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Mandatory Neuropsychological testing law for MD's over 65?

70 year old doctors can have severe memory issues, be stubborn and have difficulty passing neuropsychological exams. They should be tested as part of their medical license renewal, especially in a case like this one where the doctor suffered a previous stroke. Is he a criminal if his brain tells him he has a license to write prescriptions?
Quote from NY Times "Even after the hospital reported the doctor to the Medical Board of California, he continued to perform operations for four years until the board finally referred him for a competency assessment at the University of California, San Diego"
http://www.nytimes.com/2011/01/25/health/25doctors.html

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