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Posts Tagged ‘Risk’

California Registered Nurses With Out-of-State Disciplinary Records at Risk of License Revocation

A recent newspaper exposé of California-licensed nurses who have been disciplined for professional misconduct in other states has resulted in a California-wide effort to revoke all of those nurses’ California licenses. So committed is California’s Governor to this agenda, that he recently fired the head administrator and replaced all of the members of the Board of Registered Nursing. The new appointees have been given their marching orders, and more than 2,000 Registered Nurses are slated for license revocation on the basis of prior conduct in other states. It seems clear that Licensed Vocational Nurses will face similar issues soon.

Obviously, some nurses should not be practicing anywhere. But California apparently assumes that all nurses with license issues in other states should also be barred here. And nurses who are now on California’s hit-list might assume that loss of their California licenses is inevitable. Neither of these assumptions is supported by logic or law.

License Discipline and Revocation in California

A nursing license-RN or LVN-once earned, is the property of the nurse. And, like any other property, such as real estate (think foreclosure) or money (think of fines imposed by courts), the nursing license cannot be taken away (revoked), even for a short time (suspension), and cannot be diminished or restricted in any way (probationary conditions) without two things: good cause and due process.

There is a vast body of law as to what constitutes good cause. But here’s the take-away you need to remember: the mere fact that in the past some other state revoked or disciplined a nursing license issued by that state does not, by itself, constitute good cause for California to discipline a current California nursing license.

As for due process, that means that California cannot simply unilaterally revoke or discipline the license based on what State officials believe to be good cause. Instead, California must first notify the nurse of the State’s intention to discipline or revoke the license. Then the State must offer the nurse an opportunity to deny that the license should be disciplined, and an opportunity to demonstrate why. The demonstration of why the license should not be disciplined takes place at an administrative hearing where the nurse’s advocate can challenge all or any of the State’s reasons and evidence in front of an impartial administrative law judge.

Also at the hearing, the nurse’s advocate will introduce evidence that the nurse is competent and that there presently exists no reason to deny the right to practice nursing in California. The judge will give due consideration to the evidence put before him or her and issue (1) findings of fact that explain what evidence the judge finds credible, (2) conclusions of law that explain what laws the judge thinks apply to the case, and (3) a proposed decision. The proposed decision is then forwarded to the Board for action, and the nurse and the nurse’s advocate can appear before the Board to argue in favor of or in opposition to the Administrative Law Judge’s proposed decision.

Opportunities to Defeat Discipline at the Administrative Hearing

Anyone who is not familiar with the hearing process might not realize that the hearing offers many opportunities to the nurse to avoid or reduce the discipline against the license that is proposed by the State. For example, the records of prior discipline in another state may not be available. Or the out-of-state records may not meet the standards of admissible evidence set forth in the California Evidence Code (California law will apply at the hearing.) The discipline imposed by the prior state may have been based on conduct that is lawful in California. Many procedural defects may exist in the out-of-state disciplinary process.

Many more reasons exist for invalidating or reducing the State’s claims. The out-of-state discipline may have occurred a number of years ago, and the nurse may have current relevant work experience that demonstrates that any previous performance problems have been addressed and resolved. The nurse may have evidence of further professional training since the time of the out-of-state discipline, or the nurse may have completed rehabilitation or received effective counseling. The nurse may be able to demonstrate a new maturity, significant changes based on life experiences (parenthood, military service, successful employment, religious enlightenment) and improvements in professional competence. Any similar facts would be compelling evidence where the State’s only basis to discipline the nursing license is out-of-state prior misconduct.

These are only a few of the more obvious kinds of evidence that may be utilized to defend a nursing license in an administrative hearing. Countless others exist.

The Economics of Defending Against Discipline of the Nursing License

Some nurses (and other professional and occupational licensees) believe that they cannot “afford” to invoke the fair hearing process and defend their license against the State. But consider: what do you earn in a year from nursing? In two years? In three? A license revocation will prohibit re-application for a new license for at least three years and probably longer. You do the math: can you afford not to defend your right to earn your living?

How to Begin to Defend Against Discipline of a California Nursing License

The one certain way to lose your California nursing license on the basis of prior out-of-state professional discipline is to do nothing when you receive a notice of proposed action from the State of California. Do not let this happen to you!

Read the notice. It will give you a very short window of time in which to provide written notice of denial of the charges and your demand for hearing. Do not let this deadline pass! It is critical to submit your denial/demand before the time expires. Then, get a lawyer.

As the State will tell you, you are not required to have an attorney to defend against discipline of an occupational license, or to obtain one after the State has denied the application. But you should. The State will be represented by an experienced and specialized attorney. Because the coming R.N. cases will feature out-of-state records that may be subject to challenge on the basis of California evidentiary standards, these are not the kind of cases where it will be okay if the only party without an attorney is the nurse with everything to lose.

Your nursing license is your asset. It has value: real, quantifiable, actual value. Protect it by exercising of all of the legal rights it carries.

California may be at war with its dual- and multi-state licensed nurses, but you need not be one of the casualties.

Christine McCall is a Partner of License Advocates Law Group, a specialized law firm in Pasadena, California, which represents California occupational licensees, credentialed teachers, and peace officers in defending against professional discipline. License Advocates Law Group also represents applicants who have been denied occupational licenses or credentials by the State of California.

License Advocates Law Group is the only Southern California-based law firm that limits its practice to defending occupational licensees from unwarranted State action.

For more information about the campaign against R.N.’s with prior out-of-state disciplinary records, or any other issue pertaining to obtaining or protecting a California-issued occupational license or credential, visit http://LicenseAdvocates.com/

Article Source:
http://EzineArticles.com/?expert=Christine_McCall

John Buttermore of Nearbrook Motorsports pilots Pedders 2010 5th Gen Camaro to record lap times at Gingerman raceway passing the Z06 Corvette, Dodge Viper and his own CTS-V Qualifying Record lap Time. The Camaro is a technology leader for GM and Pedders. With GMPP Supercar Coilovers, GMPP Sway bars and a full Pedders suspension this is not a street car, this is a race car with street car amenities. Equipment Includes: American Racing Headers, Bridgestone RE-11 Tires, Forgeline Racing Wheels, Cadillac CTS-V Brakes, Quick Time Performance Cut Outs, ProCharger Stage II Blower, Cobalt Friction Brake Pads, Custom Paint Work and Set Up by Witt Buick. It runs faster than a Z06 and is faster than a CTS-V race car.
Video Rating: 5 / 5

Question by Ryley J: Can I take a suspension off my record?
Alright so here’s what i did to get myself suspended for 2 days. I’m in 8th grade in Middle School and I was hiding my phone in my binder while i was taping. It was totally covered but by about a inch were the camera was on my phone. I was recording class because every day our Spanish teacher has to yell at as or something to that extent because we never pay attention. So I recorded it to watch it over at home. It was a 14min. clip and about 6 or 7 people roughly knew that I was recording. So while I was recording a kid(shane) got the bright idea to throw a piece of clay at the teacher. We did NOT plan this and he didn’t even know i was taping our teacher. He was aware of me recording but not that i was recording the teacher. In the video I do say I might put it on youtube because i thought it might be a cool thing to do. I said that after he threw the claw. I also made a comment saying”every kid wants to throw something at there teacher.” I’m still now sure why they suspended me. But the principal and some other people met and talked for 3 days about my suspension and finally came up with that it was a violation act of privacy. My mom and dad are on my side and my mom thinks they harassed me. She would like to take legal action. I am aware that i should’ve been punished but not to that extent. If anyone has any experience in school law please give me some advice or websites possibly. And can I take it off my record? Also about 2 days after I was suspended I was in a class where a kid full blown punched a kid in the FACE! And got suspended for 2 DAYS!!
THANKS
Gordon yes I know it’s illegal. But what if we had no common knowledge. You can go around and record anywhere else and no one’s gonna give a dam. And yes u dofus I know I can’t sue but my mom wants to

Best answer:

Answer by Gordon
Lol, you can’t tape people without their permission. It’s illegal. You can get suspended and there’s nothing you can do about it.

Also, there is no effect an eighth grade suspension will have on your life. Let’s get serious here. Do you think that when you apply to become, whatever you want to become, and you’re 24 with a university degree that your potential employer will call your elementary school and someone get them to tell them when you had a suspension (which the schools don’t really keep track of BTW- there is no such thing as a permanent record…) then based on that not hire you?

No, that’s never going to happen. There is no legal action you can take. If you tried to sue you would just be wasting thousands of dollars on a lawyer and then you would get sued yourself for making a false suit. You can’t sue anyway, you’re not an adult.

Know better? Leave your own answer in the comments!
Drug Suspensions a Sobering Blow for Tampa Bay Rays in 2012: Fan's Opinion
This was the shortstop's 2nd drug suspension and missing 50 games does not improve his chances of cracking the majors. While Beckham was contrite, his experiences with drugs sadly reflect a problem within the organization. The record-setting …
Read more on Yahoo! Sports

I hope this helped you guys for everyone who asks how I record. If you still have any questions, leave a comment or send me a message and I’ll try to answer as many as I can. Other than that be sure to leave a like and subscribe for future PC gaming videos =D Ph4TedFuRyExtra Tags: Experience Walkthrough Gametrailers posted a Xbox 360 Dashboard Walkthrough Hacking GamerTag Suspened PayPal Free Xbox Live Generator HALO 3 General Instantly Easy 50 boosting Service free money Recon Armor PS3 Microsoft ELITE Master Chief machinima Call Xbox LIVE sims 2 Dash Board came early beta version cheatsboring program software demo major nelson blog free xbox live codes everydat prizerebel rewards1 hack generated generate online google virus unblock WII E3 2008 New Xbox 360 Dashboard Walkthrough Gametrailers posted penguin a Xbox 360 points coins change Dashboard armor halo 3 skulls Walkthrough E3 2008 New Xbox 360 Dashboard Hacking Club GamerTag Suspened PayPal reconFree Xbox Live Generator HALO 3 General mrwaterfalls Instantly Easy 50 boosting Service GWA Gator360 Supposed cp 1 Wwe Adam free money Recon Armor Master Chief PS3 Microsoft ELITE Master Chief machinima As Xbox 360® readies What is machinima for the next wave of audience gamertag change expansion, Microsoft today announced usa a new Xbox free habbo credits experience that will canada reinvent home entertainment from the inside out, changing the way we play games, watch movies and TV shows, and even become contestants in game
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No Win No Pay No Risk Attorney Lawsuit Loans Provide Law Firms Innovative Financial Solutions

Law firms work long and hard to achieve financial success. Today however a team of professional financial consultants have developed innovative tools to assist law firms achieve even greater financial success via a unique program called “No Win…No Pay…No Risk” Attorney Lawsuit Loans.

With “No Win…No Pay…No Risk” Lawsuit Loans cases are leveraged TODAY that deliver capital as the program unleashes potential future earnings sitting dead in a firms case files. “No Risk” lawsuit loans are secured only by the case themselves as there’s no reimbursement obligation a firm assumes if the case in unsuccessfully litigated. With “No Risk” Attorney Loans, the investors not the firm absorbs 100% of the risk on every case leveraged, period doing such without involvement in the way a firm handles case management.

“It’s really a venture capital investment in a firm’s portfolio explained the founder of 1st Choice Funding, Kari E. Gray when recently interviewed about her companies ingenious approach to capital expansion. Ms. Gray continues, “no entity can run on cash flow deficiencies, and until now, a law firms potential earnings were not considered a liquid asset by lenders and could not be leveraged. However “No Risk” attorney loans provide a firm with its future earnings now vs. months and or even years from now when a case may settle. Accessing future earnings can make the difference in the way a firm is able to grow and expand and increase its future earnings capabilities compared to the current methods used by traditional practices.”

The “No Risk” Attorney Lawsuit Loan approach complies with Bar regulations as successfully leveraged cases may pass on to the client, at the time of settlement, the expenses incurred for the loan in addition to contingent fees as apart of the cost to litigate. Thus the bottom line is: win or loose a case, a firm always wins with “No Risk” Lawsuit Loans because “No Risk” Attorney Loans provide “Risk Free” capital without monthly payments, and this feature keeps a firms cash flow uncompromised. “No Risk” capital provides an effective financial solution to the cash flow inconsistencies practices of all sizes must contend with.

1st Choice Funding’s investment portfolio group has collectively unlimited resources for funding as the company offers the following types of financial solutions;

1. Non Recourse Pre Settlement Funding
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5. Business Loans
6. Mortgage Loans
7. Credit Repair
8. Life Settlements & More
(Please visit 1stchoicefunding.com/professionalindex.html).

Each firm has differing financial needs, but 1st Choice Funding’s objective is to provide the lowest cost investment capital to law firms across the U.S. by this innovative approach. The “No Risk” program also affords plaintiffs with Non Recourse Pre Settlement & Non Recourse Post Settlement Funding as well.
(Please visit 1stchoicefunding.com)

Under the “No Risk” program investors do not ask for statements of personal net worth, indebtedness, or lists of assets as “No Risk” Attorney Funding is secured by the practice’s receivables, not its Partners’ assets. After receiving the application and documents, an outline including funding amount, rate, duration, fees, and other important elements are determined based on risk. Upon funding a contract is provided for signature and a lien is then placed on the case as funds are wired to the Law Practice’s account minus setup fees.

“No Risk” Attorney Lawsuit Case Types Include:

Passenger Injuries

Pedestrian Injury

Personal Injury

General Negligence

Civil Rights

Employment Discrimination Whistleblower (Qui Tam)

Product Liability

Construction Negligence

Class Action Mass Tort

Zyprexa

Asbestos

Pharmaceutical Litigation

Airplane Accidents

Appeals

Commercial Torts

Assaults

Fen-Phen

Commercial Appellate Settlements

Sexual Harassment

Boating Accidents

Tobacco/Smoking

Burn Injuries

Worker’s Compensation

Construction Accidents

Dog Bites

Maritime/Seaman’s Claims

Medical Malpractice

Motorcycle & Bicycle Accidents

Nursing Home Neglect

Premises Liability

Product Liability

Railroad Claims (FELA)

Wrongful Death

Judgments

Structured Settlement

Tractor Trailer Accident

Slip & Fall

Settled Cases

Sulzer Hip

Jones Act

Discrimination Cases

Baycol

Toxic Mold

Wrongful Termination

Commercial Cases

Probate Cases

Select Divorce Cases

Select Canadian Cases

For more information log on to the company’s website at [http://1stchoicefunding.com/professionalindex.html] or request an application by email: attorneyloans@1stchoicefunding.com and leverage the power of pending earnings today!

Kari Gray is a 22 year seasoned financial consultant and president of 1st Choice Funding. Ms. Gray’s financial expertise has assisted clients of all sizes to access capital while reducing overhead. 1st Choice Funding offers other innovative financial services that include loans of all types including a professional management interest rate control program for personnel & business loans that positions the borrower, not the lender with interest rate control. This and other innovative financial services are offered to assist your law firm in maintaining more earnings while lowering the cost of operation. Ms. Gray can be reached direct 417.451.7618 or email kg@1stchoicefunding.com for a consultation on how the company may assist your firm in increasing personnel & business net worth.

Article Source:
http://EzineArticles.com/?expert=Kari_Gray

Transvaginal Mesh Lawyer East Canadian, OK (800) 952-1453 Oklahoma www.verchicklawfirm.com Glenn Verchick is partner and senior trial lawyer in the firm. He exclusively represents plaintiffs in personal injury actions, including medical malpractice, construction site accidents, automobile accidents and general negligence cases. He has obtained several million dollar verdicts for his clients and his success as a trial lawyer is built upon meticulous preparation, well thought out trial strategy and the ability to maintain focus and poise in the heat of battle. The ethical, professional and vigorous representation of his clients in court is his primary concern. He is concerned about the rights of the elderly who reside in nursing homes and rehabilitation centers throughout the state and who, in many instances, do not receive the proper care and attention they deserve and are entitled to by law. He has litigated cases involving he elderly who have sustained preventable falls, wandered or eloped from their facility or have sustained preventable pressure ulcers and bedsores. He is admitted to practice in all the Courts of the State of New York and New Jersey. He is also admitted to Federal Courts in New Jersey and New York. He is the President of the New York State Academy of Trial Lawyers and a member of the Board of Trustees of the Brooklyn Bar Association and the Editor-in Chief of its periodical, The Barrister. He is a member of the Nursing Home Litigation Committee at the
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Question by : canadian lottery board has sent a mail of winnig prize , can i make sure that they are true?
the canadian lottery board from uk announced my lottery and asking for legal attorney agent payment. i am not satisfied with them. plz exlpain what should i do?

Best answer:

Answer by Ooops
Sorry friend but there is no Microsoft, Yahoo or other e-mail lottery, it’s a scam do not answer do not give personal information.The following sites give more information
http://www.snopes.com/
http://www.scambusters.org/
.Also If you go to the following site you will get some info on ID theft www.identity-theft.org.uk the iinternet is safe enough if you are careful but please answer nothing that you are doubtful about.Good Luck and be careful

What do you think? Answer below!
Kerry Kennedy changes attorneys in NY case
The Canadian Auto Workers union says it will focus on reaching an agreement with Ford as negotiations continue with all of Detroit's Big Three automakers with a strike deadline looming Monday night. The Canadian Auto Workers union will focus on …
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The Risk of Resentment

Article by Robert Pardon

I received a comment on one of my blog posts the other day and at first I thought the person might be trying to pull my leg. They seemed to be very bothered by the concept of one day at a time and my being a proponent of it. We traded a few chats and it didn’t take long for me to realize they were serious and went as far as saying that one day at a time and AA had somehow disrupted their sobriety.

For whatever reason this person is angry and lashing out at things in their sobriety likely the same way they did while they were drinking and or using. Although not uncommon, it is a very dangerous path and if it doesn’t lead to relapse it certainly will destroy one’s serenity. I am not opposed to someone disagreeing with me, AA, or any notion I propose.

“Resentment is the number one offender”. This is what AA teaches and I agree one hundred percent. Resentment has been described as anger turned inward. I remember seeing people with unresolved anger become so miserable that eventually they had to drink just to ease the pain. Unfortunately, the person who is carrying the resentment is the only one hurting and more often than not the person one is resentful towards doesn’t even know it.

I am not saying things don’t make me angry and I don’t struggle with this issue. What I am saying is I practice step 10 on a daily basis and “when I am wrong I promptly admit it”. The cases when someone else is wrong I try to understand them as I would want understanding.

Early on in a newcomer’s sobriety we are not sure of what works and what doesn’t so the guidance and direction from a “sponsor” whom we can relate to is a very good source to know what and when of incorporating things and concepts into our life. Later on, as we are able to understand things for ourselves we can pick and choose what works for us.

Not everything that works for me in my recovery is going to work for you and vise versa, but I am so excited that what you are doing is working for you and I thank God every day that what He has led me to do is working for me.

The person I mentioned at the beginning not only disagreed with me, but began to make some assumptions about me, my sobriety and the captive life he thought I was living. He thinks I am living some unhealthy life of captivity to those who would seek to keep me conformed to the oppressive life that Alcoholics Anonymous seems to represent to him.

AA will be the first to say that we are not for everyone nor would we want to be. There are many people who get clean and sober through other methods and that is great. AA does states that everyone can benefit from their approach to change and living.

The bottom line is find something that works for you then do it, stick to it and God bless you as “you trudge the road of happy destiny”.

About the Author

Robert Pardon is the founder of becomingwellnow.com, a website that offers recovery information and solutions for those who suffer from alcohol and drug addiction.

NDTV Walk the Talk with Sri Lankan President Mahinda Rajapaksa (Part 3) Days before the official ceasefire between the Sri Lankan government and the LTTE ends on Tuesday, January 15, Sri Lanka’s President Mahinda Rajapaksa has promised to hand over the LTTE chief to India if his forces catch him. Speaking to NDTV, the Sri Lankan President said that peace is not possible with LTTE leader Prabhakharan around. NDTV: Can there be peace till Prabhakaran is alive? Rajapaksa: If you ask me privately, I will say no because if he is there he will not agree to anything. NDTV: But if he agreed it will be okay for you? Rajapaksa: Certainly. NDTV: Then how will you deal with him, because in India he is a wanted man for Rajiv Gandhi’s assassination. What do you think? Rajapaksa: I wonder if India is serious about getting him. He allegedly killed India’s loved leader. I don’t think India will pardon him for that. NDTV: If you actually caught Prabhakaran, government of India will be in fix. Rajapaksa: If they ask me, I will send him there. Why not? No question. He has killed so many people and if India wants him, they have send one request, of course. Saturday, January 12, 2008 (Colombo) www.ndtv.com Video Courtesy NDTV India © Video Re-publishing on News Perpose Only

Wife Bigger Penis Penis Male Enlargement – With No Pumps Extenders Or Risk

Article by jinamorra

This article explains how I increased my penis size by 3 inches in length and 1 inch in girth at home without pills or surgery. You can experience results just as good or better by using the right specific techniques. Don’t settle for an average or below average penis size; start building a long thick impressive penis today.

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Don’t you wish you were as well-endowed below as the next guy in the locker room? Most men would do anything to add some serious inches to their penis size and get back that self-confidence they have been missing out for so long. But really getting that coveted 8′ manhood need not be a HUGE undertaking (pardon the pun!) for you if you know what works best to get that exceptional size that all men will envy.

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How to get a bigger penis is something men all over the world want to know. There are numerous products that promise you can increase your penis size within a few short weeks but will any of these promises hold water? This article will look at a few popular methods for penis male enlargement and let you decide.

Men find it hard to believe that a way to get themselves permanently larger has been staring them right in the face since the day they were born. However because of western culture a lot of men didn’t experiment with making themselves larger because they were told it is impossible. The one method that actually works to get huge are hand exercises and they have been practiced around the world for thousands of years getting men amazing results.

This may come as a surprise to you. Did you know that 8 in 10 men are unhappy with the size of their penis and can’t wait for a quick fix to end their size woes? No wonder male enhancement is one of the fastest growing industries in the world! But the simple truth is also that the male enhancement market is so full of hype and ineffective products that very often the two things that get BIGGER in the end are the payrolls of the men behind these products and your level of disappointment when you realize you’ve no real results to show for!

About the Author

Exercises To Enlarge Penis Girth Get A Bigger Penis – Two Surefire Natural Methods

How To Make My Penis Big Ejaculating Prematurely? Is Fitness Directly Linked To The Risk Of Premature Early Ejaculation?

Article by annaleeencarnacion

Are you searching for a quick way to increase penis size BUT you want to make sure that the method you choose is safe effective and 100% natural? Alright read on to see if there really is an effective way to get a bigger penis size naturally and consistently.

Did you know that it’s possible to enlarge your penis at home using nothing but your hands and a few specially designed and highly secret NATURAL exercises that anybody with two hands can do?

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Guys if you really want to drive your woman wild in bed you are going to need a way to increase the girth of your penis. You see a thick penis can give her maximum clitoral stimulation and the resulting orgasms will leave her totally satisfied! This article will disclose the best way to make your penis thicker and it will be permanent penis male enlargement too!

I always felt that I was an inadequate lover because my penis size was insufficient. I was tired of feeling embarrassed and ashamed when I revealed it. In the end I tried a myriad of different methods in the vain hope that they would make a difference but sadly they all failed.

What are ways you can get a penis bigger in the next few minutes? How about ways you can achieve a permanently bigger size? Here’s how to get a penis bigger.

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Methods purporting to get men a bigger penis size can be classified into two: artificial and natural way. Both of these methods have its advantages and disadvantages.

Are you not excited at the prospect of being able to increase your penis size from the comfort of your home? I know I am. The truth is just about every Tom Dick and Harry (pardon the pun!) wants to know the secret to enlarge their penis easily. If you can relate to this then you are definitely not alone!

If you have a penis that is smaller than average don’t despair! There is now a completely natural way that makes it possible for you to add anything up to 4 inches to your current size. I know because I have personally benefited from the techniques of natural enhancement – and went from a tiny 3 inches to a HUGE 7 inches in just a few weeks. It’s so simple that anyone can do and because it’s natural it’s 100% safe too. Would you like to learn more? Then just read on…

About the Author

Online Dating Safety Tips Visually Impaired Zinc And Virility In Men – Simple Ways To Boost Male Fertility

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