State Sues Medical Board Over Death Penalty Policy

Raleigh, N.C. — The state Department of Correction filed suit Tuesday against the North Carolina Medical Board over the board's policy to discipline any physician who participates in an execution.

The board adopted the policy in January, contending that taking part in an execution would violate a doctor's ethical code of conduct. Any physician who violated the policy would face suspension of his or her license.

State law requires that a licensed physician be present at all executions to ensure that the condemned inmate doesn't suffer. But Central Prison Warden Marvin Polk stated in an affidavit that the new policy has made it impossible for prison officials to find a licensed physician to assist in executions.

"All licensed physicians I have contacted, including current employees of the North Carolina Department of Correction, have advised that they refuse to subject themselves to disciplinary action by the (medical) board for participating or otherwise being involved in a judicial execution," Polk said.

A Wake County judge last month halted several planned executions, ruling that the medical board's policy conflicted with the state law. State officials would need to adopt a new protocol to get around the policy, the judge said.

The Council of State subsequently adopted a new protocol that actually increased the role of physicians in executions. Previously, a nurse or emergency medical technician monitored the inmate's body function, but the new rules called for a doctor to handle those duties and to halt any execution if it appeared the prisoner was suffering.

The state is asking in the lawsuit that a judge rule an execution isn't a medical procedure, which would mean the medical board wouldn't have oversight over physicians taking part. The state also is seeking a permanent injunction prohibiting the board from disciplining any physician who participates in an execution.

The Department of Correction hopes to resolve the impasse in time to carry out the scheduled execution of Allen Richard Holman at 2 a.m. Friday.

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Look - if a doctor doesn't want to be there - pay me $100.00 - I'll even provide my own bullet!

SlantedFacts
March 10, 2007 8:04 p.m.

"i dont understand what the problem is here. a doctor to make sure the patient isn't suffering? they are on death row for a reason, who cares if they suffer."

Go watch (or re-watch) The Green Mile, and in particular observe Percy. That should just about answer your question.

mvnull
March 9, 2007 1:10 p.m.

i dont understand what the problem is here. a doctor to make sure the patient isn't suffering? they are on death row for a reason, who cares if they suffer. have the doc pronounce time of death and it's done with. stop all this bickering and wasting time and money.

sasuke
March 8, 2007 7:48 a.m.

A health care proxy has to act in the best interests of the patient. Sometimes, the authority is taken away from them when they don't act *for* the patient -- they are often relatives and may have a vested interest in the patient outcome.

Again, think what you are doing to now say that you don't have to act in the best interests of the patient. And, you can be sure that a change in law of this sort will have multiple unintended results -- and all it takes is a hot-shot lawyer to find a way to get away with murder.

mvnull
March 7, 2007 7:53 p.m.

The doctor is not participating in the executions.... he is jsut monitoring the person for signs of pain... Which is the same thing as a hospice Dr. I see what you are saying with the DNR BUT the state says that: "Do Not Resuscitate orders are typically established on the foundation of an advance directive from a person, or from someone who has been granted authority to make decisions on the patient’s behalf, like a health-care proxy..." If that is so Doesnt the state have authority to make the decisions which gives them the right to sign the paperwork....????

thrasher3
March 7, 2007 7:24 p.m.