Why It’s O.K. for Doctors to Participate in Executions

New York Times

Sandeep Jauhaur

On Thursday, Arkansas executed a 51-year-old convicted murderer named Ledell Lee, the first of four prisoners the state intends to execute by the end of the month. That would set a pace rarely if ever matched in the modern history of American capital punishment. The state’s rationale for its intended spree is morbidly pragmatic: The stock of one of its three execution drugs, the sedative midazolam, will expire at the end of April.

The three drugs in Arkansas’s execution protocol — midazolam; vecuronium bromide, a paralytic used during surgery that halts breathing; and potassium chloride, which stops the heart — are administered intravenously. The execution procedure therefore requires the insertion of catheters, controlled injection of lethal drugs and monitoring of a prisoner’s vital signs to confirm death. This makes it important that a doctor be present to assist in some capacity with the killing. . . [Full text]

 

Illinois controversy about legislative overreach

 Catholic bishops withdraw opposition, others remain opposed

Confrontation centres on complicity

Sean Murphy*

 Introduction

Among American states, Illinois has the most comprehensive protection of conscience legislation, the Health Care Right of Conscience Act (HCRCA). In 2009 an attempt was made to nullify the Act with respect to abortion, contraception and related procedures by introducing HB 2354 (Reproductive Health and Access Act), but the bill died in committee two years later.1 Now it appears that the HRCA may be changed by Senate Bill 1564. Critics say the bill tramples upon physician freedom of conscience,2 while the bill’s supporters, like the American Civil Liberties Union (ACLU), claim that the bill is “about making sure no one is withholding information from the patient.”3

SB 1564 was actually drafted by the ACLU,3 but it was introduced by Illinois Senator Daniel Biss. He said that the amendments were partly in response to the case of a woman who was miscarrying over several weeks, but who was refused “diagnosis or options” in the hospital where she had sought treatment.4  Senator Bliss was apparently referring to the story of Mindy Swank, who testified before a Senate legislative panel about her experience.  The Illinois Times reported that she suffered “a dangerous, weeks-long miscarriage” because of the refusal of Catholic hospitals to provide abortions.5

Unfortunately, the Illinois Senate Judiciary Committee does not record or transcribe its hearings, and conflicting news reports make it difficult to determine exactly what happened at some critical points in her story.  Moreover, it appears that the Committee did not hear from the hospitals and physicians who were involved with Ms. Swank, so we are left with a one-sided account of what took place.6

Nonetheless, as a first step in considering the particulars of the bill and the controversy it has engendered, it is appropriate to review the evidence offered to support it.  We will begin with Mindy Swank’s testimony, even if some details are lacking, and then examine the experience of Angela Valavanis, a second case put forward by the ACLU to justify SB 1564.7  [Full Text]

Tunnel vision at the College of Physicians

National Post

Sean Murphy

The College of Physicians and Surgeons of Ontario has adopted a policy requiring physicians who have moral or ethical objections to a procedure to make an “effective referral” of patients to a colleague who will provide it, or to an agency that will arrange for it. In 2008, amidst great controversy, the Australian state of Victoria passed an abortion law with a similar provision.

After the law passed, a Melbourne physician, morally opposed to abortion, publicly announced that he had refused to provide an abortion referral for a patient. This effectively challenged the government and medical regulator to prosecute or discipline him. They did not. The law notwithstanding, no one dared prosecute him for refusing to help a woman 19 weeks pregnant obtain an abortion because she and her husband wanted a boy, not a girl.

They obtained the abortion without the assistance of the objecting physician, and they could have done the same in Ontario. College Council member Dr. Wayne Spotswood, himself an abortion provider, told Council that everyone 15 or 16 years old knows that anyone refused an abortion by one doctor “can walk down the street” to obtain the procedure elsewhere.

So why did the College working group that drafted the demand for “effective referral” urge College Council to adopt a policy that so clearly has the potential to make the College look ridiculous? . . .[Full text]

Pharmacists discouraged from providing meds for lethal injection

CNN

Debra Goldschmidt

CNN)The American Pharmacists Association is discouraging its members from participating in executions. On Monday, the group voted at its annual meeting to adopt a ban as an official policy, stating that “such activities are fundamentally contrary to the role of pharmacists as healthcare providers.”

This bolsters the association’s previous positions to oppose the use of the term “drug” for chemicals used in lethal injection and to oppose laws that require or prohibit pharmacists from participation in lethal injection cases. . . [Full text]

 

Trampled rights

Catholic Register (Editorial)

Requiring doctors to remain pillars of integrity while chipping at their moral underpinning is an odious contradiction. Yet that is what the College of Physicians and Surgeons of Ontario proposes with a draconian new policy that tramples on conscience and religious rights.

The provincial regulatory body disregarded the majority view of 16,000 public submissions, dismissed the opinion of the Ontario Medical Association and the American Medical Association, and rejected the policy of the Canadian Medical Association when it voted 21-3 to force doctors to refer patients who seek treatments that their own doctor won’t provide due to moral or religious convictions. . . [Full text]