The disclosure requirement here goes well beyond simply making info available -- the physician is obliged by the statute to make sure that the patient reads and understands the disclosure. So, the hypo you put forth would clearly get doctor charged... Of course, how does the state prove the offense -- if the doctor has all the signed forms, then the patient has a difficult case to make in claiming she didn't get the full disclosure... this brings to mind the difference between procedural due process and substantive due process.

Can the doctor even go so far as to say I think this is crap, but you must read it anyway,.. If the Circuit's opinion stands, then the doctor doesn't even have room to tell the patient he thinks the disclosure is medical nonsense -- the majority is of the opinion that the legislature drafted a disclosure that is truthful and nonmisleading, and doctors can't say otherwise to their patients... Again, I don't see how this can be enforced where a doc at least makes sure all the paperwork is in order...

I think the statute is illegitimate...