JEFFERSON CITY — In response to recent reports regarding a possible shortage of a particular anesthetic used in hospitals and clinics throughout the country, Sen. Joseph Keaveny, D-St. Louis, shares his concern with members of the medical community about administering this drug, which benefits citizens and their health care needs, in order to execute inmates in Missouri.

The next execution in Missouri is scheduled for Oct. 23, and it has been announced that the Missouri Department of Corrections plans to use propofol, a commonly used anesthetic.  In the past, Missouri used a three-drug execution system, which has since been abandoned because manufacturers quit supplying these drugs.

Nearly 90 percent of the drug Missouri is now considering as an alternative to conduct its executions is manufactured in Europe.  The European Union, which opposes the death penalty, is debating whether to limit export of propofol if it is used in executions in the United States, citing “capital punishment, torture or other cruel, inhuman or degrading treatment or punishment” as part of its regulations that limit export of goods.  If the export of this propofol is limited, this could result in serious anesthetic shortage.

“We’re talking about thousands of hospitals and clinics, not only here in Missouri, but throughout the nation, that could see a drastic reduction of this frequently used drug for their patients,” said Sen. Keaveny.  “We need to take a step back and consider the overall health of our citizens.  Missouri is one of the only states in the country that plans to use this drug to implement lethal injections.  Do we want to be the state that jeopardizes countless citizens’ health needs or do we want to lead by example and address our criminal procedure system?”

Both the Missouri Society of Anesthesiologists (MSA) and the Food and Drug Administration (FDA) expressed concerns regarding use of propofol in executions conducted in Missouri.  The MSA is urging the Department of Corrections to consider the more than 50 million patients who would be affected by the shortage of this anesthetic drug, which allows patients to wake up quickly from procedures and reduces the dangerous side effects from the anesthetic.  The FDA stated this drug fulfills a “critical need” in hospitals and clinics whose access to propofol could be affected. 

Legislation sponsored by Sen. Keaveny during the 2013 legislative session shines a light on this ongoing issue with Missouri’s Department of Corrections and its upcoming execution scheduled for later this month.  His measure could make current issues relating to Missouri’s death penalty a thing of the past.

Senate Bill 61 requires the state auditor to review the cost of sentencing a person to death versus a sentence of life without the possibility of parole.  Sen. Keaveny noted studies that highlight more than a dozen states that have found the death penalty is up to 10 times more expensive than sentences of life or life without parole.

“A study conducted in Florida noted that the state would save $51 million annually if the death penalty were abolished.  Findings such as these prove we need to examine the cost of the death penalty in Missouri,” said Sen. Keaveny.  “In addition, there have been several inefficiencies highlighted in our own state’s criminal justice system.  The American Bar Association (ABA) points out that several people in Missouri have been wrongfully convicted due to eyewitness misidentification, false confessions, and untruthful jailhouse informant testimony.  These wrongful convictions punish innocent citizens and cost our state valuable tax dollars.”

This same study by the ABA also found that Missouri is in compliance with only nine out of 95 best practices to ensure that innocent people are not executed, and death penalty cases cost Missouri’s underfunded state public defender system seven to 10 times more to defend than other murder cases.

“Unfortunately, my legislation addressing the cost of implementing the death penalty never reached the governor’s desk for his signature.  With the passage of this bill, our state could have moved forward and seriously evaluated how citizens are placed on death row and the cost this process has on Missouri taxpayers.  This brings us back to the very serious problem our state is facing today: how Missouri plans on continuing with executions while those in the medical community fear for citizens’ future health needs.”

Sen. Keaveny said he plans on filing similar legislation once again in the next regular legislative session to address the real need for reform in the criminal procedure system.  In the meantime, he urges a quick resolution to this serious problem that could affect millions of patients throughout the United States.  To read more about Sen. Keaveny’s filed legislation for the 2013 legislative session, visit www.senate.mo.gov/keaveny.