Kansas 2023-2024 Regular Session

Kansas Senate Bill SB98 Compare Versions

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1	1	Session of 2023
2	2	SENATE BILL No. 98
3	3	By Committee on Education
4	4	1-24
5	5	AN ACT concerning postsecondary and postgraduate loan programs;
6	6	relating to the university of Kansas school of medicine; medical student
7	7	loan program and residency bridging program; encouraging the practice
8	8	of obstetrics and gynecology; establishing the OBGYN medical loan
9	9	repayment fund and the OBGYN medical residency bridging fund;
10	10	amending K.S.A. 76-381, 76-383, 76-385 and 76-387 and repealing the
11	11	existing sections; also repealing K.S.A. 76-386a.
12	12	Be it enacted by the Legislature of the State of Kansas:
13	13	Section 1. K.S.A. 76-381 is hereby amended to read as follows: 76-
14	14	381. As used in K.S.A. 76-380 through 76-386, and amendments thereto:
15	15	(a) "Act" means the medical student loan act;
16	16	(b) "approved postgraduate residency training program" means a
17	17	residency training program in general pediatrics, general internal
18	18	medicine, family medicine, family practice, emergency medicine,
19	19	obstetrics and gynecology, general psychiatry, child psychiatry or
20	20	fellowship training in geriatric medicine;
21	21	(c) "service commitment area" means: (1) Any community within any
22	22	county in Kansas other than Douglas, Johnson, Sedgwick, Shawnee or
23	23	Wyandotte county; (2) any state medical care facility or institution; (3) any
24	24	medical center operated by the veterans administration of the United
25	25	States; (4) the full-time faculty of the university of Kansas school of
26	26	medicine in family medicine, family practice, general psychiatry or child
27	27	psychiatry if serving as full-time faculty as provided in K.S.A. 76-384(c),
28	28	and amendments thereto; or (5) any community within Wyandotte county
29	29	for purposes of any practice obligation under an agreement entered into by
30	30	a person who is enrolled for the first time after July 1, 2004, in a course of
31	31	study leading to the medical degree; and
32	32	(d) "state medical care facility or institution" includes, but is not
33	33	limited to, the Kansas state school for the visually handicapped blind, the
34	34	Kansas state school for the deaf, any institution under the secretary for
35	35	aging and disability services, as defined by in K.S.A. 76-12a01, and
36	36	amendments thereto, any institution under the commissioner of juvenile
37	37	justice as defined by in K.S.A. 38-2302, and amendments thereto, the
38	38	Kansas soldiers' home, the Kansas veterans' home and any correctional
39	39	institution under the secretary of corrections, as defined by in K.S.A. 75-
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76	76	5202, and amendments thereto, but shall not include any state educational
77	77	institution under the state board of regents, as defined by in K.S.A. 76-711,
78	78	and amendments thereto, except as specifically provided by statute.
79	79	Sec. 2. K.S.A. 76-383 is hereby amended to read as follows: 76-383.
80	80	A medical student loan agreement entered into by the university of Kansas
81	81	school of medicine and an undergraduate student enrolled in or admitted to
82	82	the university of Kansas school of medicine in a course of instruction
83	83	leading to the degree of doctor of medicine for the purpose of receiving a
84	84	medical student loan under this act shall require that the person receiving
85	85	the loan:
86	86	(a) Complete the required course of instruction and receive the degree
87	87	of doctor of medicine and apply for, enter and complete an approved
88	88	postgraduate residency training program;
89	89	(b) apply for and obtain a license to practice medicine and surgery in
90	90	Kansas;
91	91	(c) except as otherwise provided in K.S.A. 76-384, and amendments
92	92	thereto, engage in the full-time practice of medicine and surgery for a
93	93	period of 12 months within a service commitment area, except as
94	94	otherwise provided in K.S.A. 76-384(c), and amendments thereto, for
95	95	service as a full-time faculty member of the university of Kansas school of
96	96	medicine in family medicine, family practice, general psychiatry or child
97	97	psychiatry;
98	98	(d) commence such full-time practice of medicine and surgery within
99	99	nine months after completion of an approved postgraduate residency
100	100	training program and licensure in a service commitment area and continue
101	101	such full-time practice in such service commitment area for a consecutive
102	102	period of months equal to the total number of months required under the
103	103	agreement;
104	104	(e) agree that the service commitment for each agreement entered into
105	105	under this act is in addition to the service commitment contained in any
106	106	other agreement which that has been or may be entered into under this act
107	107	for the purpose of obtaining a medical student loan or under other
108	108	agreements for the purpose of obtaining scholarship aid;
109	109	(f) maintain records and make reports to the university of Kansas
110	110	school of medicine to document the satisfaction of the obligation under
111	111	such agreement to engage in the full-time practice of medicine and surgery
112	112	within a service commitment area and to continue such full-time practice
113	113	in such service commitment area for a consecutive period of months equal
114	114	to the total number of months required under the agreement; and
115	115	(g) upon failure to satisfy an agreement to engage in the full-time
116	116	practice of medicine and surgery within a service commitment area for the
117	117	required period of time under any such agreement, the person receiving a
118	118	medical student loan under this act shall repay amounts to the university of
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162	162	Kansas school of medicine as provided in K.S.A. 76-385, and amendments
163	163	thereto.
164	164	Sec. 3. K.S.A. 76-385 is hereby amended to read as follows: 76-385.
165	165	(a) (1) Except as otherwise provided in paragraphs (2), (3), (4) and (5)
166	166	through (6) or in K.S.A. 76-386, and amendments thereto, upon the failure
167	167	of any person to satisfy the obligation to engage in the full-time practice of
168	168	medicine and surgery within a service commitment area of this state for
169	169	the required period of time under any medical student loan agreement
170	170	entered into under this act, such person shall repay to the university of
171	171	Kansas school of medicine in accordance with subsection (b) an amount
172	172	equal to the total of: (A) The amount of money received by such person
173	173	pursuant to such agreement, or the amount of money determined under
174	174	rules and regulations of the university of Kansas; plus (B) annual interest
175	175	at a rate of 15% from the date such money was received.
176	176	(2) Any person who fails to apply for and enter an approved
177	177	postgraduate residency training program shall be required to repay all
178	178	moneys received pursuant to an agreement entered into for any such
179	179	medical student loan, plus accumulated interest at an annual rate of 15%
180	180	and shall commence such repayment in accordance with subsection (b)
181	181	within 90 days of graduation from the school of medicine or upon
182	182	termination or completion of a residency training program which that does
183	183	not comply with the provisions of this act, whichever is later.
184	184	(3) If at any time a person is failing to satisfy an obligation to engage
185	185	in the full-time practice of medicine and surgery in Kansas for the required
186	186	period of time under an agreement entered into under this act because such
187	187	person is engaged in the full-time practice of medicine and surgery in a
188	188	state other than Kansas, or within Kansas in an area that is not a service
189	189	commitment area or in the practice of medicine and surgery which does
190	190	not otherwise comply with the agreement entered into under this act, and if
191	191	such person is subject to or currently making repayments under this
192	192	section and if such person subsequently commences the practice of
193	193	medicine and surgery in this state which is in a service commitment area
194	194	or which otherwise complies with the agreement entered into under this
195	195	act, the balance of the repayment amount, including interest thereon, from
196	196	the time of such commencement of practice until the obligation of such
197	197	person is satisfied, or until the time such person again becomes subject to
198	198	repayments, shall be waived. All repayment amounts due prior to such
199	199	commencement of practice, including interest thereon, shall continue to be
200	200	payable as provided in this section. If subsequent to such commencement
201	201	of practice, the person fails to satisfy such obligation, the person again
202	202	shall be subject to repayments, including interest thereon, as otherwise
203	203	provided in this section.
204	204	(4) If, during the time a person is satisfying the service requirement
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248	248	of an agreement entered into under this act, such person desires to engage
249	249	in less than the full-time practice of medicine and surgery within a service
250	250	commitment area of the state and remain in satisfaction of such service
251	251	requirement, such person may make application to the chancellor of the
252	252	university of Kansas or the designee of the chancellor for permission to
253	253	engage in less than such full-time practice of medicine and surgery. Upon
254	254	a finding of exceptional circumstances made by the chancellor of the
255	255	university of Kansas, or the designee of the chancellor, such person may
256	256	be authorized to engage in less than the full-time practice of medicine and
257	257	surgery within a service commitment area of the state for the remaining
258	258	required period of time under such agreement and for an additional period
259	259	of time which shall be equal to the length of the originally required period
260	260	of time multiplied by the decimal fraction which is equal to the reduction
261	261	of the full-time practice of medicine and surgery to be authorized
262	262	hereunder, multiplied by two. In any such determination of the period
263	263	required to be engaged in the less than full-time practice of medicine and
264	264	surgery, the decimal fraction utilized shall not exceed 0.5 and any person
265	265	granted permission to engage in less than the full-time practice of
266	266	medicine and surgery in accordance with the provisions of this paragraph
267	267	shall be required to engage in at least the half-time practice of medicine
268	268	and surgery.
269	269	(5) Any person who enters but fails to complete an approved
270	270	postgraduate residency training program, or who enters and completes an
271	271	approved postgraduate residency training program but fails to satisfy the
272	272	obligation to engage in the full-time practice of medicine and surgery
273	273	within a service commitment area of this state for the required period of
274	274	time shall be required to repay all money received pursuant to an
275	275	agreement entered into under this act a for any such medical student loan,
276	276	plus accumulated interest at an annual rate of 15%, and shall commence
277	277	such repayment in accordance with subsection (b) within 90 days of failure
278	278	to complete an approved postgraduate residency training program or 90
279	279	days of failure to commence qualifying practice, whichever occurs first.
280	280	(6) For any person who entered and completed an approved
281	281	postgraduate residency training program in obstetrics and gynecology, if
282	282	during the time such person is satisfying the service requirement of an
283	283	agreement entered into pursuant to this act, such person is employed by,
284	284	provides services at or establishes any clinic or facility as such terms are
285	285	defined in K.S.A. 65-4a01, and amendments thereto, or performs or
286	286	induces, or attempts to perform or induce, an abortion, except in the case
287	287	of a medical emergency as defined in K.S.A. 65-6701, and amendments
288	288	thereto, or in the case of a pregnancy resulting from rape or incest, such
289	289	person shall be deemed to have failed to complete such person's service
290	290	requirement and shall be required to repay all money received pursuant to
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334	334	an agreement entered into under this act for any such medical student
335	335	loan, plus accumulated interest at an annual rate of 15%, and shall
336	336	commence such repayment in accordance with subsection (b).
337	337	(b) For any repayment requirement under this section, the person
338	338	shall repay an amount totaling the entire amount to be repaid under all
339	339	such agreements for which such obligations are not satisfied, including all
340	340	amounts of interest at the rate prescribed. The repayment shall be made in
341	341	not more than 10 equal annual installment payments.
342	342	(c) All installment payments under this section shall commence six
343	343	months after the date of the action or circumstance that causes the failure
344	344	of the person to satisfy the obligations of such agreements, as determined
345	345	by the university of Kansas school of medicine based upon the
346	346	circumstances of each individual case. In all cases, if an installment
347	347	payment becomes 91 days overdue, the entire amount outstanding shall
348	348	become immediately due and payable, including all amounts of interest at
349	349	the rate prescribed.
350	350	(d) The total repayment obligation imposed under all agreements
351	351	entered into under this act may be satisfied by the person who entered into
352	352	the agreements at any time prior to graduation from the university of
353	353	Kansas school of medicine by making a single lump-sum payment equal to
354	354	the total of: (1) The entire amount to be repaid under all such agreements
355	355	upon failure to satisfy the obligations under such agreements to practice in
356	356	Kansas; plus (2) all amounts of interest thereon at the rate prescribed to the
357	357	date of payment.
358	358	(e) The university of Kansas school of medicine shall remit all
359	359	moneys received under this section to the state treasurer in accordance
360	360	with the provisions of K.S.A. 75-4215, and amendments thereto. Upon
361	361	receipt of each such remittance, the state treasurer shall deposit the entire
362	362	amount in the state treasury to the credit of the medical loan repayment
363	363	fund.
364	364	(f) There is hereby created in the state treasury the medical loan
365	365	repayment fund. All expenditures from the medical loan repayment fund
366	366	shall be for medical student loans under the medical student loan act and
367	367	for the expenses of administration of the medical student loan act and shall
368	368	be made in accordance with appropriation acts upon warrants of the
369	369	director of accounts and reports issued pursuant to vouchers approved by
370	370	the chancellor of the university of Kansas or by a person designated by the
371	371	chancellor, except that expenditures shall not be made from the medical
372	372	loan repayment fund for medical student loans for medical students who
373	373	intend to enter and complete an approved postgraduate residency training
374	374	program in obstetrics and gynecology, general psychiatry or child
375	375	psychiatry. On the effective date of this act, the director of accounts and
376	376	reports shall transfer all moneys in the medical scholarship and loan
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420	420	repayment fund to the medical loan repayment fund. On the effective date
421	421	of this act, all liabilities of the medical scholarship and loan repayment
422	422	fund are hereby imposed on the medical loan repayment fund and the
423	423	medical scholarship and loan repayment fund is hereby abolished.
424	424	Whenever the medical scholarship and loan repayment fund, or words of
425	425	like effect, is referred to or designated by any statute, contract or other
426	426	document, such reference or designation shall be deemed to apply to the
427	427	medical loan repayment fund.
428	428	(g) There is hereby established in the state treasury the psychiatry
429	429	medical loan repayment fund. All moneys credited to the psychiatry
430	430	medical loan repayment fund shall be expended only for medical student
431	431	loans for general psychiatry or child psychiatry students under the medical
432	432	student loan act and for the expenses of administration of the medical
433	433	student loan act associated with such students. All expenditures from the
434	434	psychiatry medical loan repayment fund shall be made in accordance with
435	435	appropriation acts upon warrants of the director of accounts and reports
436	436	issued pursuant to vouchers approved by the chancellor of the university of
437	437	Kansas or the chancellor's designee.
438	438	(h) There is hereby established in the state treasury the OBGYN
439	439	medical loan repayment fund. All moneys credited to the OBGYN medical
440	440	loan repayment fund shall be expended only for medical student loans for
441	441	medical students who intend to enter and complete an approved
442	442	postgraduate residency training program in obstetrics and gynecology
443	443	under the medical student loan act and for the expenses of administration
444	444	of the medical student loan act associated with such students. All
445	445	expenditures from the OBGYN medical loan repayment fund shall be made
446	446	in accordance with appropriation acts upon warrants of the director of
447	447	accounts and reports issued pursuant to vouchers approved by the
448	448	chancellor of the university of Kansas or the chancellor's designee.
449	449	(h)(i) Notwithstanding any other provision of law to the contrary, no
450	450	moneys shall be transferred from the comprehensive grant program
451	451	account of the state board of regents to the medical loan repayment fund,
452	452	the OBGYN medical loan repayment fund or the psychiatry medical loan
453	453	repayment fund or expended for any purposes related thereto.
454	454	Sec. 4. K.S.A. 76-387 is hereby amended to read as follows: 76-387.
455	455	(a) (1) There is hereby established the Kansas medical residency bridging
456	456	program at the university of Kansas school of medicine, which shall be
457	457	developed and implemented in order to provide encouragement,
458	458	opportunities and incentives for persons in primary care or mental health
459	459	care to:
460	460	(A) Enter and complete medical residency training programs in
461	461	general pediatrics, general internal medicine, family medicine, family
462	462	practice, obstetrics and gynecology, general psychiatry or child psychiatry
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506	506	that are operated by or affiliated with the university of Kansas school of
507	507	medicine or other such primary care or mental health care medical
508	508	residency training program that is operated in Kansas and approved by the
509	509	state board of healing arts; and a person under subsection (i) to
510	510	(B) locate their medical practice in rural Kansas communities upon
511	511	completion of such residency training.
512	512	(2) The Kansas medical residency bridging program shall be
513	513	administered by the institute for rural health care of the university of
514	514	Kansas school of medicine.
515	515	(b) Subject to the provisions of appropriation acts, the university of
516	516	Kansas school of medicine may enter into residency bridging loan
517	517	agreements, in accordance with the provisions of this section: (A) with any
518	518	person who has completed the first year of a primary care or mental health
519	519	care medical residency training program in general pediatrics, general
520	520	internal medicine, family medicine, family practice, obstetrics and
521	521	gynecology, general psychiatry or child psychiatry that is operated by or
522	522	affiliated with the university of Kansas school of medicine or other such
523	523	primary care or mental health care medical residency training program that
524	524	is operated in Kansas and approved by the state board of healing arts; and
525	525	(B) with a person under subsection (i).
526	526	(c) Subject to the provisions of appropriation acts, each person
527	527	entering into a residency bridging loan agreement under this section shall
528	528	receive a payment of $5,000 each year of primary care or mental health
529	529	care medical residency training, or any part of a year of such training, after
530	530	the date that the residency bridging loan agreement is entered into by the
531	531	resident and the university of Kansas school of medicine and, upon
532	532	completion of the primary care or mental health care medical residency
533	533	training program, a payment of $6,000.
534	534	(d) Each residency bridging loan agreement shall require that the
535	535	person receiving the loan:
536	536	(1) Complete the primary care or mental health care medical
537	537	residency training program;
538	538	(2) engage in the full-time practice of medicine and surgery in any
539	539	county in Kansas other than Douglas, Johnson, Sedgwick, Shawnee or
540	540	Wyandotte for three years under a practice commitment agreement;
541	541	(3) commence such full-time practice of medicine and surgery within
542	542	90 days after completing the primary care or mental health care medical
543	543	residency training program; and
544	544	(4) upon failure to satisfy the obligation to engage in the full-time
545	545	practice of medicine and surgery in accordance with the provisions of the
546	546	residency bridging loan agreement and this section, the person receiving
547	547	the loan under this section shall repay to the university of Kansas school of
548	548	medicine, within 90 days of such failure, the amount equal to the amount
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592	592	of money moneys received by such person from the university of Kansas
593	593	school of medicine, less credits earned, under such agreement plus interest
594	594	at the annual rate of 15% from the date such money was moneys were
595	595	received.
596	596	(e) An obligation to engage in the practice of medicine and surgery in
597	597	accordance with the provisions of a residency bridging loan agreement and
598	598	this section shall be postponed during: (1) Any period of temporary
599	599	medical disability during which the person obligated is unable to practice
600	600	medicine and surgery because of such medical disability; or (2) any other
601	601	period of postponement agreed to or determined in accordance with
602	602	criteria agreed to in the practice commitment agreement.
603	603	(f) Except as otherwise provided in subsection (g), an obligation to
604	604	engage in the practice of medicine and surgery in accordance with the
605	605	provisions of a residency bridging loan agreement and this section shall be
606	606	satisfied: (1) If the obligation to engage in the practice of medicine and
607	607	surgery in accordance with such agreement has been completed; (2) if the
608	608	person obligated dies; or (3) if, because of permanent physical disability,
609	609	the person obligated is unable to practice medicine and surgery.
610	610	(g) For any person who completed a medical residency training
611	611	program in obstetrics and gynecology pursuant to this section, such
612	612	person's obligation to engage in the practice of medicine and surgery in
613	613	accordance with the provisions of a residency bridging loan agreement
614	614	and this section shall be deemed to not be satisfied if such person is
615	615	employed by, provides services at or establishes any clinic or facility as
616	616	such terms are defined in K.S.A. 65-4a01, and amendments thereto, or
617	617	performs or induces, or attempts to perform or induce, an abortion, except
618	618	in the case of a medical emergency as defined in K.S.A. 65-6701, and
619	619	amendments thereto, or in the case of a pregnancy resulting from rape or
620	620	incest, at any time in which such person is obligated to satisfy the
621	621	provisions of such person's loan agreement made pursuant to this section.
622	622	(g)(h) The university of Kansas school of medicine may adopt
623	623	additional provisions, requirements or conditions for participation in the
624	624	Kansas medical residency bridging program as are practicable and
625	625	appropriate to accomplish the purposes of the program or as may be
626	626	required for the implementation or administration of the program and, in
627	627	any case, as are not inconsistent with the provisions of this section or the
628	628	provisions of appropriation acts.
629	629	(h)(i) As used in this section, "practice commitment agreement"
630	630	means an agreement to commence the full-time practice of medicine and
631	631	surgery in a city located in any county in Kansas other than Douglas,
632	632	Johnson, Sedgwick, Shawnee or Wyandotte county, that:
633	633	(1) Was entered into: (A) by a person in a primary care or mental
634	634	health care medical residency training program in general pediatrics,
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678	678	general internal medicine, family medicine, family practice, obstetrics and
679	679	gynecology, general psychiatry or child psychiatry, that is operated by or
680	680	affiliated with the university of Kansas school of medicine or other such
681	681	primary care or mental health care medical residency training program that
682	682	is operated in Kansas and approved by the state board of healing arts; or
683	683	(B) by a person under subsection (i), with the city where such practice is to
684	684	commence or another contracting entity other than the university of
685	685	Kansas school of medicine that is representative of the interests of such
686	686	city; and
687	687	(2) provides benefits to such person that have an aggregate monetary
688	688	value equal to or greater than the aggregate amount of payments to such
689	689	person from the university of Kansas school of medicine under a residency
690	690	bridging loan agreement under this section.
691	691	(i) A person who graduated from the university of Kansas school of
692	692	medicine prior to July 1, 1992, who has completed the first year of a
693	693	primary care residency training program in family practice which is
694	694	operated outside the state of Kansas and who has entered into a practice
695	695	commitment agreement with the north central Kansas health care
696	696	foundation is eligible to enter into a residency bridging loan agreement
697	697	under this section.
698	698	(j) Notwithstanding any other provision of law to the contrary, no
699	699	moneys appropriated for the Kansas medical residency bridging program
700	700	at the university of Kansas school of medicine, except moneys
701	701	appropriated to the OBGYN medical residency bridging fund or the rural
702	702	health bridging psychiatry fund, shall be expended for residency bridging
703	703	loan agreements for medical residents training in obstetrics and
704	704	gynecology, general psychiatry or child psychiatry.
705	705	(k) Subject to appropriations, the university of Kansas school of
706	706	medicine shall enter into residency bridging loan agreements with three
707	707	medical residents training in general psychiatry or child psychiatry.
708	708	(l) There is hereby established in the state treasury the rural health
709	709	bridging psychiatry fund. All moneys credited to the rural health bridging
710	710	psychiatry fund shall be used only for purposes related to residency
711	711	bridging loan agreements for medical residents training in general
712	712	psychiatry or child psychiatry pursuant to K.S.A. 76-387, and amendments
713	713	thereto this section. All expenditures from the rural health bridging
714	714	psychiatry fund shall be made in accordance with appropriation acts upon
715	715	warrants of the director of accounts and reports issued pursuant to
716	716	vouchers approved by the chancellor of the university of Kansas or the
717	717	chancellor's designee.
718	718	(m) There is hereby established in the state treasury the OBGYN
719	719	medical residency bridging fund. All moneys credited to the OBGYN
720	720	medical residency bridging fund shall be used only for purposes related to
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764	764	residency bridging loan agreements for medical residents training in
765	765	obstetrics and gynecology pursuant to this section. All expenditures from
766	766	the OBGYN medical residency bridging fund shall be made in accordance
767	767	with appropriation acts upon warrants of the director of accounts and
768	768	reports issued pursuant to vouchers approved by the chancellor of the
769	769	university of Kansas or the chancellor's designee.
770	770	(m)(n) Notwithstanding any other provision of law to the contrary, no
771	771	moneys shall be transferred from the comprehensive grant program
772	772	account of the state board of regents to the rural health bridging psychiatry
773	773	fund or the OBGYN medical residency bridging fund or expended for any
774	774	purposes related to the Kansas medical residency bridging program.
775	775	Sec. 5. K.S.A. 76-381, 76-383, 76-385, 76-386a and 76-387 are
776	776	hereby repealed.
777	777	Sec. 6. This act shall take effect and be in force from and after its
778	778	publication in the statute book.
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