59Change of PMP after final request made

59 Change of PMP after final request made

(1)  If a person who was a person’s PMP –

(a) has, after receiving a final request from the person, determined the request by determining that the person is eligible to access voluntary assisted dying; and

(b) has ceased to be the PMP in relation to the person –

a person who is the person’s CMP and who has determined under section 55(a) that the person is eligible to access voluntary assisted dying may apply to the Commission to become the person’s PMP for the purposes of section 16 and Part 16 and in respect of so much of the voluntary assisted dying process as has not occurred in relation to the person.

(2)  The Commission may, after receiving an application under subsection (1) , determine that the person’s CMP is to become the person’s PMP for the purposes of section 16 and Part 16 and in respect of so much of the voluntary assisted dying process as has not occurred in relation to the person.

(3)  The Commission must not make a determination under subsection (2) that a person’s CMP is to become the person’s PMP unless the Commission is satisfied that –

(a) a person has ceased to be the person’s PMP; and

(b) the person agrees to the CMP becoming the person’s PMP.

(4)  If the Commission has determined under subsection (2) that a person’s CMP is to become the person’s PMP, the Commission must notify the CMP and the person of the determination.

(5)  If the Commission has determined under subsection (2) that a person’s CMP is to become the person’s PMP, the CMP becomes the person’s primary medical practitioner (the person’s PMP) for the purposes of section 16 and Part 16 and in respect of so much of the voluntary assisted dying process as has not occurred in relation to the person.