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Federal Register / Vol. 70, No.

6 / Monday, January 10, 2005 / Notices 1721

Section 1116 of the Social Security Act (42 Reporting, as mandated in Section 17 of Dated: December 30, 2004.
U.S.C. 1316); 42 CFR 430.18. the Best Pharmaceuticals for Children William K. Hubbard,
(Catalog of Federal Domestic Assistance Act (BPCA), for LOTENSIN (benazepril), Associate Commissioner for Policy and
Program No. 13.714, Medicaid Assistance BREVIBLOC (esmolol), MALARONE Planning.
Program) (atovaquone/proguanil), VIRACEPT [FR Doc. 05–382 Filed 1–7–05; 8:45 am]
Dated: January 5, 2005. (nelfinavir), XENICAL (orlistat), and BILLING CODE 4160–01–S

Mark B. McClellan,
GLUCOVANCE (glyburide/metformin).
The committee will also be asked to
Administrator, Centers for Medicare &
advise the agency on how to improve DEPARTMENT OF HEALTH AND
Medicaid Services.
the process and content of the adverse HUMAN SERVICES
[FR Doc. 05–445 Filed 1–7–05; 8:45 am]
event reviews and reporting as
BILLING CODE 4120–03–P
mandated by BPCA. Food and Drug Administration
On Tuesday, February 15, 2005, the [Docket No. 2000P–1378]
DEPARTMENT OF HEALTH AND committee will discuss risk evaluation,
labeling, risk communication, and Guidance for Industry: Labeling for
HUMAN SERVICES
dissemination of information on Topically Applied Cosmetic Products
Food and Drug Administration potential cancer risk among pediatric Containing Alpha Hydroxy Acids as
patients treated for atopic dermatitis Ingredients; Availability
Pediatric Advisory Committee; Notice with topical dermatological AGENCY: Food and Drug Administration,
of Meeting immunosuppressants. HHS.
AGENCY: Food and Drug Administration, The background material will become ACTION: Notice.
HHS. available no later than the day before
ACTION: Notice. the meeting and will be posted under SUMMARY: The Food and Drug
the Pediatric Advisory Committee (PAC) Administration (FDA) is announcing the
This notice announces a forthcoming docket Web site at http://www.fda.gov/ availability of a guidance document
meeting of a public advisory committee ohrms/dockets/ac/acmenu.htm (click on entitled ‘‘Guidance for Industry:
of the Food and Drug Administration the year 2005 and scroll down to PAC Labeling for Topically Applied
(FDA). The meeting will be open to the meetings). Cosmetic Products Containing Alpha
public. Hydroxy Acids as Ingredients.’’ The
Name of Committee: Pediatric Procedure: Interested persons may
present data, information, or views, guidance recommends content for a
Advisory Committee. labeling statement for cosmetic products
General Function of the Committee: orally or in writing, on issues pending
before the committee. Written containing alpha hydroxy acids (AHAs)
To provide advice and as ingredients. This action was
recommendations to the agency on submissions may be made to the contact
person by February 7, 2005. Oral prompted by a citizen petition filed by
FDA’s regulatory issues. The committee the Cosmetic, Toiletry, and Fragrance
also advises and makes presentations from the public will be
scheduled on Monday, February 14, Association, which requested that FDA
recommendations to the Secretary of issue a regulation establishing labeling
Health and Human Services under 45 2005, between approximately 4 p.m.
and 4:30 p.m. and on Tuesday, February requirements relating to sun protection
CFR 46.407 on research involving with use of cosmetic products
children as subjects that is conducted or 15, 2005, between approximately 12
noon and 12:30 p.m. Time allotted for containing AHAs.
supported by the Department of Health DATES: You may submit written or
and Human Services, when that each presentation may be limited. Those
desiring to make formal oral electronic comments on the guidance
research is also regulated by FDA. document at any time.
Date and Time: The meeting will be presentations should notify the contact
held on February 14, 2005, from 2 p.m. person by February 7, 2005, and submit ADDRESSES: Submit written requests for
to 6 p.m. and on February 15, 2005, a brief statement of the general nature of single copies of the guidance document
from 8 a.m. to 4:30 p.m. the evidence or arguments they wish to to the Office of Cosmetics and Colors,
Location: Center for Drug Evaluation present, the names and addresses of Center for Food Safety and Applied
and Research Advisory Committee proposed participants, and an Nutrition (HFS–100), Food and Drug
Conference Room, rm. 1066, 5630 indication of the approximate time Administration, 5100 Paint Branch
Fishers Lane, Rockville, MD. requested to make their presentation. Pkwy., College Park, MD 20740–3835.
Contact Person: Jan N. Johannessen, Include a self-addressed adhesive label
Persons attending FDA’s advisory to assist that office in processing your
Office of Science and Health committee meetings are advised that the
Coordination of the Office of the request or include a fax number to
agency is not responsible for providing which the guidance document may be
Commissioner (HF–33), Food and Drug access to electrical outlets.
Administration, 5600 Fishers Lane, (for sent.
express delivery, rm. 14C–06) Rockville, FDA welcomes the attendance of the Submit written comments on the
MD 20857, 301–827–6687, e-mail: public at its advisory committee guidance document to the Division of
jjohannessen@fda.gov, or FDA Advisory meetings and will make every effort to Dockets Management (HFA–305), 5630
Committee Information Line, 1–800– accommodate persons with physical Fishers Lane, rm. 1061, Rockville, MD
741–8138 (301–443–0572 in the disabilities or special needs. If you 20852. Submit electronic comments to
Washington, DC area), code require special accommodations due to http://www.fda.gov/dockets/ecomments.
8732310001. Please call the Information a disability, please notify Jan See the SUPPLEMENTARY INFORMATION
Line for up-to-date information on this Johannessen at least 7 days in advance section for electronic access to the
meeting. of the meeting. guidance document.
Agenda: On Monday, February 14, Notice of this meeting is given under FOR FURTHER INFORMATION CONTACT: Julie
2005, the committee will discuss an the Federal Advisory Committee Act (5 N. Barrows, Center for Food Safety and
agency report on Adverse Event U.S.C. app. 2). Applied Nutrition (HFS–125), Food and

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1722 Federal Register / Vol. 70, No. 6 / Monday, January 10, 2005 / Notices

Drug Administration, 5100 Paint Branch any cosmetic product may be absorbed presence of the ‘‘Sunburn Alert’’
Pkwy., College Park, MD 20740–3835, by the skin to some extent, depending labeling statement could be confusing to
301–436–1344. on product formulation, pH, and contact consumers because the ingredient label
SUPPLEMENTARY INFORMATION: time (Refs. 1 and 2). The studies would not declare the presence of an
measured absorption of glycolic acid, AHA. Therefore, FDA has modified the
I. Background lactic acid, and other AHAs by human guidance to state that the agency’s
FDA is announcing the availability of skin at pH 3 and pH 7 using various recommendation for the AHA labeling
a guidance document entitled product formulations. Although much statement does not apply to products in
‘‘Guidance for Industry: Labeling for greater absorption was observed at pH 3, which an AHA is present as an
Topically Applied Cosmetic Products substantial absorption was observed at incidental ingredient, as defined in
Containing Alpha Hydroxy Acids as pH 7. FDA has not modified the § 701.3(l).
Ingredients.’’ guidance in response to these Three comments noted that AHA
On December 2, 2002 (67 FR 71577), comments. ingredients are used in a wide range of
FDA announced the availability of the Three comments requested that FDA products as pH adjusters, chelating
draft version of this guidance document provide an exemption from the AHA agents, fragrance ingredients,
in the Federal Register. labeling statement for cosmetic products humectants, and skin conditioning
containing low concentrations of AHAs. agents and asserted that AHAs present
II. Comments on Draft Guidance
One comment suggested that products in a product for these uses could not be
FDA has evaluated the seven containing AHA ingredients at reasonably anticipated to cause
comments received in response to the concentrations of 1 percent or less increased susceptibility to sunburn. An
draft guidance recommending ‘‘Sunburn should be exempted. The comments did example given was citric acid. Two of
Alert’’ labeling on cosmetic products not provide any data to support their the comments requested that the
that contain AHAs as ingredients. request. guidance apply only to AHA-containing
One comment from a nurse’s The evidence reviewed so far by FDA cosmetic products used on areas of the
association fully supported the AHA suggests that topical application of a body normally susceptible to sunburn.
labeling statement. The comment stated cosmetic product containing an AHA as The comments addressed a range of
that the inclusion of the ‘‘Sunburn an ingredient at any concentration may intended uses for AHAs in cosmetic
Alert’’ on skin care products containing increase skin sensitivity to the sun and products, as well as identified many
AHAs is an important step in the possibility of sunburn. FDA different types of products that contain
empowering health providers and analyzed approximately 100 cosmetic AHAs as ingredients, but did not
consumers with valuable information products containing AHAs as provide data to support their request.
about how to protect their skin while ingredients and found concentrations of The percutaneous absorption studies
using these products. AHAs ranging from 0.01 percent to 67 discussed previously suggest that
Three comments stated that the percent (Ref. 3). Most of the analyzed topically applied AHAs in any cosmetic
guidance should apply only to products products with very low levels of some product, regardless of intended use, may
intended to function as an exfoliant. For AHAs also contained higher levels of be absorbed by the skin, including the
example, the comments suggested that other AHAs. One product for which skin on the scalp or under the arms. The
the guidance should not apply to FDA received five adverse experience draft guidance did not address the
products containing citric acid when it reports (e.g., skin irritation, burning) possibility of unintentional topical
is used for adjusting the hydrogen-ion contained only 0.3 percent a- application of AHAs to parts of the skin
concentration (pH) in shampoos and hydroxydecanoic acid and 0.4 percent or mucous membrane that are exposed
other products. a-hydroxyoctanoic acid, for a total of 0.7 to the sun. Therefore, FDA has modified
Limiting the recommended labeling percent AHAs, suggesting that AHAs the guidance to state that FDA
statement to products with exfoliation may be associated with adverse recommends ‘‘Sunburn Alert’’ labeling
claims may leave out products that FDA reactions even at these low for cosmetic products that contain an
believes should bear the labeling concentrations. FDA has not modified AHA as an ingredient and that are
statement. FDA’s surveys indicated that the guidance in response to these intended for application to areas of the
approximately half of the products on comments. body that may result in unintentional
the market that contain an AHA as an FDA recognizes that an AHA can be application to the skin or mucous
ingredient have an intended use as an present in a cosmetic product as an membrane that are exposed to the sun.
exfoliant, as determined by the presence incidental ingredient. As defined in FDA recognizes that AHAs can be
of exfoliant claims in the product § 701.3(l) (21 CFR 701.3(l)), incidental present in cosmetic products that are
labeling. Even some salon products ingredients are ingredients that are applied to areas of the body that are not
containing high levels of AHAs did not present in a cosmetic at insignificant sun exposed. Such products include
contain exfoliation claims in the levels and that have no technical or mouthwashes, breath fresheners, and
labeling. FDA has no data suggesting functional effect in the cosmetic. douches. Therefore, FDA has modified
that citric acid has less of an effect on Incidental ingredients are not required the guidance to state that the guidance
the skin than glycolic acid or lactic acid, to be declared in the ingredient lists on does not apply to cosmetic products that
the predominant AHAs present in cosmetic labels. Therefore, if an AHA contain an AHA as an ingredient and
cosmetic products, regardless of its were used only as an incidental that are intended for application to non-
intended use. FDA has not modified the ingredient in a cosmetic product, its sun exposed areas of the body.
guidance in response to these presence would not require declaration Three comments recommended
comments. on the label. The agency finds that modified labeling statements for AHA-
Two comments requested that FDA providing for a ‘‘Sunburn Alert’’ containing products that also contain a
provide an exemption from the AHA labeling statement on a cosmetic sunscreen. The comments stated that
labeling statement for products that product in which the only use of an the AHA labeling statement may not be
exceed an appropriately high pH level. AHA was as an incidental ingredient appropriate for products containing
Percutaneous absorption studies would have very limited utility in sunscreens and may be confusing to
suggest that topically applied AHAs in protecting the consumer. Moreover, the consumers. One comment suggested

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Federal Register / Vol. 70, No. 6 / Monday, January 10, 2005 / Notices 1723

that inclusion of a sunscreen at an clothing’’ to the list of actions that may and when application is accompanied by
appropriate level might serve as a basis be taken to reduce the possibility of directions for the daily use of sun protection.
for not recommending the AHA labeling sunburn when using cosmetic products * * *
statement. Two comments proposed that that contain an AHA as an ingredient. FDA reviewed the study submitted in
the AHA labeling statement for products FDA recognizes that there is limited the second comment and determined
containing a sunscreen should be labeling space on cosmetic products that the study used less sensitive
shortened to address only the need to packaged in small containers and has methods than did the studies reviewed
use a sunscreen for 7 days after use of modified the guidance to clarify that it for the guidance (Ref. 5). For example,
the AHA product is discontinued. recommends that the AHA labeling the study reported that exposure of
When an AHA is present in a product statement appear prominently and control sites (i.e., sites without topical
that is labeled to contain a sunscreen, conspicuously once in the labeling of a treatment with AHA-containing test
that product meets the definition of a cosmetic product. samples) to 1 minimal erythema dose
drug-cosmetic. Such products must One comment recommended that a (MED) of UV radiation resulted in
comply with the requirements for drugs ‘‘Sunburn Alert’’ labeling statement be sunburn cell formation in only 4 out of
and cosmetics, including applicable extended to products containing poly 18 subjects. However, in the studies that
over-the-counter sunscreen drug hydroxy acid and/or beta hydroxy acid. FDA reviewed for the guidance and that
product regulations. FDA has modified The comment noted that these used sunburn cell formation as an
the guidance to state that the compounds are exfoliants with the same indicator of UV radiation-induced
recommended AHA labeling statement increased skin sensitivity concern as damage, exposure of control sites to 1
does not apply to drug-cosmetic that for AHAs. The comment did not MED of UV radiation resulted in
products that contain an AHA as an define the term ‘‘poly hydroxy acid’’ sunburn cell formation in 71 out of 72
ingredient and also are labeled to and did not provide data to support its subjects. (The MED is the minimum
contain a sunscreen for sunburn recommendation to extend a ‘‘Sunburn level of UV radiation needed to cause
protection. FDA intends to address Alert’’ labeling statement to products skin redness and has to be measured for
labeling for such products in a future containing poly hydroxy acid and/or each subject.)
document. beta hydroxy acid. FDA does not have FDA has modified the guidance to
Three comments requested changes to data on the effect of topical use of these state that it may be possible in the
FDA’s recommended AHA labeling compounds on the skin. Therefore, FDA future to formulate a cosmetic product
statement. Two comments urged FDA to finds that there is currently no basis to that contains an AHA as an ingredient
reconsider identifying AHAs in the recommend that the ‘‘Sunburn Alert’’ and that does not increase the
labeling statement because the presence statement appear in the labeling of sensitivity of skin to the sun. However,
of an AHA ingredient does not always cosmetics that contain the compounds FDA is not aware of the current
result in increased sun sensitivity or discussed in this comment. FDA has not existence of such a product.
likelihood of sunburn. Another Based on evidence reviewed so far,
modified the guidance in response to
comment stated that FDA’s AHA FDA concludes that topically applied
this comment.
labeling statement is quite long, Finally, two comments on the draft cosmetic products containing AHAs as
especially for labeling cosmetic guidance requested that FDA provide an ingredients may increase skin
products packaged in small containers. exemption from the AHA labeling sensitivity to the sun while the products
The comment submitted a statement statement for properly formulated are used and for up to a week after use
that is about three-fourths the length of cosmetic products when the is stopped, and that this increased skin
FDA’s recommended statement. manufacturer or distributor has sensitivity to the sun may increase the
In the AHA guidance, FDA discusses competent and reliable scientific possibility of sunburn. FDA does not
research on effective labeling evidence demonstrating that the product know the extent of consumer awareness
statements. The research suggests that containing an AHA at any level of of the potential for increased skin
an effective labeling statement would concentration and pH does not increase sensitivity to the sun from the topical
begin with a signal phrase, identify the sun sensitivity or the likelihood of use of AHA-containing cosmetic
subject of the statement, identify the sunburn. To support its contention, one products. The agency is publishing this
consequences of not heeding the comment provided documentation of a guidance to help assure consumer
statement, and provide instructions on awareness of this potential and to
study of the effects of ultraviolet (UV)
what to do (or not do) to avoid these educate manufacturers to help ensure
radiation on skin pre-treated with lactic
consequences. Removal of any of these that their labeling is not false or
acid.
elements may significantly decrease the In its report (Ref. 4), published in misleading.
effectiveness of the statement. 1998, the Cosmetic Ingredient Review Publication of this guidance is an
Therefore, FDA finds that all of the (CIR) Expert Panel reported the interim measure while FDA continues
recommendations in the ‘‘Sunburn following conclusion: to review the data on the effects of
Alert’’ are important components of Based on the available information AHA-containing products on skin
information for an AHA labeling included in this report, the CIR Expert Panel sensitivity to UV radiation, including a
statement. concludes that Glycolic and Lactic Acid, photocarcinogenicity study by the
FDA’s current thinking on sun their common salts and their simple esters, National Toxicology Program’s Center
protection is that a total program to are safe for use in cosmetic products at for Phototoxicology and recent studies
reduce harmful effects from the sun concentrations ≤10 percent, at final published in peer-reviewed journals.
would include limiting sun exposure, formulation pH ≥3.5, when formulated to FDA invites comments to continue to
wearing protective clothing, and using avoid increasing sun sensitivity or when inform FDA of new studies when they
sunscreens. Therefore, in accordance directions for use include the daily use of
sun protection. These ingredients are safe for
become available.
with this current thinking on sun use in salon products at concentrations ≤30
FDA is issuing this guidance as a level
protection, the agency has modified the percent, at final formulation pH ≥3.0, in 1 guidance consistent with FDA’s good
‘‘Sunburn Alert’’ labeling statement that products designed for brief, discontinuous guidance practices regulation (21 CFR
we recommended in our draft guidance use followed by thorough rinsing from the 10.115). This guidance represents the
to add the words ‘‘wear protective skin, when applied by trained professionals, agency’s current thinking on the

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1724 Federal Register / Vol. 70, No. 6 / Monday, January 10, 2005 / Notices

labeling of topically applied cosmetic Effects of Repetitive Cutaneous Application Management and Budget (OMB). The
products that contain an AHA as an of Test Materials Containing Alpha Hydroxy New System of Records will be effective
ingredient. It does not create or confer Acid on the Sensitivity of Skin to Ultraviolet 40 days from the date submitted to OMB
any rights for or on any person and does (UV) Light,’’ July 1, 2003. unless HRSA receives comments that
not operate to bind FDA or the public. Dated: December 29, 2004. would result in a contrary
An alternative approach may be used if Jeffrey Shuren, determination.
the approach satisfies the requirements Assistant Commissioner for Policy. ADDRESSES: Please address comments to
of applicable statutes and regulations. [FR Doc. 05–381 Filed 1–7–05; 8:45 am] Health Resources and Services
III. Comments on Guidance BILLING CODE 4160–01–S Administration (HRSA) Privacy Act
Officer, 5600 Fishers Lane, Room 14A–
Interested persons may submit to the 20, Rockville, Maryland 20857;
Division of Dockets Management (see DEPARTMENT OF HEALTH AND telephone (301) 443–3780. This is not a
ADDRESSES) written or electronic HUMAN SERVICES toll-free number. Comments received
comments regarding this document. will be available for inspection at this
Submit a single copy of electronic Health Resources and Services same address from 9 a.m. to 3 p.m.,
comments or two paper copies of any Administration Monday through Friday.
mailed comments, except that FOR FURTHER INFORMATION CONTACT:
individuals may submit one paper copy. Privacy Act of 1974; New System of
Records Associate Administrator, Bureau of
Comments are to be identified with the Health Professions, Health Resources
docket number found in brackets in the AGENCY: Health Resources and Services and Services Administration (HRSA),
heading of this document. The guidance Administration, DHHS. 5600 Fishers Lane, Room 8–05,
and received comments may be seen in Rockville, Maryland 20857; telephone
ACTION: Notification of a new system of
the Division of Dockets Management (301) 443–5794. This is not a toll-free
records.
between 9 a.m. and 4 p.m., Monday number.
through Friday. SUMMARY: In accordance with the
SUPPLEMENTARY INFORMATION: The
IV. Electronic Access requirements of the Privacy Act, the
Health Resources and Services
Health Resources and Services
Copies of this guidance also are Administration (HRSA) proposes to
Administration (HRSA) is publishing
available on the Internet at http://www/ establish a new system of records:
notice of a proposal to add a new system
cfsan.fda.gov/~dms/guidance.html. ‘‘State-Provided Physician Records for
of records. The new system of records, the Application Submission &
V. References ‘‘State-Provided Physician Records for Processing System, SDB, BHPr, HRSA.’’
the Application Submission & The new system of records, ‘‘State-
The following references have been
Processing System, SDB, BHPr, HRSA,’’ Provided Physician Records for the
placed on display in the Division of
will cover health care practitioners who Application Submission & Processing
Dockets Management (see ADDRESSES)
are the subjects of databases collected System, SDB, BHPr, HRSA,’’ will cover
and may be seen by interested persons
and maintained by State Primary Care health care practitioners who are the
between 9 a.m. and 4 p.m., Monday
Offices/Associations. Such health care subjects of databases collected and
through Friday.
1. Sah, A., S. Mukherjee and R. R. Wickett,
practitioners include physicians (both maintained by State Primary Care
‘‘An In Vitro Study of the Effects of M.D.s and D.O.s), licensed or otherwise Offices/Associations. Such health care
Formulation Variables and Product Structure authorized by a State to provide health practitioners include physicians (both
on Percutaneous Absorption of Lactic Acid,’’ care services. This system of records is M.D.s and D.O.s), licensed or otherwise
Journal of Cosmetic Science, vol. 49, pp. required to comply with the authorized by a State to provide health
257–273, 1998. implementation directives of the Act, care services. The records will be used
2. Kraeling, M. E. K. and R. L. Bronaugh, Public Law 108–20. The records will be
‘‘In Vitro Percutaneous Absorption of Alpha
to support the Application Submission
used to support the Application and Processing System electronic
Hydroxy Acids in Human Skin,’’ Journal of Submission and Processing System
the Society of Cosmetic Chemists, vol. 48, pp. application for the development,
187–197, 1997.
electronic application for the submission, and review of applications
3. Yates, R. L. and D. C. Havery, development, submission, and review of for HPSAs and MUPs. The most critical
‘‘Determination of Phenol, Resorcinol, applications for HPSAs and MUPs. The requirement for accurate designation
Salicylic Acid and a-Hydroxy Acids in most critical requirement for accurate determinations is reliable data on the
Cosmetic Products and Salon Preparations,’’ designation determinations is accurate location of primary care providers
Journal of Cosmetic Science, vol. 50, pp. data on the location of primary care relative to the population. To this end,
315–325, 1999. providers relative to the population. To SDB continually tries to obtain the latest
4. Andersen, F. A., ed., ‘‘Final Report on this end, SDB continually tries to obtain
the Safety Assessment of Glycolic Acid,
data on primary care providers and their
the latest data on primary care providers practice location(s) at the lowest
Ammonium, Calcium, Potassium, and
Sodium Glycolates, Methyl, Ethyl, Propyl,
and their practice location(s) at the geographical level possible for use in
and Butyl Glycolates, and Lactic Acid, lowest geographical level possible for the designation process, with the
Ammonium, Calcium, Potassium, Sodium, use in the designation process, with the objective of minimizing the level of
and TEA-Lactates, Methyl, Ethyl, Isopropyl, objective of minimizing the level of effort required on the part of States and
and Butyl Lactates, and Lauryl, Myristyl, and effort required on the part of States and communities seeking designations. The
Cetyl Lactates,’’ International Journal of communities seeking designations. system will include records that show a
Toxicology, vol. 17, supplement 1, pp. 1–241, DATES: HRSA invites interested parties value for each of the following fields for
1998. to submit comments on the proposed all of the physicians that are included
5. Wamer, W., Office of Cosmetics and
Colors, CFSAN, Review of Documents from
New System of Records on or before in each States’ database: Provider ID
Access Business Group: Aupperlee, D., et al., February 22, 2005. As of the date of the (System-Assigned); Provider Type;
‘‘The Effects of UV Light on Skin Pre-Treated publication of this Notice, HRSA has Provider Status; First Name; Middle
With Alpha Hydroxy Acid Moisturizers,’’ sent a Report of New System of Records Name; Last Name; Suffix; Physician
and Thomas J. Stevens and Associates, ‘‘The to Congress and to the Office of License Number; Specialty Code; Visa

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