Who is being tortured?

There is a new controversy that has been escalating over the past several months and more states are getting involved. The question may become “who is really being unduly punished, the criminal or the family?”

The controversy is over imposing the death penalty in states that utilize lethal injection as the primary method. Most of these states require a physician to minimally monitor vital signs through the process, but the American Medical Association's (AMA) code of ethics insists that it is unethical for a physician to participate in an execution even though they take no active stance on abortion, partial birth abortion, etc.

This has caused many states to stay executions because they cannot get physicians to participate in fear of sanctions by their states licensing boards.

Examples of a few cases are:

In North Carolina, Allen Holman admits he murdered his estranged wife after he chased her down at high speeds and rammed her car from behind, then gunned her down in a convenience store parking lot in front of a police officer. He dropped his appeals, fired his lawyers, and has repeatedly asked the state to impose his death sentence.

The State’s medical board says it will discipline any doctor who participates calling physician participation in executions unethical.

In Missouri state officials sent letters last year (and got no volunteers) to 298 certified anesthesiologists, asking for technical oversight at the execution of death row inmate Michael Taylor. He kidnapped, raped and murdered a 15 year old after abducting her while waiting for the school bus. Taylor’s execution was stayed.

In California last year, a federal judge ordered that anesthesiologists be present at the execution of Michael Morales, an inmate convicted of raping and killing a 17-year-old girl. In this case, two doctors volunteered, but later backed out because of possible sanctions. Morales' execution was also stayed and the death penalty is still under review in California.

In some states, doctors can face legal action if they participate. There are private and political groups on both sides fighting for and against the issue. Even though the AMA code of ethics has no legal binding, many physician organizations and state boards adhere to the guidelines.
North Carolina has now halted 5 executions since they stated earlier this year that they would discipline any physician who participated.

Legal questions arise because medical boards are appointed state agencies and not law-making bodies and executions are not illegal. Therefore, just like abortions, physician participation is consistent with the current law. Another argument is that there are no other legal activities State Boards prohibit a physician from participating in making this an apparent “double standard”.

The Department of Corrections in North Carolina is currently suing the North Carolina Medical Board and wants the judge to prohibit the agency from disciplining doctors over this issue. In Oklahoma and Georgia, they have proactively passed laws to protect physicians over this issue. Other states are also considering legislation to protect physicians before there is an issue.