I'm not sure there's any way to cure the conditionality, because in many patients this simply won't be an issue. This is a fact or a safeguard that would apply in some cases, but not in all cases. By it's very nature, I think it's conditional on the facts of the case. It may be entirely sensible from a health law point of view, but from a criminal law point of view, the committee has to ask who the obligation is on, and when it is on them. Is it on the physician, in order for them to feel confident that they will not be incurring criminal liability when they provide medical assistance in dying? How many steps do they have to take to ascertain whether this contingent circumstance exists or doesn't exist? If they simply make a reasonable guess about it, will someone have to challenge them on that afterwards?
Anything that is conditional in this context is inherently problematic from a criminal law point of view, unless you're very clear about....
It's stated in the objective. If this circumstance exists objectively in the world, it's not stated in terms of where the physician or the nurse practitioner believes this might reasonably be the case. We usually strive for that kind of clarity about subjective mental states in criminal law drafting.