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Implementing any mandatory FAEE screening policy, or a selective or universal policy without room for an informed refusal or deferral, would be contrary to current Canadian legal principles regarding informed consent and would, in fact, infringe upon the section 7 Charter rights of women.
For parents who refuse newborn screening in British Columbia for example, "Informed Refusals" and "Informed Deferrals" exist, to be completed by a discharging health professional and included in hospital records, so as to mitigate against liability.
But given that he didn't--for reasons that in hindsight are fairly easy to understand and have as much to do with the physician and the system as with the patient--the physician must honor his competent, informed refusal
The issue of informed refusal was used in a 1996 trial, about 20 years after the doctrine was first recognized in California.
Four other states besides California have considered legislation regarding informed refusal: Nevada, Vermont, and Michigan have passed laws recognizing its existence, and Mississippi recognized the concept even though an informed refusal bill was defeated in the legislature.
Informed refusal is embodied in court decisions in other states.
You should not feel compelled to say, "Fine, but you could die of breast cancer if you don't have this done." The informed refusal discussion should occur when a patient makes it clear that she has rejected your recommendation.
To advocate informed consent without informed refusal is, on this view, to entirely gut the former of all significance.
Given the widespread endorsement of Mill's strong antipaternalism, an individual's informed refusal of lifesaving medical care is presumably beyond the purview of the liberal state and its courts and committees.