108When CMP ceases to be CMP

108 When CMP ceases to be CMP

(1)  A person (the relevant person) ceases to be a person’s CMP if –

(a) the relevant person dies; or

(b) the relevant person ceases to be able to carry out the functions of a CMP by reason of loss of mental or physical capacity; or

(c) the relevant person ceases to be an authorised medical practitioner in relation to the person; or

(d) the person’s PMP is –

(i) a member of the family of the relevant person; or

(ii) employed by, contracted directly or indirectly by, or working under the supervision of, the relevant person; or

(iii) a person who is the employer of, has a direct or indirect contract with, or is a supervisor of, the relevant person; or

(e) the relevant person notifies the Commission under subsection (2) ; or

(f) the voluntary assisted dying process ends in relation to the person under section 51 and the relevant person has complied with section 50(1) ; or

(g) the voluntary assisted dying process ends in relation to the person under section 103(3) ; or

(h) the person in relation to whom the person is a CMP dies; or

(i) the relevant person is notified by the PMP under section 16(4)(c) or section 16(6)(b) that the person no longer wishes to access voluntary assisted dying.

(2)  A person’s CMP may, at any time before the CMP makes a determination under section 47 in relation to the person, notify, in writing –

(a) the person’s PMP, if any; and

(b) the Commission –

that the medical practitioner is to cease to be the person’s CMP.

(3)  A person’s PMP may, in writing, advise a medical practitioner who is the person’s CMP that the medical practitioner has ceased to be the person’s CMP in relation to the person.