Despite its stated hands-off policy when it comes to medications used in executions, the Food and Drug Administration apparently has helped at least two states import a drug commonly used in lethal injections.
The Associated Press reports that documents uncovered by the American Civil Liberties Union show that the FDA cleared the way for Arizona and California to acquire sodium thiopental from Britain after a shortage of the drug occurred in the U.S. Sodium thiopental is given to condemned inmates to induce sleep before they receive other injections that paralyze the body and stop the heart.
According to the AP, the documents indicate that the FDA helped Arizona import a supply of the drug last fall as the state prepared to execute a condemned killer. In California, prison officials say the FDA last week released a batch of the drug the state bought from England.
Hospira Inc., the drug’s only U.S. manufacturer, says that problems with suppliers are responsible for the scarcity. The AP reports that all remaining batches are due to expire next year.
An email exchange between prison officials in Arizona and California that was obtained by the ACLU said that an FDA official indicated that the acquisition of the imported drug could “be processed expeditiously to us as it was for the purpose of executions and not for use by the general public.”
The ACLU says that the official FDA position that it does not get involved with drugs used in executions is hypocritical, given its role in enabling Arizona, California and perhaps other states to obtain sodium thiopental.
“The FDA is actively assisting these states, but they’re not enforcing the law, and they’re not doing anything to determine that the drugs are what they’re claimed to be and that they work properly,” said Natasha Minkser, who serves as the death penalty policy director for the ACLU’s Northern California chapter.
According to the AP, the FDA would not comment on its role in helping Arizona or California.
The agency is required to assure the safety of drugs imported for medical purposes. But agency officials maintain that their oversight does not extend to drugs for executions.
