t'O the approval of the Association and 'Of the Lieutenant Govern'Or in Council, the Board may at any time am·end or rev'Oke any regulations made by it, but no such amendment or revocati'On shall have effect until it is pub lished in one issue 'Of The Alberta Gazette. 7.-

(1) In case a ehiropractor register·ed under this Act is charged with unprDfessional conduct, inc'Ompetency or lack 'Of skill, Ian inquiry shall be made by the Board, and if the Board considers the charge to have been proved it may discipline the member in such manner 'as is provided by regulations under this Act or may recommend to the Lieu tenant Governor in Council that his registration be sus pended Dr eancelled.

(2) In the case of any m·ember whose registration has been ·suspended ·or cancelled, the Board after such inquiry as it deems prDper, may recommend to the Lieutenant G'Ov ernor in C'Ouncil the reinsrtatment of the registration 'Of the said member. 8. No actiDn shall be brought against the B'Oard or any member of the Board for anything dDne in good faith under this Act, notwithstanding any want of f'Orm in the proceed ings. EXAMINING BOARD. 9.-

(1) There shall bean examining board composed of seven active members of the Association elected annually by the Association for the purpose of testing the knowledge of every person who applies for registration as a chiropractor under this Act.

(2) Each member of the examining board ,shall be elected by the Association to prepare and mark a specific examina tion paper as set out in paragraph (

c) of

section 10, and immediately after the examining board has been elected, its members shall meet and elect 'one of their number to act as chairman for the ensuing year.

(3) If a member of the examining board resigns there from, or is unable or unwilling to act thereon, or dies, the

5 Board shall apPQint anQther member of the AssQciatiQn to. act in his place for the residue 'Of the term fQr which he was elected. QUALIFICATIONS OF A CHIROPRACTOR. 10.-

(1) Subject to the provisiQns .of

section 4, and sub s'ectiQn (2) of thiS' sectiDn, o.nly thQse. persons shall be entitled to. apply for registratiQn as chirQpracto.rs under this Act who. are twentY-Qne years 'Of age, and wh.o,- (

a) file with the BQard a certificate sho.wing that they have passed at least the junio.r matriculatiQn exam inatiQns Qf the Province o.r SChODI examinatiQns equivalent thereto.; (

b) have attended ,a SChQDI .or eQllege 'Of chiro.practic whi,ch is approved 'Of by the Board for at least thirty-two. cDnsecutive mQnths, Qr four years Qf eight mQnthS' each Qr more, and, graduated there frQm; (

c) passed an examinatiQn prepared by a member of the examining board and apprQved by the said Bo.ard in the follQwing subjects respectively: Paper No.1-Anatomy, General DiagnQsis and SymptQmQtQIQgy; Paper No.2-Philosophy, TheQry and Practice Qf ,Chiropractic; Paper NQ. 3-Physiology; Sanitary Science and Hygiene; Paper No. 4-BacteriQIQgy, and Chemistry; Paper No.. 5-HistQ1Qgy, ,and PathQIQgy; Paper No.. 6-Ex'aminatiQn in Meric Chiro.practic Te:chnique ; Paper N'Q. 7-Examination in HIO ChirQpractic Technique; PrQvided that an applieant shall n.ot be required t.o be examined 'On bOoth Paper No.. 6 and Paper N.o. 7 bu t may ,ele'ct 'Qne or the .other; (

d) comply with any prQvisions Qf this Act and the regulatiQns which apply to. such registratiQn.

(2) Any perSQn who. was registered with and attending a chi~Qpractic sch.oQI o.r college apprDved by the B.oard at the time thiS' Act comes into. fQrce, who. files with the BQard a certificate showing s'cholastic qualificatiQns 'Of juniDr matri culatiQn, 'Or the equivalent thereto, and has attended fQr eighteen months a schQol 'Or cQllege o.f chirQpractic approved by the BQard and graduated therefro.m, shall be entitled to. apply for examinatiQn under the prDvisiQns o.f this Act.

(3) A registered chiropractQr under this Act who. has a certificate Qfcompetency in X-ray and SpinQgraphic Tech nique, from a sch.oQI Qr c'Ollege Qf 'chiro.practic apprQved by the Board, or who. has 'Other such certificates 'Of cQmpetency,

6 may in connection with his practice, use X-ray for making shadow-graphs, or for the purpose 'Of a general analysis wherein bone tissue is involved.

(4) Any person who is a member of the Canadian armed forces 'Of World War II, 'Or who was a member of such forces and has been honourably discharged therefrom 'at the time this Act 'comes· into force, and who satisfies. the Board that he has resided in the Province for at least one year im mediately prior to September 1st, 1939, shall, subje·ct to the provisions of subsection (6) be entitled to be examined under the provisions of this Act upon producing satisfactory evidence as to his s,cholasiic qualifications and 'study at a school or ,college as set lout in subsection (2).

(5) Any person who was prevented from changing his oc-cupation by any regulation made under the provisions of the War Measures Act (Canada) and who has made applica tion for admission to a schOool 'Or college 'Of chiropractic approved by the Board on or befQre the date on which this Act comes into f'Orce, or within six months after the date on which this Act comes into f.orce, and who. satisfies the Bo.ard that he has resided in the Pro.vince for at least one year immediately prior to.

September 1st, 1939, shall, subject to the provisiQns' of subsec-tio.n (6), be entitled to be examined under the provisions 'Of this, Act upon producing satisfactOory evidence as to. his scholasitic qualifications and study at a schoo.l or college o.f chiropractic as set 'Out in 'subse:etion (2).

(6) No. person shall be entitled 1;0 the privileges set 'Out in subsections (4) and (5) unless he be registered with and in attendance at a schoo.l orco.llege 'Of chirQpractic approved by the B'Oard within two years from the date upo.n which he was discharged from the armed fo.rces,'Or released from an oc.cupation which he was prevented from changing by any regulation made under the prOovisions o.f The War Measures Act (Canada). INTERIM LICENSE. 11.-(1) (

a) Up'On receipt by the Board of an applica tion in writing for an interim license together with pro.of of qualificatio.ns and registration fee, the Board, if o.f the opinion fro.m the pro.of submitted that the applicant is en titled to apply fQr examination under the provisio.ns of this Act at the next examination held, shall recommend to the Lieutenant Governor in Co.uncil that an interim license be issued in the name of the applicant, which shall entitle the applicant to. practise as a chiropractor. (

b) An application for an interim license shall be finally dealt with by the Board within thirty days after receipt of the application and proof 'Of qualifications.

(2) If the Board rejects an applicati'On for an interim license the applicant may appeal to the Lieutenant Governor in Council, who. may dismiss the 'appeal or direct that an interim license be is,sued by the Board to the applicant.

(3) Any interim license granted under the pro.visions 'Of this sectiQn shall terminate UPQn the date named thereunder,

7 or upon the first day of July after the day of its issue, which ever date is: the earlier, but such license may be renewed from time to time.

(4) Upon 're'ceipt of a report from the examining board ind~cating that the applicant has passed the examination with an average of at least 'sixty per cent on each paper, the Board shall rec'Ommend to the Lieutenant Governor in Council that a. certificate of registration be issued in the name of the applicant.

(5) Where the Board has not recommended that a certi ficate 'Of 'registration he issued to the applicant, he may appeal to the Lieutenant Governor in Council wh'O may dis miss the appeal 'Or direct that a certificate of registration be i'ssued to the applicant.

(6) Examinations under the provisions of this Act shall be held every year during the month of September,' and an applicant wishing to t'ake the examination in any year must file his application with and pay the registration fee to the Chairman of the Board on or bef'Ore the first day of August in that year.

(7) Should an applicant fail in his first examination in not more than three papers, he,- (

a) may re-write said papers. on which he failed at the next regular examination held, with'Out further fee; 'Or (

b) upon payment of an 'additional fee of fifty dollars, may request the Board to hold a supplementary examination in those papel'ls on which he failed. (8) (

a) Sh'Ould an applicant fail in four or more papers at his first examination, or fail in any paper at his second examination, he must provide evidence of at least six months additional study at a school 'Or ,college 'Of chiropractic approved by the Board before he is entitled to make further application to the Board to be examined under the provisi'Ons of this Act, ,and any such appli:cation shall be subject to all the provisi'Ons of this Act as if it were the first application. (

b) In any written examinations held pursuant to the provisions of this

section in which an applicant has failed, he may upon payment of a fee of five d'Ollars for each paper, apply to have the paper in which he has failed re-read and passed upon by the Board of Examiners. REGISTRATION. 12.-

(1) Each certifi,cate ·of registration, 'Or certificate of renewa.l of registration issued under this Act shall remain in force until the first day of July next f.ollowing the date of issue thereof.

(2) Application for certificate of renewal of registr3!tion accompanied by the necessary fee, shall be filed with the secretary-treasurer of the Ass'Ociation before the thirtieth day of June of each y.ear.

(3) Upon receipt of the applica;tion accompanied by the necessary fee, from a chiropractor registered in Alberta who is in good standing, a certificate of renewal of regis,tration shall be issued to the applicant by the Board, and shall be signed on behalf of the A1ssociation by the chairman and secretary-treasurer of the Association. 13.-

(1) A registered chiropractor may use words Dr symbols to indioate his calling, and for this purpose may use the term "Doctor", provided it is used in conne~tion with words indicating he is a chiropractor.

(2) Except 'as otherwise herein provided, no registered chiropractor shall use any abbrevia,tions in connection with his name which suggests that he is, a graduate or licentiate in medicine or surgery of any University or other diploma granting body, or the words "Doctor", or "Physidan", or "Surgeon" or "Doctor of Medicine", or "Physician and Surgeon" in connection with his name, nor shall he by adver tisement, announcement or otherwise represent or hold him self out as a physician or surgeon. OFFENCES AND PENALTIES. 14.-

(1) No person other than a chiropractor registered under this Act as a member of the Association, or other than a person to whom a temporary license has been issued which is in good standing, shall engage in the prac,tice of chiro practic or use the title "Chiropra:ctor" or any word, title or designation, abbreviated or otherwise, to imply that he is engaged in the practice of chiropractic.

(2) Any person who i,s not a medical doctor and who practices chiropractic, either alone or in conjun~tion with any other method of treatment of the human body for disease and the causes of disease, for hire, gain, reward or remun eration, or the hope or expectation thereof, unless he is duly registered or licensed to practice ,a's a chiropractor under the provisions of this Act, shall be guilty of an offence against this Act. .

(3) Any person WhD, not being registered or licensed as a chiropractor under this Act, or who, having been so reg istered and whose registration has been ,can0811ed or is under suspension, practices or holds himself out as practi'sing chirop~actic, either alone or in conjunction with any other method of treatment of the human body for disease and the causes of di1sease, or advertises or uses any prefix or suffix to his name lsignifying that he is qualified to practise chiro practic, either alone or in conjunction with any other method of treatment of the human body for disease and the causes of disease, shall be guilty of an offence against this Act. 15.

It shall be an offence for any person to wilfully procure or attempt to procure himself to be registered or licensed under thiS' Act by making any false or fraudulent

9 representation or decla~ation, either verbally or in writing; and any person knowingly aiding Dr alssis.ting him therein shall be guilty of an _ offence under this Act. 1-6.-

(1) In any prosecution under this Act it shall be sufficient prDof of an .offence under this Act if it is proved that the accused has done or committed a single act of prac tising while unregistered and unlicensed, or has committed on one occasion any of the acts prohibited by thi,s Act.

(2) Iri any action, prosecution or .other proceeding the fact that a person is or is not registered Dr licensed as a chiropractor pursuant to this Act may be proved- by the production of a certificate of the secretary-treasurer of the Association and any certificate purporting to be 'S.o signed shall be received in evidence without any proof of ,the 'signa ture of the person signing the same or ·of his official position and shall be prima facie evidence of the truth .of any state ments therein contained as to whether or not at the date of the 'certificate .or at any time or times stated therein any person named therein was or was not duly registered or licensed as required by thi,s Act. 17.

Any prosecution under this Act shall be commenced within two years from the date of the alleged offence. 18. Any person who commits an offence against any of the provisiDns: of this Act shall be liable on

summary COTI vic.tion,- (

a) for a fi~st ,offence to a fine not exceeding one hundred dollars, and in default of payment to impris.onment for a ternl not exceeding thirty days; (

b) for a second offence, to a fine not exceeding two hundred d.ollars, and in default .of payment to imprisDnment for a term not exceeding sixty days; and (

c) for a third or subsequent offence, to impris.onment for a term not exceeding ninety days without the option of a fine. RIGHTS AND DUTIES OF CHIROPRACTORS. 19. Any chiropractor who is registered or licensed under this Act shall be entitled to demand frDm any pers.on by whom he i,s ,consulted or employed, and to recover as a debt in any ,court of competent jurisdiction, the proper charges for such consultation and employment, .or either of them. 20. Any chiropractor registered or licensed under this Act shall, if he so desires, be exempt from serving on any jury. 21.

No registered or licensed chiropractor shall be liable in any action for negligence or malpractice by reas.on of professiDnal Iservices requested and rendered, unless the

10 action is commenced within six months from the date when, in the matter complained of, such professional Rervices terminated. 22. Nothing in this A'ct shall apply to or affect,- (

a) the practise of any profession or calling by any person practitsing the same under authority of a general or spe:eial Act of the Legislature; (

b) any nurse a,cting in the absence of or under the prescription or direction of a legally qualified med ical practitioner; (

c) the furnishing of first aid or temporary assistance in cas'es of emergency. 23. The provisions of The Public Health Act imposing certain duties upon physicians withr€lspeci to contagious or infectious diseases shall mutatis mutandis 'apply to every chiropractor registered or licensed under this Act. 24. Nothing in The Medical Profession Act shall prohibit a duly registered or licensed chiropractor from practis,ing chiropraotic for hire, gain or hope of reward. PRACTISE OF MEDICINE PROHIBITED. 25.

Nothing in this Act or the r,egulations' shall authorize any person to prescribe or administer drugs for use intern ally or externally, or to use or direct or pre1scribe the use 'Of anaesthetics for any purpose whatsoever, or to practise medi:eine, surgery or midwifery. 26. No regi'stered or licensed chiropractor shall pres·cribe or administer drugs or medicinal preparations or treat any venereal dise,ase, or any communicable diseas.e, as defined by The Public Health Act, nor shall he perform any surgical operation, or practise obstetrics or any branch of medicine or osteopathy. 27.

All chiropra,ctorsat present duly regis,tered under the provisions of The Chiropractic Act, being

chapter 290 of the Revised Statutes of Alberta, 1942, shall be deemed to be regis,tere.a under the provisions of this Act and ,any person whose application for registration is pending at the time this Act comes into force, may complete his registra tion under the provisions of this Act. 28. In any case where it is provided in this Act that the Board may make any recommendation to the Lieutenant Governor in Council the Lieutenant Governor in Council is hereby empowered to carry out such recommendation. 29. The Chiropractic Act, being

chapter 290 of the Revised Statutes. of Alberta, 1942, is hereby repealed. 30. This Act shall come into force on the day upon which it is assented to.

No. 64. FIRST SESSION TENTH LEGISLATURE 9 GEORGE VI 1945 BILL

An Act Respecting the Practice of Chiropractic. Recei ved and read the Firsttime ......................................... . Second time. Third time ....................................... . MR. BOURCIER. EDMONTON: A. Shnitka, King's Printer 1945 Title: 1945 (10th, 1st) Bill 64,

An Act Respecting the Practice of Chiropractic

Document details

Collection	Alberta — Bills
Citation	L10 S1 7589
Type	bill
Volume / chapter	L10 S1 7589
Language	en
Format	json
Source	PROVINCIAL
Identifier	b25b243570a1c59663900fb6568d5f8555ebd7d1

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