Doctor Death Penalty Ban Advances
Legislation to prevent physicians from participating in executions passed its first hurdle this morning in an Assembly committee, a direct result of the legal battle over an execution that has remained on hold for almost two months.
AB 1954, by Assemblymembers Ted Lieu (D-Torrance) and Alan Nakanishi (R-Lodi), was approved this morning by the Assembly Business and Professions Committee. In short, it would ban physician participation in the administration of the death penalty.
The bill stems from the still pending execution of convicted killer Michael Morales, which stalled after prison officials said they were unable to comply with a judicial order to include a medical professional in the execution process, because none would step forward.
In a lengthy debate this morning, the authors and representatives of the California Medical Association argued that the judge’s order would result in a physician taking an “active role” in an execution, something they say is a serious ethical conflict.
But criticism of the bill came from two corners: some lawmakers suggested the Legislature should allow the broader death penalty issues to first be resolved in the courts. And others, like Assemblymember Joe Canciamilla (D-Pittsburg), argued that a state ban on participation would be a slippery slope towards other thorny issues– like whether pharmacists who object to emergency contraceptives have to still dispense those drugs. “I can see a lot of other people marching in here,” said Cancillamilla, “suggesting that [other] activities [also] be prohibited.”
The bill now moves to Assembly Appropriations; meantime, the Morales case is scheduled to be back in court next month.


