69 Neb. Admin. Code, ch. 11, § 008

Current through September 17, 2024

Section 69-11-008 - Substance or substances to be employed in an execution by lethal injection

008.01 Identification

Executions shall be accomplished by the intravenous injection of a substance or substances in a quantity sufficient to cause death without the unnecessary and wanton infliction of pain. The substance or substances shall be administered in compliance with this execution protocol.

008.02 Administration of the lethal substances

The Director shall determine which substance or substances and quantity are to be employed in an execution by lethal injection. If more than one substance is to be employed in an execution by lethal injection, the first substance injected must be capable of rendering the convicted person unconscious. The Director's determination of the substance or substances to be employed in an execution by lethal injection may be based on the availability of necessary substances provided that the substance or substances can be intravenously injected in a quantity sufficient to cause death without the unnecessary and wanton infliction of pain. The Director shall notify the condemned inmate of the determination of the substance or substances, quantity and, if more than one substance is to be employed in an execution by lethal injection, the order the substances will be administered, at least 60 days prior to the Nebraska Attorney General requesting an execution warrant from the Nebraska Supreme Court.

008.03 The substance or substances may be directly purchased or obtained through the Department Pharmacy or obtained through any other appropriate source, including pharmaceutical or chemical compounding.

008.04 The substances shall be clearly labelled and maintained by the Department in a clean, secure, and safe environment under controlled room temperature storage conditions.

008.05 A chemical analysis to verify the substance or substances to be employed in the execution by lethal injection shall be performed at least 60 days prior to the Nebraska Attorney General requesting an execution warrant from the Nebraska Supreme Court.

008.06 The inventory of substances will be reviewed every six months, and upon receipt of an execution order from the Nebraska Supreme Court.

008.07 Any expired substances will be removed from inventory.

69 Neb. Admin. Code, ch. 11, § 008