DOCSLIB.ORG

The Role of State Medical Boards in Regulating Physician Participation in Executions

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Role of State Medical Boards in Regulating Physician Participation in Executions THE ROLE OF STATE MEDICAL BOARDS IN REGULATING PHYSICIAN PARTICIPATION IN EXECUTIONS Ty Alper ABSTRACT tributed to an increased call for the involvement in execu- The recent increase in calls for physician participation in tions of trained medical professionals, namely physicians. lethal injection executions is likely to place a spotlight on state medical boards, the only entities empowered to dis- Indeed, lawyers for death row inmates routinely argue that cipline doctors for ethical violations. This article begins skilled anesthetic-monitoring is an essential component of by recounting the history of physician participation in a constitutional three-drug execution protocol, particular- lethal injection executions, as well as the opposition of ly where one of the three drugs is a neuromuscular block- most medical professional organizations to the practice. ing agent that paralyzes the condemned inmate during the The current state of the law suggests, however, that the execution. Doctors are also necessary when peripheral ve- role of state medical boards is quite circumscribed, at nous access is too difficult to achieve; gaining intravenous least in the majority of states with death penalty statutes access through a central line in most instances requires that appear to contemplate some level of physician par- a physician. Many states do employ doctors in various ticipation in executions. In order to further determine capacities, though few, if any, rely on doctors to perform the legality of medical board action, a comprehensive the kind of anesthetic monitoring requested by lawyers for study was conducted of the statutes and regulations gov- death row inmates. Other states, however, resist calls for erning state medical boards in all 50 states. The study physician participation, claiming that doctors are unable reveals that only a handful of states – and only seven to participate and any court order that they do so will lead death-penalty states – explicitly incorporate the AMA’s to a de facto moratorium on the death penalty. ethical guidelines into their own state ethical codes. The study concludes by suggesting that, where doctors who State medical boards find themselves in the middle of this participate in executions are doing so in order to relieve political and legal debate, yet the boards have thus far fa- pain and suffering, it is not clear that a state medical vored a decidedly hands-off approach. The vast majority board should intervene even in the rare instance when it have declined to take an explicit public position on the would be legally possible to do so. right of doctors to participate in executions and few, if any, have seriously investigated complaints of physician partici- INTRODUCTION pation that have been brought to their attention. In recent years, two related phenomena have contributed to the growing debate about physician participation in Recent events, however, suggest that calls for medical executions in the United States. First, legal challenges to board action may increase. Earlier this year, for example, a states’ lethal injection practices have raised serious ques- national abolitionist organization founded by Sister Helen tions about the qualifications of execution team members Prejean launched a campaign to persuade medical licens- to perform lethal injections using medical equipment and ing boards in each state to declare it unethical for doctors dangerous controlled substances. Second, a series of high- to participate in executions. The stated goal of the cam- profile botched executions and one botched execution at- paign is to “make it impossible for states to carry out their tempt have further exposed lethal injections as far more own protocols for capital punishment.”1 problematic and prone to error than most people had pre- viously assumed them to be. These phenomena have con- As calls for medical board involvement increase, the need page 16 journal of medical licensure and discipline vol 95 number 3 2009 for legal clarity on the medical boards’ role is apparent. States generally do not dispute that an un-anesthetized ex- This article begins by recounting the history of physician ecution – using these particular drugs – would constitute participation in lethal injection executions, as well as the cruel and unusual punishment under the Eighth Amend- opposition of most medical professional organizations to ment.6 Lawyers defending states’ lethal injection proce- the practice. The ethical guidelines of those membership dures do dispute, however, how likely it is that the delivery organizations, however, are not themselves enforceable. of the first drug, the anesthetic, will somehow go awry, and Only the state medical boards have the power to discipline this is typically where the question of the participation of doctors for alleged ethical violations. The article next stud- medical professionals enters the equation. ies the current legal landscape with respect to the role of state medical boards in disciplining doctors who partici- Lawyers for death row inmates have generally taken the pate in executions. The current state of the law suggests position that, given the degree of skill needed to adequate- that, in most instances, the role of state medical boards is ly deliver, monitor, and maintain anesthesia, as well as the quite circumscribed, at least in the majority of states with widely publicized problems with the administration of an- death penalty statutes that appear to contemplate some esthesia in the lethal injection setting, states that insist on level of physician participation in executions. In those using the three-drug formula must employ the services of states, courts are likely to conclude that the medical board highly-trained medical personnel – often, but not always, does not have legal authority to discipline doctors who par- doctors – in order to ensure that the risk of severe pain to ticipate in lawful, state-sanctioned executions. Moreover, the person being executed does not become “substantial.”7 a comprehensive study of the statutes and regulations gov- If the states do not want to employ medical professionals, erning state medical boards in all 50 states reveals that only the argument goes, they should switch to a different proto- a handful of states – and only seven death-penalty states col for lethal injections that would not require skilled anes- – explicitly incorporate the AMA’s ethical guidelines into thetic monitoring.8 However, as long as states insist on the their own state ethical codes. Finally, despite the positions three-drug formula, the litigation position taken by lawyers of most national medical associations, there are compel- for death row inmates is that only the supervision of quali- ling reasons for medical boards to refrain from intervening fied medical personnel can reduce the risk of severe pain in this debate. Where doctors who participate in execu- to a constitutional level.9 tions are doing so in order to relieve pain and suffering, it is not clear that a state medical board should intervene Lawyers representing states and defending the lethal in- even in the rare instance when it would be legally possible jection status quo, however, have resisted mandated physi- to do so. cian participation on the grounds that doctors are unable to participate. “The goal of death penalty opponents,” BACKGROUND claimed a spokesman for the California Attorney General States that employ lethal injection typically use a three- in 2006, “is to get a court order that says that lethal injec- drug formula to carry out executions. The first drug in the tions can only be administered by licensed professionals, formula is intended to anesthetize the inmate; the second because the ethics of medical professionals prohibit them one paralyzes the inmate; and the third drug stops the in- from participating.”10 mate’s heart, killing him or her.2 One primary legal chal- lenge to this method rests on the allegation that most states The argument that a physician participation requirement do not employ adequate safeguards to ensure that the per- would lead to abolition of the death penalty has surface son being executed is properly anesthetized before the sec- appeal because several national medical associations have ond and third drugs are administered.3 Because the second expressed their belief that physicians should not partici- drug in the three-drug formula paralyzes the inmate, the pate in executions. The American Medical Association concern is that an inadequately anesthetized person “may (AMA) has, since 1980, declared the participation of doc- have the sensation of paralysis without anesthesia . and tors in executions to be a clear violation of medical eth- may feel the burning of the highly concentrated” third ics. The AMA’s policy, last updated in 2005, defines “par- drug, potassium chloride.4 In such a state, the paralyzed ticipation” broadly, to include even “consulting with or inmate is unable to indicate to correctional staff that he or supervising lethal injection personnel.”11 The American she is experiencing the suffocating effects of the paralyzing Society of Anesthesiologists (ASA) adopted the AMA po- drug and the excruciatingly painful effects of the potas- sition, and its then-president advised members to “steer sium chloride.5 clear” of participation in lethal injections.12 The So- journal of medical licensure and discipline vol 95 number 3 2009 page 17 ciety of Correctional Physicians has for years dictated that cause of state laws that shield the identities of doctors and the “correctional health professional shall . not be in- restrict public access to lethal injection protocols.20 As a re- volved in any aspect of execution of the death penalty.”13 sult of these laws, it is very likely that doctors participate in The media has well documented the positions of these executions to a far greater extent than is currently known. national organizations.14 However, in addition to the anonymous participating doc- tors interviewed for a New England Journal of Medicine The AMA’s position on physician participation is not, how- article in 2006,21 recent litigation challenging lethal injec- ever, legally enforceable.
Load more

Recommended publications
  • The Truth About Physician Participation in Lethal Injection Executions*
    THE TRUTH ABOUT PHYSICIAN PARTICIPATION IN LETHAL INJECTION EXECUTIONS* TY ALPER** Recent court rulings addressing the constitutionality of states' lethal injection procedures have taken as a given the faulty notion that doctors cannot and will not participate in executions. As a result, courts have dismissed the feasibility of a remedy requiring physician participation, and openly expressed suspicion of the motives of lawyers who would propose such a remedy. This Article exposes two myths that have come to dominate the capital punishment discourse: first, that requiring physician participationwould grind the administrationof the death penalty to a halt because doctors cannot participate; and second, that advocating for such a requirement is a disingenuous abolitionist strategy as opposed to a principled remedial argument. As this Article demonstrates through a review of available research and recent litigation, doctors can, are willing to, and in fact do regularly participatein executions, though often not in the manner necessary to ensure humane executions. Lawyers for death row inmates have argued that skilled anesthetic monitoring by trained medical professionals is a necessary component of a constitutional three-drug lethal injection protocol. In response, state officials have strategically emphasized the positions of national medical associations (the ethical guidelines of which are not binding on doctors) and exaggerated their inability to * © 2009 Ty Alper. ** Associate Director, Death Penalty Clinic, University of California, Berkeley, School of Law. Thanks for their criticism and advice to Ginger Anders, Eric Berger, Tess Bolder, Jeff Brand, Laura Burstein, Deborah Denno, Richard Dieter, Laurel Fletcher, Christopher Lasch, Megan McCracken, Alice Miller, Jennifer Moreno, Erin Murphy, Charlie Press, Elisabeth Semel, Steve Shatz, Giovanna Shay, Tamar Todd, Kate Weisburd, Dr.
    [Show full text]
  • UNWILLING EXECUTIONERS? Where and Why Do Some Doctors Still Help Carry out the Death Penalty? Sophie Arie Reports
    DEATH PENALTY UNWILLING EXECUTIONERS? Where and why do some doctors still help carry out the death penalty? Sophie Arie reports ethal injection is now the main method of In 2009, death penalty opponent Sister Helen nection to their local prisons. In a rare report, in execution in China and the United States, Prejean, known for her book Dead Man W alking, 2006, Dr Atul Gawande, American surgeon and the two countries that execute the highest began campaigning for medical boards to dis- writer, gathered testimonies from some partici- numbers of people. But the widespread cipline doctors who participate in executions, pating doctors. Dr Carlo Musso, an emergency use of lethal injection—seen as a medical believing this could ultimately make lethal injec- doctor, confirmed that his practice had taken up L and therefore more humane method of execution tion no longer a feasible option for states. But an $18 000 contract (£11 000, €13 000) to pro- than hanging, shooting, or electro cution—has when medical bodies have attempted to strike off vide a medical presence at executions in Georgia. meant that doctors have become more actively or discipline physicians who have participated in He provided cardiac monitoring and determina- involved in carrying out the death penalty than executions, they have been over-ruled by courts tion of death. Other colleagues helped with intra- they were in the past. in the states concerned. venous access. “As I see it this is an end of life The medicalisation of executions has put Some states, such as Georgia and North issue, just as with any other terminal disease.
    [Show full text]
  • PHYSICIAN, DO YOUR DUTY: the OBLIGATIONS of PHYSICIANS in STATE EXECUTIONS by Tricia Griffin, MFA
    PHYSICIAN, DO YOUR DUTY: THE OBLIGATIONS OF PHYSICIANS IN STATE EXECUTIONS by Tricia Griffin, MFA Michael Morales was sentenced to death in 1983 for the premeditated rape, torture, and murder of 17-year old Terri Winchell (People v. Morales, 1989). Twenty-five years passed before Morales was finally scheduled for Abstract execution, which would have taken place on February 21, 2006, save for a successful appeal. A week before Morales was scheduled to die, his legal The most common arguments for team convinced a judge that the State of California’s lethal injection and against physician participation protocols could subject Morales to cruel and unusual punishment (Morales v. in state executions focus on the Hickman, 2006a). duty of the physician. This article evaluates these arguments using At the time, the standard protocol for lethal injections in California was a Kant’s duty-based approach to three-tiered process that began with the anesthetic sodium thiopental to ethical decision-making. It will render the inmate unconscious, followed by pancuronium bromide to show that all of the prevailing paralyze the inmate and halt breathing, and finally a lethal dose of potassium arguments end in a philosophical chloride to induce cardiac arrest (Schwarzenegger and Tilton, 2007, p. 1)1. stalemate. I will further argue that Morales’ legal team argued that if the initial dose of anesthetic did not it is past time for physicians to turn sufficiently induce unconsciousness, Morales could be awake during the two the question around and demand a final phases of the procedure. This would mean he could experience more substantive discussion about suffocation from the paralytic agent and extreme pain from the potassium the duty-based roles of every chloride.
    [Show full text]
  • The Truth About Physician Participation in Lethal Injection Executions, 88 N.C
    NORTH CAROLINA LAW REVIEW Volume 88 | Number 1 Article 3 12-1-2009 The rT uth about Physician Participation in Lethal Injection Executions Ty Alper Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Ty Alper, The Truth about Physician Participation in Lethal Injection Executions, 88 N.C. L. Rev. 11 (2009). Available at: http://scholarship.law.unc.edu/nclr/vol88/iss1/3 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. THE TRUTH ABOUT PHYSICIAN PARTICIPATION IN LETHAL INJECTION EXECUTIONS* TY ALPER** Recent court rulings addressing the constitutionality of states' lethal injection procedures have taken as a given the faulty notion that doctors cannot and will not participate in executions. As a result, courts have dismissed the feasibility of a remedy requiring physician participation, and openly expressed suspicion of the motives of lawyers who would propose such a remedy. This Article exposes two myths that have come to dominate the capital punishment discourse: first, that requiring physician participationwould grind the administrationof the death penalty to a halt because doctors cannot participate; and second, that advocating for such a requirement is a disingenuous abolitionist strategy as opposed to a principled remedial argument. As this Article demonstrates through a review of available research and recent litigation, doctors can, are willing to, and in fact do regularly participatein executions, though often not in the manner necessary to ensure humane executions.
    [Show full text]
  • Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship Paul J
    University of Missouri School of Law Scholarship Repository Faculty Publications Spring 2013 Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship Paul J. Litton University of Missouri School of Law, [email protected] Follow this and additional works at: http://scholarship.law.missouri.edu/facpubs Part of the Criminal Law Commons, Criminal Procedure Commons, and the Medical Jurisprudence Commons Recommended Citation Paul Litton, Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship, 41 J.L. Med. & Ethics 333 (2013). This Article is brought to you for free and open access by University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. Legal Studies Research Paper Series Research Paper No. 2013-13 Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship Paul Litton 41 Journal of Law, Medicine, & Ethics 333 (2013) This paper can be downloaded without charge from the Social Sciences Research Network Electronic Paper Collection at: http://ssrn.com/abstract=2286788 Citation: 41 Journal of Law, Medicine, & Ethics 333 (2013) Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship Paul Litton Over the past several years, the most widely publicized issue in capital litigation has been the constitutional status of states’ lethal injection protocols. Death row inmates have not challenged the constitutionality of lethal injection itself, but rather execution protocols and their potential for maladministration.
    [Show full text]
  • Firstyear Reader
    First Year Reader Student Essays | Spring 2020 Department of English College of Arts and Sciences 2 Table of Contents Page Editor’s Note 4 Writing 101 I. Comparisons 1. Angarebs and Assumptions, Ibtihal Kama 5 2. OOEHS Meets AUS, Mahira Pathan 8 3. Nablus or Ramallah? Tala Al Abweh 11 4. Sunday Mornings vs. Thursday Nights, Hind Al Habtour 14 5. Double Standards in India, Nadia Altaf 17 II. Cause/Effect 1. Causes of this Killer Virus, Hamad Al Hammadi 20 2. Haitian Earthquake’s Causes, Saud Al Mutawa 23 3. AUS Student Stress, Khalid Ali 26 4. Silence, Violence, and Money: Key Factors Behind Marital Disruption, Nadia Altaf 29 5. The Curious Case of Hannah: A Causal Analysis Essay on Factitious Disorder, Danyah Khan 33 III. Advertising Analysis 1. Smoking Kills the Ocean, Ramzi Al Sharawi 36 2. Feel Right at Home, Tala Abweh 39 3. Adopt Today, Furat Abdeljaber 42 4. Saving Sonja, Mahira Pathan 46 IV. Genre Analysis 1. Packaging Personal Care, Janainah Anam 49 2. Nike: Buying a Lifestyle? Youmna Enein 52 3. Sci-Fi Book Covers, Chris Spyropoulos 56 V. Introduction to Argument 1. Blackfish: Dark Side of Sea World, Syeda Maria Raza 60 2. Conspiracy Theories, Yusra Hassan 63 3. Animal Testing May not Be ‘Bad’ After All! Saud Al Mutawa 66 4. The School Uniform: A Stifling Unity, Nadia Altaf 70 VI. Reflection 1. Hidden Lessons in the Midst of Chaos, Shireen Ahmad 74 Writing 102 I. Reader Response 1. Love Will Always Win! Tala Al Abweh 77 2. Becoming Human, Mahira Pathan 80 II.
    [Show full text]
  • Finding Aid Was Produced Using Archivesspace on September 28, 2021
    Bonowitz, Abraham J.; Papers This finding aid was produced using ArchivesSpace on September 28, 2021. M.E. Grenander Department of Special Collections & Archives Bonowitz, Abraham J.; Papers Table of Contents Summary Information .................................................................................................................................... 3 Biographical History ...................................................................................................................................... 3 Scope and Contents ........................................................................................................................................ 4 Arrangement of the Collection ...................................................................................................................... 5 Administrative Information ............................................................................................................................ 5 Controlled Access Headings .......................................................................................................................... 6 Collection Inventory ....................................................................................................................................... 6 Communications .......................................................................................................................................... 6 Inmate Correspondence and Research .....................................................................................................
    [Show full text]
  • When Law and Ethics Collide — Why Physicians Participate in Executions Atul Gawande, M.D., M.P.H
    The NEW ENGLAND JOURNAL of MEDICINE Perspectivemarch 23, 2006 When Law and Ethics Collide — Why Physicians Participate in Executions Atul Gawande, M.D., M.P.H. n February 14, 2006, a U.S. District Court is- immediately and loudly opposed sued an unprecedented ruling concerning the such physician participation as a O clear violation of medical ethics California execution by lethal injection of murderer codes. “Physicians are healers, not Michael Morales. The ruling ordered that the state executioners,” the ASA’s president told reporters. Nonetheless, in have a physician, specifically an ity that prisoners experienced suf- just two days, prison officials anesthesiologist, personally super- focation from the paralytic, a feel- announced that they had found vise the execution, or else drasti- ing much like being buried alive, two willing anesthesiologists. The cally change the standard proto- and felt intense pain from the court agreed to maintain their col for lethal injections.1 Under potassium bolus. This experience anonymity and to allow them to the protocol, the anesthetic sodi- would be unacceptable under the shield their identities from wit- um thiopental is given at massive Constitution’s Eighth Amendment nesses. Both withdrew the day be- doses that are expected to stop protections against cruel and un- fore the execution, however, after breathing and extinguish con- usual punishment. So the judge the Court of Appeals for the Ninth sciousness within one minute af- ordered the state to have an an- Circuit added a further stipulation ter administration; then the par- esthesiologist present in the death requiring them personally to ad- alytic agent pancuronium is given, chamber to determine when the minister additional medication if followed by a fatal dose of potas- prisoner was unconscious enough the prisoner remained conscious sium chloride.
    [Show full text]
  • Executioner Identities: Toward Recognizing a Right to Know Who Is Hiding Beneath the Hood
    EXECUTIONER IDENTITIES: TOWARD RECOGNIZING A RIGHT TO KNOW WHO IS HIDING BENEATH THE HOOD Ellyde Roko* INTRODUCTION The doctor had more than twenty malpractice suits filed against him.1 Two hospitals had revoked his privileges.2 He testified that he had dyslexia and sometimes confused drug dosages.3 This same doctor also supervised the lethal injections of fifty-four inmates in Missouri over a decade.4 For ten years, the public, the press, and the condemned inmates themselves did not know about the supervising executioner’s qualifications in Missouri.5 In a federal lawsuit challenging the state’s implementation of lethal injection, the Department of Corrections refused to reveal any information about execution team members until a magistrate judge issued a protective order and required team members to answer interrogatories.6 Once the case reached the district court, the judge did not allow testimony because of time constraints.7 The doctor whose problem-plagued history * J.D. Candidate, 2008, Fordham University School of Law; Bachelor of Science in Journalism, 2003, Northwestern University, Medill School of Journalism. I am incredibly grateful to Professor Deborah W. Denno for her invaluable guidance, support, and encouragement on this Note. I also would like to thank Professor Abner Greene and Dr. Mark Heath for their feedback on earlier drafts, and Bill Fish, Karen Kaiser, and Karl Olson for their assistance in obtaining documents. 1. Jeremy Kohler, Behind the Mask of the Execution Doctor: Revelations About Dr. Alan Doerhoff Follow Judge’s Halt of Lethal Injections, St. Louis Post-Dispatch, July 30, 2006, at A1. 2.
    [Show full text]
  • Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship Paul J
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Missouri School of Law University of Missouri School of Law Scholarship Repository Faculty Publications Spring 2013 Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship Paul J. Litton University of Missouri School of Law, [email protected] Follow this and additional works at: http://scholarship.law.missouri.edu/facpubs Part of the Criminal Law Commons, Criminal Procedure Commons, and the Medical Jurisprudence Commons Recommended Citation Paul Litton, Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship, 41 J.L. Med. & Ethics 333 (2013). This Article is brought to you for free and open access by University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. Legal Studies Research Paper Series Research Paper No. 2013-13 Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship Paul Litton 41 Journal of Law, Medicine, & Ethics 333 (2013) This paper can be downloaded without charge from the Social Sciences Research Network Electronic Paper Collection at: http://ssrn.com/abstract=2286788 Citation: 41 Journal of Law, Medicine, & Ethics 333 (2013) Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship Paul Litton Over the past several years, the most widely publicized issue in capital litigation has been the constitutional status of states’ lethal injection protocols.
    [Show full text]
  • Executioner Identities: Toward Recognizing a Right to Know Who Is Hiding Beneath the Hood
    Fordham Law Review Volume 75 Issue 5 Article 19 2007 Executioner Identities: Toward Recognizing a Right To Know Who Is Hiding Beneath the Hood Ellyde Roko Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Ellyde Roko, Executioner Identities: Toward Recognizing a Right To Know Who Is Hiding Beneath the Hood, 75 Fordham L. Rev. 2791 (2007). Available at: https://ir.lawnet.fordham.edu/flr/vol75/iss5/19 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. Executioner Identities: Toward Recognizing a Right To Know Who Is Hiding Beneath the Hood Cover Page Footnote J.D. Candidate, 2008, Fordham University School of Law; Bachelor of Science in Journalism, 2003, Northwestern University, Medill School of Journalism. I am incredibly grateful to Professor Deborah W. Denno for her invaluable guidance, support, and encouragement on this Note. I also would like to thank Professor Abner Greene and Dr. Mark Heath for their feedback on earlier drafts, and Bill Fish, Karen Kaiser, and Karl Olson for their assistance in obtaining documents. This article is available in Fordham Law Review: https://ir.lawnet.fordham.edu/flr/vol75/iss5/19 EXECUTIONER IDENTITIES: TOWARD RECOGNIZING A RIGHT TO KNOW WHO IS HIDING BENEATH THE HOOD Ellyde Roko * INTRODUCTION The doctor had more than twenty malpractice suits filed against him.' Two hospitals had revoked his privileges.2 He testified that he had dyslexia confused drug dosages.3 This same doctor also supervised and sometimes 4 the lethal injections of fifty-four inmates in Missouri over a decade.
    [Show full text]
  • Journal Andd Discipline
    A Publication of the federation of state medical boards OF THE UNITED STATES IN THIS ISSUE: of JJoouurrnnaall of Legal Issues Medical Regarding LLiicceennssuurree Unlicensed Health Care and Practices and DDiisscciipplliinnee Nutritional Supplements the role of state medical boards in regulating physician participation in executions MEDICAL STUDENT SUBSTANCE ABUSE INTERVENTION volume 95 number 3 2009 contents quote . .1 information for authors . 2 message from the chair . 3 message from the president and ceo . 5 legal issues regarding unlicensed health care practices and nutritional supplements Bruce W. McIntyre, J.D., Alexandra O. Binek, Stephanie S. DelPonte, Eric Greenberg . 9 the r ole of state medical boards in regulating physician participation in e xecutions Ty Alper . 16 medical student substance abuse intervention: a case report and literature review, Daniel M. Avery, M.D., Gabriel H. Hester, M.D., Rane McLaughlin, M.D., and Gregory E. Skipper, M.D. 27 from our international exchanges . 36 from our member board exchanges . 39 medicolegal decisions . 43 JOURNAL OF MEDICAL LICENSURE AND DISCIPLINE Published Continuously Since 1915 Volume 95, Number 3, Fall 2009 All articles published, including editorials, letters and book reviews, represent the opinions of the authors and do not necessarily reflect the official policy of the Federation of State Medical Boards of the United States Inc. or the institutions or organizations with which the authors are affiliated unless clearly specified. Editor-in-Chief FSMB Officers Subscriptions and Correspondence William E. Wargo, J.D., M.S.W. Chair: Martin Crane, M.D. Subscriptions and correspondence about Chair-elect: Freda M. Bush, M.D. subscriptions should be addressed to Editorial Committee Treasurer: James M.
    [Show full text]