Ohio wants doctors to assist with executions
Written by ANDREW WELSH-HUGGINS, AP Legal Affairs Writer   
Thursday, 14 February 2013 17:24

COLUMBUS, Ohio (AP) — Doctors and other medical professionals should be allowed to help put condemned Ohio inmates to death to promote "a humane execution" and state law should be changed to protect them from professional sanctions if they offer such assistance, the lawyer for Ohio's prisons agency said Thursday.

Legislation may also be needed to protect pharmacies that might mix a supply of Ohio's execution drug, and without such a law the state might not be able to obtain execution drugs in the future, said Gregory Trout, general counsel for the Ohio Department of Rehabilitation and Correction.

Trout made the surprise announcements to a state Supreme Court committee considering changes to Ohio's death penalty law. It's unclear if either issue is something the committee would deal with. Trout said he felt both were important enough to bring to the committee's attention.

He didn't say when the agency might request such legislation and the prisons department declined further comment.

The presence of a physician would help avoid problems in administering the execution drug and "would be desirable in promoting a humane execution," Trout told the committee. "But presently it is extremely unlikely that Ohio would find any such physician willing to do such a thing for fear of censorship or revocation of his license before the medical board."

Doctors are allowed to attend executions in Missouri but none have for several years. Two doctors are required at Georgia executions to determine when an inmate has died.

The only time a doctor participated in an Ohio execution in recent years was in 2009 when executioners asked a doctor to help as they tried unsuccessfully to execute inmate Romell Broom over about two hours. That execution was eventually called off and Broom remains on death row fighting a second attempt to put him to death.

Trout also said the state could run out of the means to put people to death with lethal drugs if pharmacies that can mix supplies of drugs — called compounding pharmacies — aren't protected from sanctions like losing their state accreditation. Ohio's current supply of pentobarbital expires in September, but several executions are scheduled after that.

Without such protection for compounding pharmacies, "Ohio may find itself unable to procure the drugs that are necessary for our agency to carry out court order to comply with the law," Trout said.

Enlisting such pharmacies raises legal issues around patents held by companies that make pentobarbital, said state public defender Tim Young. Lundbeck, the former supplier of the drug, banned its use in executions, limiting future supplies.

"It's like saying it's OK to break the law so we can execute people," Young said. "It's an ends justify the means problem. They don't. Find another drug manufacturer. Find something else."

___

Andrew Welsh-Huggins can be reached on Twitter at https://twitter.com/awhcolumbus.


Copyright 2013 The Associated Press.

 

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