16 September 2010 :

Governor OKs lethal injection mix. Gov. Dave Heineman today approved rules and regulations for executing prisoners with a 3-drug cocktail. His approval clears the way for the state to resume executing people on death row. The regulations will take effect after being filed with the Secretary of State's office, generally a formality. Nebraska has been without a means of execution since February 2008, when the state Supreme Court ruled the electric chair was unconstitutional because it amounted to cruel and unusual punishment. Nebraska was the only state with electrocution as its sole means of execution. Two days ago (Feb. 8) the 8th U.S. Circuit Court of Appeals upheld the new protocol, saying they concluded that "it is designed to avoid the needless infliction of pain, not to cause it." The new rules and regulations carry out a law passed last year that changed the state's method of execution from electrocution to lethal injection. As spelled out in the new rules, Nebraska's execution protocol would be similar to the practices used in other states that carry out the death penalty by lethal injection. It would involve 3 drugs given in succession — an anesthetic, a paralyzing agent and, finally, a drug to stop the prisoner's heart. The rules spell out the order and dosage of the drugs. The warden would to do "consciousness checks" after the 1st drug is administered. The checks are to determine whether the prisoner is anesthetized before giving the 2nd drug, a paralyzing agent. A team of at least 12 people would be required to carry out an execution. None would have to be a licensed health care professional, although 2 team members would have to get training as emergency medical technicians and in drawing blood and starting IV lines. The execution team would include the department director, the Nebraska State Penitentiary warden, the penitentiary staff communicator, at least 7 people to escort the prisoner and a 2-person IV team. The IV team is to start an intravenous line and administer the drugs when the director orders.