California law allows doctors to sit out prison executions

Most medical groups oppose doctor involvement in executions, but one survey shows that some doctors approve of such participation.

By Damon Adams, AMNews staff. Sept. 10, 2001.

A new California law says that physicians do not have to attend state executions of prisoners.

Previously, state law required the prison warden to invite two physicians to an execution. The new law removes that requirement and protects physicians working for the state from disciplinary action for not attending.

It's the latest action in the ongoing debate over physician involvement in executions. Some California doctors call it a victory for those who believe playing a role in executing a prisoner violates medical ethics.

"Physician participation in executions is unethical," said Michael J. Franzblau, MD, a clinical professor of dermatology at the University of California at San Francisco School of Medicine who pushed for the legislation, Senate Bill 129.

Under the previous law, California doctors could aid prison technicians with lethal injections, said Dr. Franzblau, who lectures on medical ethics. Physicians who refused to participate in executions risked their working status with the state Dept. of Corrections, according to the California Medical Assn., which supported the legislation.

But the California Dept. of Corrections said physicians could refuse to attend under the old law and not face discipline.

"This really does change nothing," state corrections spokesman Russ Heimerich said of the new law.

The California Medical Assn. disagrees. "We felt that the current law was ambiguous in that it really required physicians to attend executions, and thereby possibly risked administrative action against their license, not to mention their employment status, should they refuse," said Bob McElderry, associate director of government relations for the association. "They now shouldn't feel that they will face any disciplinary action should they not want to attend." [...]