The legislation doesn't preclude someone with an underlying mental health challenge from access to physician-assisted dying if they have a physical condition—and I think that's absolutely right. But why not include a safeguard along the lines of saying that if a physician identifies that a patient has an underlying mental health condition, they be referred to a psychiatrist? The psychiatrist would undertake an evaluation and provide a report verifying that the person does have the capacity to consent.
That would seem to be a pretty simple safeguard that would go a long way to protecting vulnerable persons.