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#31 of 59 Old 09-06-2012, 07:25 PM
 
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this woman might be able to advise you over the phone...she is an atty who specializes in religious exemptions

Patricia Finn Attorney

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Originally Posted by rmul View Post

I just got a rejection of my religious exemption for vaccination in the mail.  My son is in the 10th grade and this has never happened before.  On my form that was rejected I wrote, " The lord God has given us a sacred body temple with the decree that we shall not defile that body temple with impure acts, thoughts, words, or deeds.  This places upon us the sacred trust of caring for our body temple by not ingesting or injecting impurities into our bodies." 

 

I am shocked that this was not accepted and now I have to appeal.  Does any one have any advice on what I should state in the appeal??  Also I am wondering if there are any lawsuits brewing.  This seems ripe for a class action lawsuit that is denying me my religious freedom.

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#32 of 59 Old 09-06-2012, 07:27 PM
 
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Rmul, you might want to start a new thread so that more people can see your question.

Good luck!
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#33 of 59 Old 09-07-2012, 07:36 AM
 
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Thank you for this name.  I will see if she can help me and I will pass on any info. I get about the appeal process.

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#34 of 59 Old 09-07-2012, 08:58 AM
 
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Thanks for your help on timeframes, Halo and CostillaMommy! Will just mail it then and save the gas! I used the wording recommended here so hoping all will be ok. So sad to hear about some of the rejections received by memebers here.

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#35 of 59 Old 09-07-2012, 03:47 PM
 
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I've been posting on another thread about this, so glad to find you. Thank you, Halo. And, thank you, Carol ******. Carol is one of the original NM pioneers for vaccine choice. 

 

I've been looking into this and plan to blog about it. I called Kenny Vigil at the Dept of Health yesterday and am going to send questions he says he will have answered by those who know about the exemption policy. Let me know your questions.

 

While it's true that NM has only religious and medical exemptions, the state has been included as one that has philosophical exemptions because the state has a precedent of accepting exemptions based on a parent's conscientious objection to vaccines, their closely held personal beliefs. Here's the law from 1996, updated 2001:

 

 " B.           Exemption by certification of religious objection: A parent or guardian who cannot obtain an affidavit from an officer of a recognized denomination as described in Section 7-1 [sic], but whose religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agents, may apply for an exemption from immunization by submitting a certificate of conscientious objection to immunization."

 

Is there a more updated law than this? Was the law changed and we missed it? I used the philosophical exemption form from the NM Health Department from 1980 through 2000 so there is a long precedent of accepting conscientious objection and personally held beliefs in NM.

 

Carol, do you know if the law was changed? If not, then it seems that the Health Department is overreaching their authority.

 

I think it's a good idea to talk to the Ombudsman. I'm so glad there is a FB page. And, I'm thinking we could bring this to Brian Egoff's attention and see what he can do.

 

It's important that we follow through on keeping our rights here. I would suggest using words like conscientious objection and closely held beliefs and keeping it simple in one's statement.

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#36 of 59 Old 09-07-2012, 03:51 PM
 
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I'm happy to host a meeting at my house in Santa Fe to make plans if we need that. You're right, Halo, if there is no change in the law and no public comment on the change in interpretation and a precedent for accepting closely held personal beliefs as religious beliefs, then the Health Department is just trying to intimidate us. No way!!

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#37 of 59 Old 09-08-2012, 08:29 AM
 
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       I just received a denial of my exemption form today.  I did not want to make a statement that would be against our true beliefs.  Neither I nor my children have ever been immunized.  I stated on the form "I do not trust the safety of vaccines and believe that the introduction of foreign substances into the bloodstream is a misinformed attempt to thwart the intelligence of nature."  

      At this point I realize that I should have considered another statement that might have had better success being approved but I feel that conscientious  objection is as valid a reason as religious beliefs.  Now however, I need to respond in a way that I know will work. I'm not going to be bullied into doing something that I feel may have disastrous effects on my child. We are homeschooling my son but my daughter is enjoying and doing well in our small local school, I would hate to have to withdraw her for something so silly.

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#38 of 59 Old 09-09-2012, 07:57 AM
 
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RMUL - I'm shocked that you got a denial, particularly since it appears that others received approval by just repeating the statement that is already on the form.  I pray every night about this entire vaccination issue - it has gotten so out of hand.

 

You might want to contact:

National Vaccine Information Center
407 Church Street, Suite H, Vienna, VA 22180
Phone: 703-938-0342
Fax: 703-938-5768
Email: contactNVIC@gmail.com

They might be able to help you.

 

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#39 of 59 Old 09-10-2012, 09:48 AM
 
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as time goes by, the state seems to be fairly inconsistent with what it is allowing as reason to exempt.

 

i've heard of a muslim being denied (i don't know what her exact statement was).

 

I've heard of christians being denied because they use an "aborted fetal tissue = promoting abortion" reason, which shocks me to the ground that the state would deny that one.

 

and anything that they seem to perceive as a statement of YOUR choice seems to get denied. (can't tell you how offended i am that the state doesn't consider me smart enough to make this decision for my child. it has to be codified by either an MD or it has to be out of my hands because of religion. grrrrrrr.)

 

@daniel freeman, nice to finally "meet" another fully grown adult (look at that, we *can* survive without vaccines!) who has never been vax'd. i joke that my parents were on the cutting edge. ;) 


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#40 of 59 Old 09-10-2012, 09:53 AM
 
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a thought occurs to me . . . 

 

there is a chance that we could actually get a bill introduced to actually allow for a conscientious objection. the only thing i'd warn about is that you will get a MAJOR fight on your hands from the Department of Health. they will be at *every* committee meeting to stand up and say no. you would have to have overwhelming numbers in support to get it done. 

 

and you might keep an eye on the bills that are introduced in January. there could very likely be something about this in the coming session.

 

(i've been to the legislature a few times trying to get a bill of my own passed. and it is in DOH territory, that's how i know that they'll be there for every committee. and they are getting paid to be there, so they will wait the whole day and into the night if necessary.)


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#41 of 59 Old 09-10-2012, 10:00 PM
 
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Quote:
Originally Posted by Daniel Freeman View Post

       I just received a denial of my exemption form today.  I did not want to make a statement that would be against our true beliefs.  Neither I nor my children have ever been immunized.  I stated on the form "I do not trust the safety of vaccines and believe that the introduction of foreign substances into the bloodstream is a misinformed attempt to thwart the intelligence of nature."  

      At this point I realize that I should have considered another statement that might have had better success being approved but I feel that conscientious  objection is as valid a reason as religious beliefs.  Now however, I need to respond in a way that I know will work. I'm not going to be bullied into doing something that I feel may have disastrous effects on my child. We are homeschooling my son but my daughter is enjoying and doing well in our small local school, I would hate to have to withdraw her for something so silly.

The law does call for an exemption based on "deeply held personal beliefs" and conscientious objection. I'm no lawyer, but your statement could be framed more in this context, such as "My deeply held personal beliefs conscientiously object to the injection of a foreign substance into my bloodstream or the bloodstream of my children." I would leave out the opinion and just focus on what you believe in as simple and yet as vague a way as possible. Use the words from the law. Good luck!

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#42 of 59 Old 09-10-2012, 10:02 PM
 
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Originally Posted by snowhaven View Post

RMUL - I'm shocked that you got a denial, particularly since it appears that others received approval by just repeating the statement that is already on the form.  I pray every night about this entire vaccination issue - it has gotten so out of hand.

 

You might want to contact:

National Vaccine Information Center
407 Church Street, Suite H, Vienna, VA 22180
Phone: 703-938-0342
Fax: 703-938-5768
Email: contactNVIC@gmail.com

They might be able to help you.

 

I just emailed with Dawn Richardson from NVIC. They are on this too and would like us to start a group here. More on that soon. They want to work with key legislators. Let's identify who they would be. I suggest Brian Egolf and Peter Wirth in Santa Fe.

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#43 of 59 Old 09-11-2012, 11:36 AM
 
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I definitely would like to hear more.  Thank you for contacting NVIC.

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#44 of 59 Old 09-11-2012, 11:42 AM
 
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I know Rep Jim Hall (Dist 43, Los Alamos) is asking questions as well. On behalf of an MD in Sierra Los Pinos. I would suggest getting as many legislators hopping as possible. But understand that some of them might not have a job come Nov.

 

Sen Richard Martinez is also interested. The first thing out of his mouth when I spoke to him yesterday was about the rights of parents to make decisions for their children.

 

(I have been working on a different bill since 2007, and I am more than a little bit concerned about what is going to happen in Nov and Jan. One if the main committees I have to go through—SPAC—has only 2 of its 8 members still running for re-election. I'm sort of holding my breath right now.)


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#45 of 59 Old 09-11-2012, 01:56 PM
 
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Hi all, I just talked to Michael Ruble at the state health dept. and he said that I can resubmit another form with different wording and that would be faster than appealing.  So now that thanks to all of you I know what the magic words to use are (As the parent of ______, my religious beliefs held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agent.)  I will be resubmitting the form with this statement and will hope for the best this time.  Daniel Freeman I suggest to you that you too resubmit a form using these words and hopefully we will all be OK.  I appreciate all the help and support on this site.  It is nice to know that I am not alone in this issue.

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#46 of 59 Old 09-12-2012, 02:36 PM
 
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please consider joining (or taking) the conversation over at this google group. (esp for those who do not want to join facebook.)

 

https://groups.google.com/forum/?fromgroups#!forum/new-mexico-parental-rights


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#47 of 59 Old 09-12-2012, 02:39 PM
 
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Originally Posted by Esqui88 View Post

To be quite honest, the statute governing the immunization laws is poorly written (one of the worst I have seen), and so the legislators were not really thinking when they used the term conscientious objectors.  The opinion of the Attorney General, from 1975, which is integrated into the NMCA (NM Codes Annontated) which talks about the procedures for the application of the statute, clearly states that the legislators did not consider non-religious beliefs as a grounds for exempting.  I believe they meant to use the term "conscientious objection" as it applied in 1975.  At that point, I think they should have more accurately stated in the statute "conscientious objectors based on religious grounds" as that term was meant nearly 40 years ago.  When one spoke of "conscientious objectors" to the Vietnam War, for example, one immediately thought of Quakers, or other non-violent denominations - but clearly one thought of a religious basis, not as one thinks of it now.

 

If the legislators meant for there to be a personal, philosophical or conscientious objectors exemption, they would have created a means for that group of individuals to be able to exempt from the law.  They did not.  The AG's opinion stated:

 

"The legislative intent of the Certificate of Exemption corresponded to those who shared a religious belief, but were not able to obtain the required affidavit from an officer of a church.  The Certificate of Exemption form was created to assist those with religious beliefs enabling them to file an exemption with the state.

 

 

While definitions of moral belief or spiritual persuasion or religious denomination are necessarily vague and cannot be reduced to precise language, the language of Section 12-4-4.3 is clear and unambiguous in that it requires for exemption an affidavit from an officer of a recognized religious denomination.  Absent any ambiguity, there is no room for construction and the statement should be given effect as written. State v. Herrera, 86 N.M. 134, 520 P.2d 554 (Ct. App. 1974).  It would appear, therefore, that the religious exemption may be granted ONLY [emphasis added] upon the filing of the described affidavit [from an officer of a church.]  A statement by parents of a personal religious and/or moral convictions would not conform to the explicit requirements of Section 12-3-4-3.”

 

esqui88,

 

you seem fairly knowledgeable about this. i am wondering who you are and how you know so much? also, can you please join us on the google group? 

 

https://groups.google.com/forum/?fromgroups#!forum/new-mexico-parental-rights


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#48 of 59 Old 09-12-2012, 04:02 PM
 
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Esqui88, thanks so much for that detailed information. I have been struggling with understanding what happened and did not realize that there had been a judicial interpretation. Still, we do have the precedent, 30 years by my count, of accepting "deeply held personal beliefs," that is philosophical reasons for religious exemptions. How do you thing that this plays legally?

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#49 of 59 Old 09-12-2012, 08:46 PM
 
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Great thread. I'm learning so much

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#50 of 59 Old 09-18-2012, 10:10 AM
 
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I am having trouble responding to private messages with this information, so I thought I would just post it.

 

Here are some legislative sources for review:

 

1.  NM Attorney General's Opinion (No. 75-69) dated December 8, 1975, pages 183-186

2.  Section 12-3-4.2, New Mexico Statute Annotated (NMSA) 1953

3.  Section 24-5-3, NMSA 1978

4.  7 New Mexico Administrated Code (NMAC) 7.5.3.8

 

I think by googling any one of these, you should be able to download and copies these.

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#51 of 59 Old 09-18-2012, 10:10 AM
 
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I am having trouble responding to private messages with this information, so I thought I would just post it.

 

Here are some legislative sources for review:

 

1.  NM Attorney General's Opinion (No. 75-69) dated December 8, 1975, pages 183-186

2.  Section 12-3-4.2, New Mexico Statute Annotated (NMSA) 1953

3.  Section 24-5-3, NMSA 1978

4.  7 New Mexico Administrated Code (NMAC) 7.5.3.8

 

I think by googling any one of these, you should be able to download and copies these.

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#52 of 59 Old 09-20-2012, 02:54 PM
 
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Just posted this blog today on Vaccine Exemptions Under Attack. It puts what's happening in NM into a national context.

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#53 of 59 Old 08-13-2013, 04:37 PM
 
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My daughter is in the 6th grade, my son in the 10th grade and I have never had this problem before. I must repeat...If your kids are immunized then why are you so scared mine are going to infect yours? Last year my exemption form was denied ?!?!?! I put some crazy stuff on there to sound like a religious nut...It was all true I guess lol. But the scriptures I threw in there were maybe a bit much for them.I didnt know what to put tho, this was the first time I had to explain what it is that I believe so it could be approved or denied????? Ugh...I cant tell you how upset I was...ready to pack up n head out to another state lol ! I ended up having to write an appeal letter which WAS accepted. Thank God ! This is what Im sending off this year...Im hoping n praying that it is accepted. Maybe there is something off of mine that somebody can use. 

 

 

Dear School Officials and or State Health Officials,

In accordance with New Mexico Statutes and Codes, Section 24-5-3, regarding exceptions to immunization requirements, we hereby certify that the administration of vaccine and other immunizing agents to our child, Jade Krimminger, conflicts with the tenets and practice of our religion, of which we are adherents. We hold our beliefs jointly with each other and others, which do not permit the administration of vaccine or other immunizing agent. We therefore request that our child be exempted from the school immunization requirements.

 

Let this letter also apply for religious exemption from the other state immunization requirements in accordance with the religious exemption provisions of New Mexico.

 

We are informed of and we fully understand the risks and benefits of non-immunization for our child. We swear that all of the foregoing statements are true to the best of our information, knowledge, and belief.

Parent ________________________ Date _________

 

Subscribed and Sworn before me this _____ day of ___________, 200_. 



 


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#54 of 59 Old 08-13-2013, 04:39 PM
 
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My daughter is in the 6th grade, my son in the 10th grade and I have never had this problem before. I must repeat...If your kids are immunized then why are you so scared mine are going to infect yours? Last year my exemption form was denied ?!?!?! I put some crazy stuff on there to sound like a religious nut...It was all true I guess lol. But the scriptures I threw in there were maybe a bit much for them.I didnt know what to put tho, this was the first time I had to explain what it is that I believe so it could be approved or denied????? Ugh...I cant tell you how upset I was...ready to pack up n head out to another state lol ! I ended up having to write an appeal letter which WAS accepted. Thank God ! This is what Im sending off this year...Im hoping n praying that it is accepted. Maybe there is something off of mine that somebody can use. 

 

 

Dear School Officials and or State Health Officials,

In accordance with New Mexico Statutes and Codes, Section 24-5-3, regarding exceptions to immunization requirements, we hereby certify that the administration of vaccine and other immunizing agents to our child, Jade Krimminger, conflicts with the tenets and practice of our religion, of which we are adherents. We hold our beliefs jointly with each other and others, which do not permit the administration of vaccine or other immunizing agent. We therefore request that our child be exempted from the school immunization requirements.

 

Let this letter also apply for religious exemption from the other state immunization requirements in accordance with the religious exemption provisions of New Mexico.

 

We are informed of and we fully understand the risks and benefits of non-immunization for our child. We swear that all of the foregoing statements are true to the best of our information, knowledge, and belief.

Parent ________________________ Date _________

 

Subscribed and Sworn before me this _____ day of ___________, 200_. 



 


_________________________


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#55 of 59 Old 08-13-2013, 05:32 PM
 
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I'm kind of worried that by posting this here on a public forum, especially with identifying information, you may be denied! You can get in and edit your posts if you agree. Your call, though. You might want to try one of the Facebook or Google groups referenced in this thread, so that you can bounce ideas around with fellow New Mexicans.

That's a dirty, dirty trick that your health dept. pulled. irked.gif Good luck!
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#56 of 59 Old 08-14-2013, 11:34 AM
 
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I'm kind of worried that by posting this here on a public forum, especially with identifying information, you may be denied! You can get in and edit your posts if you agree. Your call, though. You might want to try one of the Facebook or Google groups referenced in this thread, so that you can bounce ideas around with fellow New Mexicans.

That's a dirty, dirty trick that your health dept. pulled. irked.gif Good luck!

I agree - take out your kids name!!!!

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If the people let government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny." Thomas Jefferson.

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#57 of 59 Old 08-14-2013, 11:34 AM
 
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I'm kind of worried that by posting this here on a public forum, especially with identifying information, you may be denied! You can get in and edit your posts if you agree. Your call, though. You might want to try one of the Facebook or Google groups referenced in this thread, so that you can bounce ideas around with fellow New Mexicans.

That's a dirty, dirty trick that your health dept. pulled. irked.gif Good luck!

I agree - take out your kids name!!!!

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If the people let government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny." Thomas Jefferson.

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#58 of 59 Old 08-21-2013, 06:28 PM
 
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I sent mine in already for this school year and they changed the form. Instead of having you write out your reasoning (which, let's face it, just about everyone spewed back their own statement at them) they have 3 boxes you check. One of them being "NMAC 7.5.3.8, and I hereby certify that my religious beliefs, held either individually or jointly with others, do not permit the administration of vaccine or other immunizing agents." All you have to do is check that. I got mine back within 2 weeks approved. Good luck with yours this year!

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#59 of 59 Old 08-30-2013, 11:39 AM
 
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Athenalove46, this is interesting because I sent my form in in July and still had to fill exactly what my religious belief was.  It was approved.  And after reading your post I did an online search for the form and again found the form I filled out that asked for the religious belief, but then, after further searching, I did find the new form.

http://www.immunizenm.org/documents/CertificateofExemption7-8-13.pdf

Good to know.  Hopefully that will still be around next year.  I think I filled out my form in very early July, so perhaps this new form wasn't even out yet, or maybe I just missed it the first time around.  Anyway, thanks for the info.

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