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Court Judge Rules on Doctors and Executions

posted by shuang | 3:57pm Friday September 21, 2007

Associated Press
RALEIGH, N.C. – The North Carolina Medical Board overstepped its authority by threatening to punish physicians for participating in executions, a judge ruled Friday, striking down a policy that effectively triggered a moratorium on the state’s death penalty.
Superior Court Judge Donald Stephens said state law does not grant the medical board the right to prohibit doctors from assisting in executions.
“Although the current effort by the medical board to prohibit physician participation in executions may well be viewed as humane and noble, such a decision rests entirely with (elected officials),” Stephens wrote. “As of this date, the legislature has taken no such action.”
Stephens also ruled that executions are not a medical procedure.
The medical board, which licenses and disciplines doctors in North Carolina, threatened in January to punish any doctor who takes an active role in an execution. State law requires that a doctor be present during a lethal injection, and a federal judge demanded last year that a doctor oversee the process of putting an inmate to death.
Dale Breaden, a spokesman for the medical board, wouldn’t comment on the ruling, saying officials will discuss the details at their next meeting in mid-October.
“This is something we have to study to decide what reaction would be appropriate and what actions would be appropriate,” Breaden said.
The state had revised its lethal injection process in an attempt to satisfy the judge, requiring that a physician monitor “the essential body functions of the condemned inmate” and notify the warden if the inmate shows signs of “undue pain and suffering.”
Stephens’s action could be the first step toward untangling what Gov. Mike Easley has called a “Gordian knot” that has prevented North Carolina from executing a condemned inmate since August 2006. In the past year, the debate over the death penalty has involved at least two state agencies, several courts, the medical board and the Council of State, made up of Easley and nine other statewide elected officials.
Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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Comments read comments(12)
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Joey

posted September 21, 2007 at 5:01 pm


Let me begin by pointing out that I’m against capital punishment. However, the Medical Board is a state agency, and therefore must abide by state laws, which legalizes executions. If this was, for example, the North Carolina Association of Catholic Physicians, then they could make such a rule that no member can perform executions or abortions or whatever; but as a state institute in a state that legally allows executions, I really don’t see any justification, legally, for what they tried to do.
God bless.



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nnmns

posted September 21, 2007 at 10:58 pm


A noble effort. And who knows where an appeal might lead.
“Stephens also ruled that executions are not a medical procedure.”
Interesting. Even if they are monitoring “the essential body functions of the condemned inmate” to determine if he (or she) is in undue pain or suffering? I wonder how he reached that conclusion.



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jestrfyl

posted September 22, 2007 at 12:06 am


The mark of Cain remains on us as long as we prefer the word of Law to prevail over decency. Certainly these inmates were sentenced for cause – though even that may be questioned given the changes in forensic science. But we only compound the crime – and deter nothing – by continuing the killing. The are so many contradictions in this concept that the very notion of humane execution is the definition of oxyMORON.



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NightLad

posted September 22, 2007 at 6:49 am


Joey;
Physicians take an Oath to “do no harm.” Actively partaking in an execution does not get any more harmful to the patient. In fact, just about every Oath various physicians make includes a similar statement; to put the well being of their patient above all else.
Why should a Catholic physician’s religious convictions trump State Law, but the wider profession, that takes an Oath on par with the Catholic’s stand, at least in terms of adversely treating a healthy patient, should not?
On a side note: if any of those Catholic physicians you mentioned are paid in public funds, their religious convictions should be left at the door when they enter the hospital. That is my strong opinion, and with good cause.
In June of 2005, the Republican-controlled Michigan House of Representatives passed a measure that effectively allows doctors to refuse to treat gay, lesbian, bisexual and transgender patients, and pretty much anybody they didn’t like. The bill was called, the “Conscientious Objector Policy Act.” It is currently before the Senate, also Republican-controlled.
Isn’t it funny how the people who claim to love Christ the most, constantly act in direct opposition to his living examples? You know how many people he turned away.
I can’t help but wonder how many current supporters of the bill would continue their support if they thought for one second that their child may be refused treatment. Hm.



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Henrietta22

posted September 22, 2007 at 11:57 am


Nightlad, hadn’t heard about the “Conscientious Objector Policy Act.” for doctors to refuse to treat gay, lesbian, bisexul and transgender patients. That’s a shocker. It is unAmerican, and goes against the respect that everyone holds for the medical profession. Evidently they don’t think we are all equal in America. It is time America starts living their Constitution as it was conceived, and quit puting dents, and holes in it to match their narrow religious beliefs.



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nnmns

posted September 22, 2007 at 2:33 pm


It is a shocker. Some religious professionals are getting less and less professional; military chaplains who’ll treat only those who’ll listen to their brand of religion and pharmacists who’ll dispense only the medicines they like and now doctors who’ll only treat those whom they care to treat, and cowardly, ignorant legislators are enabling it.
Religion is a dangerous thing.



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NightLad

posted September 22, 2007 at 5:12 pm


nnmns,
Perhaps it would be more accurate to say, “Extremist fundamentalism is dangerous.” Such dangers are not limited to religion, and, in fairness, religion can inspire people to do wonderful things; from art, to literature, to acts of selfless compassion – such as the international Christian Blind Mission, or the Pagan Pride Day food-drives aimed at helping local communities.
Personally, I can’t overlook the good for the bad.



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jestrfyl

posted September 22, 2007 at 6:36 pm


NighLad
I hope we never dilute the wisdom that Religion is Dangerous. As with anything of value, there must always be risk. There is as much danger in complacency as there is in acting malevolently. But, like gambling, it is the risk that makes it more fun – and more prophetable – uh, profitable.



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nnmns

posted September 23, 2007 at 11:28 am


‘Perhaps it would be more accurate to say, “Extremist fundamentalism is dangerous.”’
There may well be religions that don’t have the capability of spawning extremist fundamentalists, but no big ones I’m aware of. So, while I acknowledge good things have also come out of religions (and reserve the right to claim they were done by good people who’d have done good things, anyway) the fact remains the major religions, at least, contain in their holy books all the venomous texts anyone needs to justify doing dangerous and hateful things.
So I stand by my claim religion is dangerous.



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Anonymous

posted September 23, 2007 at 8:23 pm


“North Carolina Association of Catholic Physicians”
Great line. Same tag line and philosophy can be applied to those pharmacists not wishing to dispense certain medications because it’s “against their religion.”



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Henrietta22

posted September 26, 2007 at 9:40 am


Just read on line that the American E. said they would show restraint in blessing new Gay Bishops, and would not give special prayers for gay unions. Religion is great, but organized Religion is sadly lacking, it seems. Best to practise it at home, and join another club.



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jestrfyl

posted September 26, 2007 at 12:22 pm


Henrietta
In all honesty, out of our frustration with over-organized religion my wife and I are seriously considering joing the local Parrothead Club. They accomplish more and have a far better time doing it than any church I’ve ever heard of – including the churches I serve(d). As long-time Parrotheads – we get to go see Brother Buffett on Nov 1(All Saints day & my birthday) – this seems to be an excellent way to work through our need for spiritual uplift (beer and song – you can’t go wrong) and good works. But as Jimmy says, “there is a thin line between Saturday Night and Sunday morning” – and it is while skating that thin line that I get my sermons written.
(Of course, he also wrote “My heads hurts, my feet stink, and I don’t love Jesus”, but we won’t be singing that in our congregation any time soon)



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