FOR IMMEDIATE RELEASE:
August 2, 2000

State Medical Society Urges
"Take Doctors of Executions"

Chicago –– Illinois State Medical Society President Dr. LeRoy Sprang provided a strong message explaining Illinois physicians’ policy to not participate in executions as well as commending Governor Ryan on his death penalty moratorium. The testimony was presented today during the Governor’s Commission on Capital Punishment public hearing. Dr. Sprang’s testimony follows:

"Medicine, or the healing of illness, injury and disease is one of the earliest of man’s pursuits. Medicine has advanced as our understanding of illness and disease has broadened. As society progressed, medical ethical standards developed in response.

The question of physician participation in capital punishment has an equally long history. Hippocrates has become known as the father of medicine. He is most universally recognized for setting ethical standards for physicians for over two millennia. The oath of Hippocrates clearly prohibits physician participation in executions. The oath states in part:

‘..I will use treatment to help the sick according to my ability and judgment, but never with a view to injury and wrong-doing. Neither will I administer a poison to anyone when asked to do so nor will I suggest such a course...’

It is the policy of the Illinois State Medical Society that a physician, as a member of a profession dedicated to preserving health when there is hope of doing so, should not participate in a legally authorized execution.

In the interest of clarity, the ISMS defines "physician participation" as "an action which would directly cause the death of the condemned; an action which would assist, supervise, or contribute to the ability of another individual to directly cause the death of the condemned; and an action which could automatically cause an execution to be carried out on a condemned prisoner."

Hippocrates’ words still hold true today. The modern medical profession, also, has established principles of medical ethics. The ISMS’s code of ethics is substantially identical to the AMA’s principles of medical ethics. These standards hold physicians to work for the benefit of patients, with dedication to competent medical service and respect for human dignity. Ethical issues facing physicians today are considered, deliberated and reviewed by both ISMS and the AMA.

Despite our opposition to physician involvement, we believe the physician may provide support, solace and succor upon request, to a patient facing a life terminating situation, when he or she determines that doing so will benefit the patient, either physically or emotionally.

However, I reiterate that active physician participation in an execution is a violation of the ethical standards of the profession. The Illinois State Medical Society urges the commission to remove any requirements concerning physician participation in capital punishment.

We recognize the fact that some physicians choose, regardless of ethical standards, to participate and assist in the termination of life. Currently, the State of Illinois protects these physicians’ identities even though it is a direct violation of medical ethics. Furthermore, Illinois law exempts physicians who participate in executions from what would normally be a direct violation of the medical practice act. The act states, "...it is a violation for a physician to prescribe, administer, distribute or give a controlled substance or narcotic for other than medically accepted therapeutic purposes" and that "it is a violation for a physician to engage in dishonorable, illegal or unethical conduct of a character likely to harm the public."

Protecting the identity of these physicians essentially elevates them to be above ethical standards, thus removing any professional disciplinary measures. This is simply unacceptable. We ask that the confidentiality provision, currently in practice, be removed, thus holding physicians who choose to blatantly ignore their Hippocratic oath and medical ethics, to account to the fullest extent of the law.

I implore you, Mr. Chairman, as you and your committee debate this most grave of your charge, to consider physician participation as one of the most critical elements of this sensitive and crucial issue. As advocates for the preservation of life, physician involvement in executions violates all ethical standards established to protect the integrity of our science.

The Illinois State Medical Society has been active on this issue for several years. Since 1995, Senator Arthur l. Berman annually has introduced legislation to explicitly exclude health professionals from the execution statute, reverse the amendment of the Illinois State Medical Practice Act, and revoke the secrecy provisions as they relate to health professionals. In addition, his legislation would prohibit pharmacists and pharmaceutical suppliers from dispensing lethal drugs to the director of corrections. Unfortunately, Senator Berman’s legislation has languished in the rules committee and has not been released for general debate in the senate. We applaud Senator Berman for his efforts and will continue to advance this legislation.

At this time, I would also like to commend Governor Ryan for his moratorium on executions. Monumental strides have been made using DNA testing as proof of evidence. However, without DNA testing, the likelihood of error can be dangerously high. ISMS supports the moratorium and we stand behind Governor Ryan in his commitment to the preservation of innocent lives, as well as his allegiance to the advancement of science to eliminate the unthinkable – the death of a wrongly convicted person.

I urge you strongly to remove any requirements in the statutes of Illinois concerning physician participating in implementation of the death penalty. In addition, I also strongly urge the removal of the confidentiality provision which protects those physicians who choose to breach their Hippocratic oath and desecrate the integrity of medicine."

The Illinois State Medical Society is a professional organization that represents and unifies its physician members as they practice the science and art of medicine. The Society represents the interests of member physicians, advocates for patients and promotes the doctor/patient relationship, the ethical practice of medicine, and the betterment of the public health.

ISMS permits and encourages reproduction of ISMS news releases with the request that ISMS is credited as the source of the information.