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

Abstract

ABSTRACT The recent increase in calls for physician participation in lethal injection executions is likely to place a spotlight on state medical boards, the only entities empowered to discipline doctors for ethical violations. This article begins by recounting the history of physician participation in lethal injection executions, as well as the opposition of most medical professional organizations to the practice. The current state of the law suggests, however, that the role of state medical boards is quite circumscribed, at least in the majority of states with death penalty statutes that appear to contemplate some level of physician participation in executions. In order to further determine the legality of medical board action, I conducted a comprehensive study of the statutes and regulations governing state medical boards in all 50 states. The study concludes that only a handful of states – and only seven death-penalty states – explicitly incorporate the AMA's ethical guidelines into their own state ethical codes. I conclude by suggesting that, where doctors who participate in executions are doing so in order to relieve pain and suffering, it is not clear that a state medical board should intervene even in the rare instance when it would be legally possible to do so.