The Ohio Senate yesterday passed, 20-10, HB 663 to provide confidentiality to the compounding pharmacies who supply drugs for lethal injection. Opponents made the usual noise about transparency in government, but their real purpose is to facilitate harassment. Jim Siegel and Randy Ludlow have this story in the Columbus Dispatch:
The bill returns to the House, where it passed 62-27 last month.
The pharmacies "have become subjected to not just criticism but downright attack, boycotts and picketing at their homes," said Sen. John Eklund, R-Chardon. "Consequently many of these pharmacies have become unwilling ... to subject themselves to that aggravation."Earlier, the Senate caved in and deleted a provision that would have outlawed resale restrictions in contracts for sale of drugs. Objections were made that the provision might have violated the Contracts Clause and might have caused European companies to refuse to export drugs to the United States. Both objections could have been eliminated by making the provision applicable only to drugs manufactured in the United States and only to contracts made or renewed after the effective date. The primary need for the provision is for pentobarbital, which is manufactured in the United States. Even so, the sponsors chose to delete the provision altogether. Alan Johnson had this story yesterday in the Dispatch.
The bill returns to the House, where it passed 62-27 last month.
It weakens the argument to say that the pharmacy must be a "secret". Public records laws typically have many exceptions. Just another exception is being sought.
There will be nothing "secret" about the drugs or their source. It will be known to the warden or whoever is supervising the execution, and the licensed pharmacist who is dispensing.
The inmate is not a "patient" who has a protected interest in knowing what is being administered, so long as those with expertise have determined that the drug will not cause undue pain and so forth... -- Patrick