Title 17, Chapter 10, Section 38
( 17-10-38)
(a) All persons who have been convicted of a capital offense and
have had imposed upon them a sentence of death shall suffer such
punishment by lethal injection. Lethal injection is the continuous
intravenous injection of a substance or substances sufficient to
cause death into the body of the person sentenced to death until
such person is dead. (b) In all cases in which the defendant is sentenced to death, it
shall be the duty of the trial judge in passing sentence to direct
that the defendant be delivered to the Department of Corrections for
execution of the death sentence at a state correctional institution
designated by the department. (c) Notwithstanding any other provision of law, prescription,
preparation, compounding, dispensing, or administration of a lethal
injection authorized by a sentence of death by a court of competent
jurisdiction shall not constitute the practice of medicine or any
other profession relating to health care which is subject by law to
regulation, licensure, or certification. (d) No state agency, department, or official may, through regulation
or otherwise, require or compel a physician to participate in the
execution of a death sentence. "To participate in the execution of
a death sentence" means any of the following actions: selecting
injection sites; starting an intravenous line or lines as a port for
a lethal injection device; prescribing, preparing, administering, or
supervising injection drugs or their doses or types; inspecting,
testing, or maintaining lethal injection devices; or consulting with
or supervising lethal injection personnel. |