0001| SENATE BILL 1059
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| PHIL A. GRIEGO
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO NURSING HOME ADMINISTRATION; CHANGING THE
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0012| COMPOSITION OF THE BOARD OF NURSING HOME ADMINISTRATORS;
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0013| PROVIDING FOR CRIMINAL RECORDS CHECKS.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 61-13-4 NMSA 1978 (being Laws 1970,
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0017| Chapter 61, Section 3, as amended) is amended to read:
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0018| "61-13-4. BOARD OF NURSING HOME ADMINISTRATORS.--
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0019| A. There is created the "board of nursing home
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0020| administrators", consisting of seven members appointed by the
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0021| governor to three-year terms staggered so that no more than
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0022| three terms expire in any one year. [Two] Three members of
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0023| the board shall be [practicing] nursing home administrators
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0024| licensed and practicing under the Nursing Home Administrators
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0025| Act [one member shall be a hospital administrator] for a
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0001| minimum of five years and who have never been disciplined by
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0002| the board, one member shall be a practicing physician licensed
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0003| in this state and three members shall be from the public who
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0004| have no significant financial interest, direct or indirect, in
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0005| the nursing home industry.
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0006| B. [All initial appointments to the board shall be
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for a term of three years. Subsequently, the term of each
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member expires on June 30 in the third year after his
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appointment. In the case of a vacancy on the board, the
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governor shall] Within ninety days of [the occurrence of
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the] a vacancy, the governor shall appoint a [member]
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0012| person to fill the unexpired portion of the term. Board
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0013| members shall be citizens of the United States and residents of
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0014| the state, and not more than one member shall be an employee of
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0015| any state or other public agency."
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0016| Section 2. Section 61-13-8 NMSA 1978 (being Laws 1970,
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0017| Chapter 61, Section 7, as amended) is amended to read:
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0018| "61-13-8. LICENSURE OF NURSING HOME
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0019| ADMINISTRATORS. [A.] The board shall issue a license as a
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0020| nursing home administrator to each applicant who files an
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0021| application in the form and manner prescribed by the board,
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0022| accompanied by the required fee, and who furnishes evidence,
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0023| including a criminal records check, satisfactory to the board
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0024| that he:
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0025| [(1)] A. is of good moral character;
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0001| [(2)] B. has successfully completed a course of
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0002| study for a baccalaureate degree and has been awarded such
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0003| degree from an accredited institution in a course of study
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0004| approved by the board as being adequate preparation for nursing
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0005| home administrators;
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0006| [(3)] C. demonstrates professional competence
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0007| by passing an examination in nursing home administration as
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0008| prepared and published by the professional examination service
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0009| or such other nationally recognized examination as the board
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0010| shall prescribe in its rules and regulations;
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0011| [(4)] D. demonstrates knowledge of state
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0012| regulations governing the operation of nursing homes in a
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0013| manner as the board shall prescribe in its rules and
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0014| regulations; and
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0015| [(5)] E. has successfully completed an
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0016| internship or administrator-in-training program as prescribed
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0017| by the board in its rules and regulations."
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0018| Section 3. Section 61-13-11 NMSA 1978 (being Laws 1970,
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0019| Chapter 61, Section 10, as amended) is amended to read:
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0020| "61-13-11. LICENSURE WITHOUT EXAMINATION.--The board
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0021| shall issue a nursing home administrator's license, temporary
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0022| or regular, without examination, to any person who holds a
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0023| nursing home administrator's license current and in good
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0024| standing in another jurisdiction, provided that the board finds
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0025| that the standards of licensure in the other jurisdiction are
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0001| at least the substantial equivalent of those prevailing in this
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0002| state and that the applicant meets the qualifications of the
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0003| Nursing Home Administrators Act."
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0004| Section 4. Section 61-13-13 NMSA 1978 (being Laws 1970,
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0005| Chapter 61, Section 12, as amended) is amended to read:
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0006| "61-13-13. REFUSAL, SUSPENSION OR REVOCATION OF
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0007| LICENSE.--The board may refuse to issue or renew, or may
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0008| suspend or revoke, any license in accordance with the
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0009| procedures [as] contained in the Uniform Licensing Act,
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0010| [upon] on the grounds that the licensee or applicant:
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0011| A. is guilty of fraud or deceit in procuring or
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0012| attempting to procure or renew a license to practice as a
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0013| nursing home administrator;
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0014| B. is convicted of a felony;
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0015| C. is guilty of gross incompetence;
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0016| D. is habitually intemperate or is addicted to the
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0017| use of habit-forming drugs or is addicted to any vice to such a
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0018| degree as to render him unfit to practice as a nursing home
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0019| administrator;
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0020| E. is guilty of failing to comply with any of the
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0021| provisions of the Nursing Home Administrators Act or any rules
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0022| or regulations of the board adopted and filed in accordance
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0023| with the State Rules Act;
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0024| F. has been declared mentally incompetent by
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0025| regularly constituted authorities; provided that the revocation
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0001| shall only be in effect during the period of such incompetency;
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0002| or
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0003| G. is guilty of [substandard performance and]
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0004| conduct that substantially deviates from reasonable standards
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0005| of acceptable practice of nursing home administration,
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0006| including but not limited to the following:
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0007| (1) he has been convicted of a misdemeanor
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0008| substantially relating to the practice of nursing home
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0009| administration;
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0010| (2) he has been found by a court of law, the
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0011| board, an agency responsible for the certification and
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0012| licensure of nursing homes, a state medicaid fraud and abuse
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0013| unit or any other duly recognized state agency to be
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0014| responsible for the neglect or abuse of nursing home residents
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0015| or the misappropriation of their personal funds or property;
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0016| (3) he has been found by a state nursing home
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0017| licensing board, an agency responsible for the certification
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0018| and licensure of nursing homes or any other duly recognized
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0019| state agency as responsible for substandard care in a nursing
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0020| home;
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0021| (4) he has been found to have falsified
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0022| records related to the residents or employees of a nursing home
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0023| on the basis of race, religion, color, national origin, sex,
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0024| age or handicap in violation of federal or state laws; or
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0025| (5) he has had a license revoked, suspended or
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0001| denied by another state for any of the reasons contained
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0002| in this section."
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0003| Section 5. Section 61-13-17 NMSA 1978 (being Laws 1978,
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0004| Chapter 206, Section 1, as amended) is amended to read:
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0005| "61-13-17. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--
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0006| The board of nursing home administrators is terminated on July
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0007| 1, [1997] 2005 pursuant to the Sunset Act. The board shall
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0008| continue to operate according to the provisions of Chapter 61,
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0009| Article 13 NMSA 1978 until July 1, [1998] 2006. Effective
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0010| July 1, [1998, Article 13 of] 2006, Chapter 61, Article
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0011| 13 NMSA 1978 is repealed."
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0012|
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0013|
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0014| FORTY-THIRD LEGISLATURE
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0015| FIRST SESSION, 1997
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0016|
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0017|
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0018| March 13, 1997
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0019|
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0020| Mr. President:
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0021|
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0022| Your JUDICIARY COMMITTEE, to whom has been referred
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0023|
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0024| SENATE BILL 1059
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0025|
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0001| has had it under consideration and reports same with
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0002| recommendation that it DO PASS.
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0003|
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0004| Respectfully submitted,
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0005|
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0006|
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0007|
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0008|
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0009| __________________________________
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0010| Fernando R. Macias, Chairman
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0011|
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0012|
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0013|
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0014| Adopted_______________________ Not
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0015| Adopted_______________________
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0016| (Chief Clerk) (Chief Clerk)
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0017|
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0018|
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0019|
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0020| Date ________________________
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0021|
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0022|
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0023| The roll call vote was 7 For 0 Against
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0024| Yes: 7
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0025| No: 0
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0001| Excused: Sanchez
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0002| Absent: None
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0003|
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0004|
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0005| S1059JU1
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