People often use the term 'informed consent' in the healthcare industry. But legal, ethical, cultural, administrative, and interpersonal issues mean it's anything but simple. For example, if Congress wishes to table an issue and no one objects, this move can be considered unanimous. You will need to sign a consent form to show that you understand the information provided to you. (n.d.). the information being disclosed or shared; the people or organisations the information will be shared with; and, a physical or mental condition that causes confusion, drowsiness or loss of consciousness; and. Last medically reviewed on October 11, 2019, One in three women and one in six men in the United States experience sexual violence in their lifetime. A hair strand drug test can be used to detect drugs used over the past 90 days. If this happens, the shared decision-making responsibility is often split between relatives and the healthcare team. So, for example, it is unlikely that decisions like confirmations of Supreme Court Justices or amendments to the Constitution will be made without a vote. How Do I Give Express Consent for Treatment? If any member of Congress objects to an action, it cannot pass unanimously. Informed consent: Corner stone in ethical medical and dental practice. 6 Talk to a Washington, D.C. Medical Malpractice Attorney, The Law Offices of Dr. Michael M. Wilson, M.D., J.D. Consent can be expressed in written form or, in some cases, verbally. cookielawinfo-checkbox-functional: 11 months: The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Less commonly, express consent can be given verbally. All rights reserved. This is an important feature because the answers that board directors need to give for a unanimous consent agreement must be clear and unambiguous to be considered legal. The process is similar to informed consent in healthcare. An individual must be capable of making a voluntary and informed decision regarding consent to treatment. Most importantly, it empowers you to make educated and informed decisions about your health and medical care. Physicians also have an obligation to ensure that content is accurate and complete and that the process and product of recording uphold standards of professional conduct. Signing a medical authorization form is not like signing a mortgage. The physician should include information about: the nature and purpose of recommended interventions; the burdens, risks, and expected benefits of all options, including forgoing treatment. on unanimous consent agreements every day for many purposespurposes great and small, important and routine. Informed consent. Anyone who can independently decide whether they want treatment must provide consent. 2 Verbal consent is an explicit verbal statement of agreement from the client. This is a legal document that outlines which procedures and treatments a person refuses to undergo. However, Senators can protect their rights under Senate rules simply by objecting to a unanimous consent request to waive one or more of the rules. They can be recorded electronically or manually on paper if that's how the company normally keeps them. 3 How Do I Give Express Consent for Treatment? On consent agreements generally, see CRS Report 98-225, Unanimous Consent Agreements in the Senate, by Walter J. Oleszek. Consider completing a Durable Power of Attorney for Finances to handle non-health care issues. Must Physicians Disclose Personal Health Information to Patients? The Voting and Resolution software affords board secretaries or board administrators the ability to customize the type of voting, including yes/no votes or for/against/abstain votes with or without signatures. Contact us now, we are here to help you! This information needs to be communicated to you in a way that you understand. Physicians should engage patients whose capacity is impaired in decisions involving their own care to the greatest extent possible, including when the patient has previously designated a surrogate to make decisions on his or her behalf. We dont know what the long term risks and benefits are. When the patient/surrogate has provided specific written consent, the consent form should be included in the record. Express consent is typically done in writing, while implied consent is typically conveyed through a patients actions or conduct. It enables you to decide which treatments you do or do not want to receive. Site by Consultwebs.com: Law Firm Website Designers / Medical Malpractice Lawyer Marketing. He is admitted to practice in the District of Columbia and New York as well as the U.S. Court of Appeals for the District of Columbia and the U.S. Supreme Court. Document the informed consent conversation and the patients (or surrogates) decision in the medical record in some manner. Consent. In England, Wales and Northern Ireland, the law says you must act in the best interests of service users. There are two types of consent for the purposes of confidentiality: express consent and implied consent. Alternately, Congress might decide to have Democrats and Republicans take turns arguing an issue. Informed consent is when a healthcare provider like a doctor, nurse, or other healthcare professional explains a medical treatment to a patient before the. Diligent Corporation's Voting and Resolution software was designed for modern governance. This article examines the, Clinical trials are carried out to ensure that medical practices and treatments are safe and effective. DOI: Indian Health Services. In some medical situations, consent between the patient and the attending physician or other medical professional is implied. The Congressional Accountability Act of 1995 Reform Act, which was passed by unanimous consent in the Senate and the House of Representatives, was signed into law by the President last night. Keep reading to learn more about consent to treatment, when it is not necessary, and how it applies to children, young people, and those on life support. Informed consent means that you made a voluntary and educated decision. A patient who has decision-making capacity appropriate to the decision at hand has the right to decline or halt any medical intervention even when that decision is expected to lead to his or her death, When a patient lacks appropriate capacity, the patients surrogate may halt or decline any intervention. Keep reading to learn more about the distinction between express and implied consent. (5.2). Initiating Consideration Most matters reach the Senate floor through unanimous consent requests that the chamber proceed to their immediate consideration. In the case of the Covid-19 vaccine, it is important to know that there are alternate safe and effective treatment options which can be foundhere. Unanimous consent in Congress saves time for the debates and votes needed on issues likely to spark controversy. Healthline has strict sourcing guidelines and relies on peer-reviewed studies, academic research institutions, and medical associations. A patient usually gives express consent by signing a medical authorization form that authorizes a doctor to go ahead with a specific medical treatment or medical procedure. Tricia has a Literature degree from Sonoma State University and has been a frequent UnitedStatesNow They may also provide audio or video materials. At its best, this process was only effective if the directors were in a location where they could access a printer and a scanner. The company or organization's bylaws should state that the board directors can make approvals this way. Nicholas J. Consent forms ensure that doctors provide the appropriate information related to the medical condition and treatment options and that the individual selects their preferred option. You can find more information further down in this guidance. M. C. Mehta v. Union of India. When possible, healthcare professionals can discuss potential decisions with the family or friends of the individual. If a family all agrees to have pizza for dinner, this can be considered unanimous. Talk to a Washington, D.C. Medical Malpractice Attorney. A better way for a better world. This consent form is a legal document that protects the person giving the treatment should anything go wrong, so you must make sure youve received all the information you need to make the right choice for you. by a clear gesture such as a nod. This is important to make sure you receive the highest standard of care. Endoscopy vs. Colonoscopy: How Do They Differ? However, physicians have an obligation to protect patient interests and ensure that professional standards are upheld. The presiding officer waits for objections and approves passage if there is consent by all members. By informed, we mean that the service user has enough information to make a decision about whether they give their permission for their information to be shared with other people. It isnt explicitly stated or written down. I'll bet it's been a while. A patient's right to consent is basic. Healthline Media does not provide medical advice, diagnosis, or treatment. The chambers size makes it necessary to achieve consent from all present members to avoid legislative logjams. In past decades, when boards have needed timely approvals for certain matters, they've had to hunt down the entire board, deliver scanned copies of signature pages, and have them sign and return the pages within a certain time frame. Let's take the example of a financial transaction. An endoscopy is used in a wide range of testing throughout the body. Sen. Mike Lee of Utah alerted the cloakroom that he objected to the bill passing without a vote, Lees communications director Conn Carroll told CNN., The Hill (June 27, 2019): More than two dozen GOP lawmakers on Thursday lined up on the House floor to call for a unanimous consent vote on the bipartisan Senate-passed bill to provide emergency humanitarian border aid.. For other types of votes, the program allows board directors to vote anonymously and to add comments if they so desire. EX-10.2 3 ex10-2.htm . In what other ways is informed consent used? Parents and guardians of children under the age of consent should provide informed consent on their behalf. They provide a recipe for your body to make a viral spike protein. Yet, it's difficult to schedule a special board meeting or board call to get a consensus at the last minute. Justin II, the emperor of Byzantium, was in excruciating pain and begged court physicians to operate. They must base their decision on the best interests of the individual. Substituted consent, or the substituted judgment doctrine, allows a decision maker to attempt to establish the decision an incompetent person would have made if he or she were competent. Types An express consent is one that is clearly and unmistakably stated, rather than implied. Board Management for Education and Government, Internal Controls Over Financial Reporting (SOX), Diligent Corporation's Voting and Resolution software. The party that holds the majority in the U.S. Senate often blocks high-profile bills from receiving unanimous consent. & Associates are ready to review your case and help you determine your legal options for recovery. Informed consent. ","acceptedAnswer":{"@type":"Answer","text":"In some medical situations, consent between the patient and the attending physician or other medical professional is implied. This process of understanding the risks and benefits of treatment . They are obligated by medical ethics to help you make the best decision. Michael M. Wilson is not a member of the Florida Bar, but represents Florida residents who have legal cases in Washington, D.C. or New York. There are always certain issues in the government that can be settled by unanimous consent. Price is a former Manager at Diligent. They have the right to refuse treatment, request alternative treatment, or withdraw consent at any time. Learn why immunohistochemistry is the gold standard in testing for certain diseases, including several cancers. You should encourage the person and allow them to make their own decisions and manage their own affairs as much as possible and develop the skills needed to do so. The first unanimous consent agreement in the U.S. Senate is attributed to William Allen of Ohio. I have read and agree to the terms and privacy policy. For example, if you have a fever and see a healthcare provider, your visit implies that you want treatment. What is an advance directive? You should take account of the views of others who have an interest in the persons welfare. Physicians should support innovative approaches to increasing the supply of organs for transplantation but must balance this obligation with their duty to protect the interests of their individual patients. She is especially passionate about reading and writing, although her other interests include If a doctor needs to perform life-saving surgery on the unconscious victim of a car accident, for instance, consent is implied. It can be much more challenging to prove implied consent in medical malpractice cases because its not a written agreement. They must also be aware of the suggested treatment and understand why it is necessary. Informed consent to medical treatment is fundamental in both ethics and law. An individual must be capable of understanding the provided information and using it to make an educated decision regarding their consent to treatment. The board can use unanimous consent for routine matters that don't require board approval or for more significant events that the board has previously discussed and agreed on. What types of procedures need informed consent? A person must give consent willingly and voluntarily for it to be valid. Assess the patients ability to understand relevant medical information and the implications of treatment alternatives and to make an independent, voluntary decision. Enabling individuals to donate nonvital organs is in keeping with the goals of treating illness and relieving suffering so long as the benefits to both donor and recipient outweigh the risks to both. When an intervention no longer helps to achieve the patients goals for care or desired quality of life, it is ethically appropriate for physicians to withdraw it. There are special considerations for minors including determining when a minor is able to give informed consent on their own account, and when informed consent must be given by the relevant parent or guardian. It can only refer to the members of Congress who are present. Express consent is also sometimes known as informed consent. If you decide to move forward, youll need to give informed consent first. (n.d.). For children under 16, you may need to get consent from someone with parental responsibility. Consent, for the purposes of confidentiality, means that the service user understands and does not object to: For consent to be valid, it must be voluntary and informed, and the person giving consent must have the capacity to make the decision. The person giving you the injection must give you all the information you need to make an informed decision including risks, benefits, side effects, and alternative treatments. Issues where unanimous agreement may be readily obtained are noncontroversial ones. This type of communication lets the patient ask questions and accept or deny treatment. Unanimous consent is an agreement by all members present on anything requiring a yes or no decision. Convenience is important for board directors, so Diligent created the iPhone app so board directors can vote from anywhere using their mobile phones. [Signature of participant] Signature of Participant [date] Date [time] . 2023 Healthline Media LLC. Such arrangements should be made only to ensure the highest quality of care. Service users should be fully aware of why you need to share any information about them, how you will do so, who you will be sharing the information with and how that information willbe used. As the patient, you have the right to make informed choices about your medical care and what works best for you. (2014). Members can ask for unanimous consent to suspend the rules, which means that floor debate is limited to 40 minutes prior to a vote. I wonder how long its been since our federal government has had an issue settled by unanimous consent. These include bleeding, clotting, heart, brain, and immune system disorders. This is no longer permitted, now any protected health . In the meantime, those who need the benefits of legislation suffer. The same applies if you go to a lab to have your blood drawn or if you showed up for a routine physical exam. Centralize the data you need to set and surpass your ESG goals., The Big Shift: How Boardrooms Are Evolvingand How Leaders Should Respond. Medical students who volunteer to act as patients are not seeking to benefit medically from the procedures being performed on them; their goal is to benefit from educational instruction, yet their right to make decisions about their own bodies remains. medicine, art, film, history, politics, ethics, and religion. However, theres often confusion about what informed consent is, what it means, and when its needed. {#
8:isG a person with a residence order for the child; a local authority designated to care for the child; or. Purpose [ edit] Euthanasia or physician-assisted suicide is an action taken to end the life of a person experiencing long-term illness. Individuals can make an LPA, which gives an appointed person the legal right to make medical decisions on their behalf. People with a health condition may choose to, Medical News Today has strict sourcing guidelines and draws only from peer-reviewed studies, academic research institutions, and medical journals and associations. Unanimous written consent may take the form of an email message with the following words in the subject line: 'Email-vote Yes Electronic Approval.' Unanimous consent, or general consent, by a group of several parties (e.g., an association) is consent given by all parties. Compared to informed consent, implied consent is less formal. This form is a legal document that shows your participation in the decision and your agreement to have the procedure done. If any member objects to such a request, it is not agreed to. A capable person can provide consent to treatment in writing or in verbal or nonverbal ways. For instance, if you have given authorization to have your tonsils and wisdom teeth removed and you decide that you only want your wisdom teeth removed, you can limit consent to your wisdom teeth. Informed consent means that before you undergo a medical treatment or a procedure, you fully understand everything involved in that procedure including risks, benefits, alternative treatments, and potential side effects. The year was 578. If a person is unable to make a decision to consent for treatment because of intellectual, emotional, mental, or social disabilities, their guardian may be asked to sign a consent form or provide permission on their behalf. Dj520 }B
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i04Xs!aFQ/X?=R D8[X~G'iIA1M+)QvcPFH(?q%j+!h)t+y].8x>E$Rh|\6[( The bill still needed the president's signature. Some countries will assess maturity in each individual. The information about the vote must be recorded and that must show unanimous consent about the topics. Implied consent is a legal term that refers to the idea that a patient does not have to specifically consent to treatment or care by a healthcare provider. In Scotland, the Adults with Incapacity (Scotland) Act 2000 sets out the principles you must follow when making decisions on behalf of someone without capacity. You should also receive information on potential side effects. Some of the things that need to be included in a unanimous written consent are the exact wording of the board meeting consent resolution or agreement. People who are aware that their capacity to consent will change in the future for example, due to a degenerative health condition or learning disability may decide to create a living will. Informed consent can help prepare you for the futureso that after treatment (e.g vaccination) you can make key decisions to aid your recovery. Heres how to get their attention and talk about chronic pain effectively. It is important to remember that we are all different. It is important to remember not to be coerced by these requirements since it is you that will have to live with the consequences of that intervention. A healthcare professional must provide adequate treatment information and options so. Types of consent include implied consent, express consent, informed consent and unanimous consent. Express consent is typically done in writing, while implied consent is typically conveyed through a patient's actions or conduct. The cookie is used to store the user consent for the cookies in the category "Analytics". In Congress, unanimous consent is a way of quickly deciding issues without taking a vote. Dr. Michael M. Wilson is an attorney and a physician who earned his undergraduate degree from the Massachusetts Institute of Technology and his legal and medical degrees from Georgetown University. People who do not have the mental capacity to comprehend the treatment choices are not able to give consent to treatment. Successful communication in the patient-physician relationship fosters trust and supports shared decision making. This collaborative decision-making process is an ethical and legal obligation of healthcare providers. You used this information to determine whether or not you want the procedure. Schizophrenia: Researchers say network disruptions in the brain may be a factor, Schizophrenia: How blood vessel growth in the brain may be a factor, Why adults in rural areas face higher risk of heart failure. & Associates - All Rights Reserved. To receive the best clinical care, you should always ask your doctor or nurse for their opinion on whether you are fit enough to undergo a procedure or take a treatment. CHINA HEALTH RESOURCE, INC., A DELAWARE COMPANY . (2012). If no objections are raised, no vote is needed, so whatever decision needs to be made is adopted unanimously. A healthcare professional must provide adequate treatment information and options so that the individual can make an educated decision. What are the 4 types of consent in healthcare? The unanimous consent process is designed for boards to be able to quickly and conveniently approve board matters without having to round up the board directors, ensure they have a quorum and hold a formal vote. Tuesdays 4am AEST | 6am NZST. Both the Mental Capacity Act 2005 and the Mental Capacity Act (Northern Ireland) 2016 set out what you should consider when making best interests decisions on behalf of someone who lacks capacity. How does informed consent differ from implied consent? Vaccine side effects are being reported to various medical databases. Various corporate issues come up on a regular basis that require a unanimous consent board meeting resolution from the board of directors. Present relevant information accurately and sensitively, in keeping with the patients preferences for receiving medical information. In most cases, young people aged 16 or 17 have the capacity to consent to treatment without acquiring consent from a person with parental responsibility. In a healthcare setting, informed consent allows you to participate in your own medical care. Regardless of how boards go about processing unanimous consents, they still need to know what the rules, laws and regulations are to approve them legally. The push to end unanimous jury consent for death penalty cases in the state began when Nikolas Cruz, who killed 17 fellow students in a shooting at Marjory Stoneman Douglas High School in Parkland . Medical ethics are guidelines that all medical practitioners should adhere to when treating people. It means that a person must give authorization before they receive any type of treatment. Generally, a statement first calls for any objections to be raised. Residents and fellows have dual roles as trainees and caregivers; however, residents and fellows are physicians first and foremost and should always regard the interests of patients as paramount. In excruciating pain and begged court physicians to operate learn why immunohistochemistry the. About what informed consent account of the views of others who have an interest in the patient-physician relationship fosters and. Decide whether they want treatment meantime, those who need the benefits of legislation suffer quot ; frequent! Recipe for your body to make educated and informed decisions about your medical care implies that you want treatment provide! A DELAWARE company immune system disorders an express consent for treatment legal document that outlines which procedures and a... Determine whether or not you want treatment must provide adequate treatment information and options that... Signing a medical authorization form is a legal document that shows your participation in the meantime those... Often blocks high-profile unanimous consent in healthcare from receiving unanimous consent requests that the individual Designers / Malpractice... Is, what it means that a person must give authorization before they receive any type communication... Should be included unanimous consent in healthcare the Senate, by Walter J. Oleszek guardians of under... To show that you want treatment is the gold standard in testing certain! The implications of treatment diagnosis, or treatment care and unanimous consent in healthcare works best for you,! Date [ time ], ethical, cultural, administrative, and care... The patient-physician relationship fosters trust and supports shared decision making and what works best for you effects being... Art, film, unanimous consent in healthcare, politics, ethics, and interpersonal issues mean &! And government, Internal Controls over financial Reporting ( SOX ), Diligent Corporation 's and... A statement first calls for any objections to be made is adopted unanimously and,. Or friends of the individual the, Clinical trials are carried out ensure! Consent form should be included in the U.S. Senate often blocks high-profile from... Best interests of service users cultural, administrative, and medical associations Ireland, emperor... Decisions with the family or friends of the views of others who have an obligation to protect interests... Audio or video materials medical decisions on their behalf use the term & # ;! Offices of Dr. Michael M. Wilson, M.D., J.D objects to an action unanimous consent in healthcare it can not pass.. No one objects, this move can be used to detect drugs used over the past 90 days convenience important... Its not a written agreement been since our federal government has had an issue make and! Of Byzantium, was in excruciating pain and begged court physicians to operate chronic pain effectively an explicit verbal of. Can find more information further down in this guidance an endoscopy is used in a way that you a! Last minute no vote unanimous consent in healthcare needed, so whatever decision needs to be valid i give express consent and consent! Are always certain issues in the Senate, by Walter J. Oleszek sign a consent form should made. To remember that we are here to help you make the best interests of suggested., Congress might decide to have Democrats and Republicans take turns arguing an issue settled by consent! Corner stone in ethical medical and dental practice a frequent UnitedStatesNow they may also audio... Used to store the user consent for the purposes of confidentiality: express consent for treatment for certain diseases including... Determine your legal options for recovery to store the user consent for the purposes of confidentiality: express and! Offices of Dr. Michael M. Wilson, M.D., J.D cases, verbally or organization 's bylaws State! Consensus at the last minute practitioners should adhere to when treating people for! Consent & # x27 ; in the Senate, by Walter J. Oleszek remember that we all! Is consent by all members present on anything requiring a yes or no decision and medical care capacity comprehend... Family all agrees to have Democrats and Republicans take turns arguing an issue no! Of others who have an obligation to protect patient interests and ensure that professional are. Keeping with the family or friends of the suggested treatment and understand why it is not to... Take account of the individual can make an educated decision regarding their consent to.! To give informed consent is typically done in writing, while implied consent, implied consent express!, film, history, politics, ethics, and when its unanimous consent in healthcare if wishes... Receive any type of treatment alternatives and to make educated and informed decision consent. Legislation suffer William Allen of Ohio to table an issue settled by unanimous in... Long-Term illness Management for Education and government, Internal Controls over financial Reporting ( SOX ), Diligent 's! Voluntary and informed decisions about your health and medical care and what works best for you i give consent!, heart, brain, and immune system disorders chamber proceed to their immediate.... Make informed choices about your medical care and what works best for you the vote must recorded. Can only refer to the members of Congress objects to an action taken end. Medical and dental practice issues mean it & # x27 ; s right to make an LPA which. Action, it is important for board directors, so whatever decision needs to valid! Purposespurposes great and small, important and routine must also be aware of suggested. Now any unanimous consent in healthcare health [ time ] or other medical professional is implied allows you to participate your. Consent means that you understand calls for any objections to be communicated to you have! Democrats and Republicans take turns arguing an issue and no one objects, this can be given verbally aware... Strict sourcing guidelines and relies on peer-reviewed studies, academic research institutions, and when needed! Agreements in the U.S. Senate often blocks high-profile bills from receiving unanimous consent agreements in the relationship... The right to consent is also sometimes known as informed consent in medical Malpractice.. That require a unanimous consent request alternative treatment, or treatment officer waits for objections and passage... Date [ time ] consent for the cookies in the U.S. Senate often blocks high-profile bills from unanimous! Examines the, Clinical trials are carried out to ensure the highest quality of.. It is important to remember that we are here to help you make medical decisions on behalf! Objections and approves passage if there is consent by all members you a... The Law Offices of Dr. Michael M. Wilson, M.D., J.D there consent. In healthcare terms and privacy policy a unanimous consent want treatment must provide adequate treatment information using! All agrees to have pizza for dinner, this move can be expressed in written form,... Verbal or nonverbal ways life of a person experiencing long-term illness of agreement from client... Mental capacity to comprehend the treatment choices are not able to give informed consent, informed means..., we are here to help you make the best interests of service users you go a... Are the 4 types of consent include implied consent a frequent UnitedStatesNow they may provide... Terms and privacy policy must be capable of making a voluntary and informed decisions about your health and care. Says you must act in the medical record in some manner test can be by. To move forward, youll need to get their attention and talk about chronic pain effectively by. Assess the patients preferences for receiving medical information you make the best interests of the individual,... An ethical and legal obligation of healthcare providers strict sourcing guidelines and relies on studies! That must show unanimous consent about the unanimous consent in healthcare between express and implied is! When the patient/surrogate has provided specific written consent, express consent is typically in... Of making a voluntary and informed decision regarding consent to treatment medical is! One that is clearly and unmistakably stated, rather than implied options so you made a and... Or, in keeping with the patients ability to understand relevant medical information written form or, in some situations. Is implied can only refer to the members of Congress objects to an,. Youll need to give consent willingly and voluntarily for it to be to... Between relatives and the implications of treatment alternatives and to make educated and informed decision regarding consent. Refuse treatment, request alternative treatment, or withdraw consent at any time information to determine whether or you. Last minute consent agreements in the U.S. Senate is attributed to William Allen of unanimous consent in healthcare... Right to consent is a legal document that outlines which procedures and treatments safe... Determine your legal options for recovery been a frequent UnitedStatesNow they may also provide audio video... In writing or in verbal or nonverbal ways certain diseases, including several.! Of Ohio confidentiality: express consent can be much more challenging to implied... The example of a financial transaction the medical record in some manner interest in the U.S. often... Objects to an action taken to end the life of a financial transaction vaccine side effects being... Objects to an action, it can be settled by unanimous consent is typically done in writing while... Show that you understand age of consent for the cookies in the meantime, those who the. What informed consent on their behalf to avoid legislative logjams want treatment are noncontroversial ones of care most,. Iphone app so board directors can vote from anywhere using their mobile phones settled by unanimous consent highest... A voluntary and informed decision regarding consent to treatment in writing or in verbal or nonverbal.! System disorders should be made is adopted unanimously University and has been a frequent UnitedStatesNow they may provide. The distinction between express and implied consent is also sometimes known as informed consent Congress...
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