Lethal Injection

State by State Lethal Injection Protocols

State Link to current protocol Most recently-used execution protocol Previous protocols (Dates used, # of executions) Status of protocol Secrecy policies or statutes
Alabama Not publicly available 3-drug, beginning with midazolam (1/21/16-3/19, 8 executions)

3-drug, beginning with pentobarbital (5/19/11-7/25/13, 5 executions)

3-drug, beginning with sodium thiopental (12/12/02-3/31/11, 27 executions)

Secrecy litigation ongoing There is no statute that requires secrecy, but it is the position of the Department generally that the lethal-injection protocol is confidential and outside the purview of a public records request.
Arizona Eff. June 17, 2017 2-drug, midazolam and hydromorphone (7/23/14, 1 execution)

1-drug pentobarbital (2/29/12-10/23/13, 8 executions)

3-drug, beginning with pentobarbital (5/25/11-7/19/11, 3 executions)

3-drug, beginning with sodium thiopental (3/3/93-3/29/11, 24 executions)

Lawsuit settled, and court dismissed case on June 22, 2017; media access and secrecy litigation continues.

The protocol states, in part: “The anonymity of any person, as defined in A.R.S. § 1-215(28) and A.R.S. § 13-105(30), who participates in or performs any ancillary function(s) in the execution, including the source of the execution chemicals, and any information contained in records that would identify those persons are, as required by statute, to remain confidential and are not subject to disclosure. A.R.S. § 13-757(C).” (First appeared in protocol dated March 26, 2014)
Arkansas Eff. Aug. 6, 2015 3-drug, beginning with midazolam (4/20/17-4/27/17, 4 executions) 3-drug, beginning with sodium thiopental (6/25/90-11/28/05, 26 executions) Litigation ongoing, but executions may proceed Ark. Code Ann. §5-4-617 states, in part: “(i)(1) The procedures under subdivision (g)(1) of this section, the implementation of the procedures under subdivision (g)(1) of this section, and the identities of the entities and persons who participate in the execution process or administer the lethal injection are not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.”
California No current protocol in place 3-drug, beginning with sodium thiopental (2/23/96-1/17/06, 11 executions) None On 3/13/19 Governor Gavin Newsom issued an executive order withdrawing California’s lethal injection protocol. He also announced a moratorium on executions
Colorado Eff. May 2013 3-drug, beginning with sodium thiopental (10/13/97, 1 execution) None Governor-imposed moratorium
Delaware Death penalty declared unconstitutional in August 2016 3-drug beginning with pentobarbital (7/29/11-4/20/12, 2 executions) 3-drug beginning with sodium thiopental (3/14/92-11/4/05, 13 executions)

Florida Eff. Jan. 4, 2017 3-drug beginning with etomidate (8/24/17-12/13/18, 5 executions)

3-drug, beginning with midazolam (10/15/13-1/7/16, 13 executions)

3-drug, beginning with pentobarbital (9/28/11-10/1/13, 10 executions)

3-drug, beginning with sodium thiopental (2/23/00-2/16/10, 25 executions)

Florida Supreme Court upheld the use of January 4, 2017 protocol, which uses the drug etomidate; litigation continues in federal court Fla. Stat. Ann. §945.10 states, in part: “(1) Except as otherwise provided by law or in this section, the following records and information held by the Department of Corrections are confidential and exempt from the provisions [of public records act]… (g) Information which identifies an executioner, or any person prescribing, preparing, compounding, dispensing, or administering a lethal injection.”
Georgia Eff. July 17, 2012 1-drug pentobarbital (2/21/13-6/20/19, 22 executions)

3-drug, beginning with pentobarbital (6/23/11-9/21/11, 3 executions)

3-drug, beginning with sodium thiopental (10/25/01-1/25/11, 26 executions)


Ga. Code Ann. §42-5-36(d)(2) states, in part: “The identifying information of any person or entity who participates in or administers the execution of a death sentence and the identifying information of any person or entity that manufactures, supplies, compounds, or prescribes the drugs, medical supplies, or medical equipment utilized in the execution of a death sentence shall be confidential and shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50 or under judicial process. Such information shall be classified as a confidential state secret.”
Idaho Eff. Jan 6, 2012 1-drug pentobarbital (6/12/12, 1 execution)

3-drug, beginning with pentobarbital (11/18/11, 1 execution)

3-drug, beginning with sodium thiopental (1/6/94, 1 execution)

Public records litigation continues in state court Idaho Administrative Code 06.01.01.135 states, in part: “The Department will not disclose (under any circumstance) the identity of the on-site physician; or staff, contractors, consultants, or volunteers serving on escort or medical teams; nor will the Department disclose any other information wherein the disclosure of such information could jeopardize the Department’s ability to carry out an execution.”
Indiana Eff. Jan. 22, 2014 3-drug, beginning with sodium thiopental (7/18/96-12/11/09, 17 executions) None Litigation about the protocol and secrecy provisions continues in state court Ind. Code §35-38-6-1 states, in part: “(f)The following are confidential, are not subject to discovery, and may not be introduced as evidence in any civil or criminal proceeding: (1) The identity of [a pharmacist, a pharmacy, a wholesale drug distributor, or an outsourcing facility that provides a lethal substance to the department of correction] … necessary to carry out an execution by lethal injection. (2) The identity of an officer, an employee, or a contractor of a person described in subdivision (1). (3) The identity of a person contracted by a person described in subdivision (1) to obtain equipment or a substance to facilitate the compounding of a lethal substance described…(4) Information reasonably calculated to lead to the identity of a person described in this subsection”
Kansas No current protocol in place No executions carried out. None
Kan. Stat. Ann. §22-4001 states, in part: “The identity of executioners and other persons designated to assist in carrying out the sentence of death shall be confidential.”
Kentucky Eff. July 6, 2018 3-drug, beginning with sodium thiopental (5/25/99-11/21/08, 2 executions) None Litigation ongoing in state court Ky. Rev. Stat. §45A.720 states, in part: “Agreements with an individual to provide the services of executioner for the Department of Corrections shall not be subject to the provisions of KRS 45A.690 to 45A.725. The identity of an individual performing the services of executioner shall remain confidential and shall not be considered as public record for the purposes of KRS 61.870 to 61.884.”
Louisiana Not publicly available 3-drug, beginning with sodium thiopental (3/5/93-1/7/10, 8 executions) None Litigation ongoing in federal court; court order blocking executions extended until July 2019 La. Rev. Stat. §15:570 states, in part: “G. The identity of any persons other than the persons specified in Subsection F of this Section who participate or perform ancillary functions in an execution of the death sentence, either directly or indirectly, shall remain strictly confidential and the identities of those persons and information about those persons which could lead to the determination of the identities of those persons shall not be subject to public disclosure in any manner. Any information contained in records that could identify any person other than the persons specified in Subsection F of this Section shall remain confidential, shall not be subject to disclosure, and shall not be admissible as evidence nor discoverable in any proceeding before any court, tribunal, board, agency, or person.”
Mississippi Eff. Nov. 15, 2017 3-drug, beginning with pentobarbital (5/10/11-6/20/12, 8 executions) 3-drug, beginning with sodium thiopental (7/17/02-7/21/10, 9 executions) Litigation ongoing in federal court Miss. Code Ann. §99-19-51 states, in part: “The identities of all members of the execution team, a supplier of lethal injection chemicals, and the identities of those witnesses listed in Section 99-19-55(2) who attend as members of the victim’s or the condemned person’s immediate family shall at all times remain confidential, and the information is exempt from disclosure under the provisions of the Mississippi Public Records Act of 1983.1”
Missouri Eff. Oct. 18, 2013 1-drug pentobarbital (11/20/13-1/31/17, 20 executions) 3-drug, beginning with sodium thiopental (1/6/89-2/9/11, 68 executions) Litigation ongoing at US Supreme Court

Mo. Rev. Stat. 546.720 states, in part: “The identities of members of the execution team, as defined in the execution protocol of the department of corrections, shall be kept confidential. Notwithstanding any provision of law to the contrary, any portion of a record that could identify a person as being a current or former member of an execution team shall be privileged and shall not be subject to discovery, subpoena, or other means of legal compulsion for disclosure to any person or entity, the remainder of such record shall not be privileged or closed unless protected from disclosure by law.”

Protocol was amended in October 2013 to expand the definition of execution team: “The execution team consists of department employees and contracted medical personnel including a physician, nurse, and pharmacist. The execution team also consists of anyone selected by the department director who provides direct support for the administration of lethal chemicals, including individuals who prescribe, compound, prepare, or otherwise supply the chemicals for use in the lethal injection procedure.”

Montana Eff. Jan. 16, 2013 3-drug, beginning with sodium thiopental (5/10/95-8/11/06, 3 executions) None In October 2015, judge found the 2013 protocol violated state law; no updated protocol Mont. Code Ann. § 46-19-103 states, in part: “The identity of the executioner must remain anonymous. Facts pertaining to the selection and training of the executioner must remain confidential.”
Nebraska 2016; announced 4-drug protocol on Nov. 9, 2017 4-drug: diazepam, fentanyl citrate, cisatracurium besylate, potassium chloride (8/14/18, one execution) None Secrecy litigation continues in state court Neb. Rev. St. § 83-967 states, in part: “(2) The identity of all members of the execution team, and any information reasonably calculated to lead to the identity of such members, shall be confidential and exempt from disclosure pursuant to sections 84-712 to 84-712.09 and shall not be subject to discovery or introduction as evidence in any civil proceeding unless extraordinary good cause is shown and a protective order is issued by a district court limiting dissemination of such information.”
Nevada

Eff. June 11, 2018.

3-drug, beginning with sodium thiopental (12/6/85-4/26/06, 11 executions) None Litigation challenging protocol ongoing in state court
New Hampshire Death penalty abolished in 2019
No executions carried out. None

New Mexico Death penalty abolished in 2009 3-drug, beginning with sodium thiopental (11/6/01, 1 execution) None

North Carolina Eff. Oct. 24, 2013 3-drug, beginning with sodium thiopental (3/16/84-8/18/06, 41 executions) None Litigation ongoing in state court N.C. Gen Stat. Ann. § 132-1.2 states, in part: “Nothing in this Chapter shall be construed to require or authorize a public agency or its subdivision to disclose any information that: … (7) Reveals name, address, qualifications, and other identifying information of any person or entity that manufactures, compounds, prepares, prescribes, dispenses, supplies, or administers the drugs or supplies obtained for any purpose authorized by Article 19 of Chapter 15 of the General Statutes.”
Ohio Eff. Oct. 7, 2016 3-drug, beginning with midazolam (7/27/17-7/18/18, 3 executions)

2-drug, midazolam and hydromorphone (1/16/14, 1 execution)

1-drug pentobarbital (3/10/11-9/25/13, 10 executions)

1-drug sodium thiopental (12/8/09-2/17/11, 10 executions)

3-drug, beginning with sodium thiopental (2/19/99-8/18/09, 32 executions)

Litigation ongoing in federal court; On 2/19/19, Ohio Governor Mike DeWine announced that executions are on hold until a new lethal injection protocol is crafted. Ohio Rev. Code Ann. § 2949.221 states, in part: “(B) If, at any time prior to the day that is twenty-four months after the effective date of this section, a person manufactures, compounds, imports, transports, distributes, supplies, prescribes, prepares, administers, uses, or tests any of the compounding equipment or components, the active pharmaceutical ingredients, the drugs or combination of drugs, the medical supplies, or the medical equipment used in the application of a lethal injection of a drug or combination of drugs in the administration of a death sentence by lethal injection as provided for in division (A) of section 2949.22 of the Revised Code, notwithstanding any provision of law to the contrary, all of the following apply regarding any information or record in the possession of any public office that identifies or reasonably leads to the identification of the person and the person’s participation in any activity described in this division: (1) The information or record shall be classified as confidential, is privileged under law, and is not subject to disclosure by any person, state agency, governmental entity, board, or commission or any political subdivision as a public record under section 149.43 of the Revised Code or otherwise.”
Oklahoma No current protocol in place 3-drug: midazolam, pancuronium bromide, potassium acetate (1/15/15, 1 execution)

3-drug, beginning with midazolam (4/29/14, 1 execution)

3-drug, beginning with pentobarbital (12/16/10-1/23/14, 16 executions)

3-drug, beginning with sodium thiopental (9/10/90-10/14/10, 93 executions)

Ongoing litigation in federal court; state has announced intention to replace lethal injection with nitrogen gas executions Okla. Stat. Ann. tit. 22, §1015 states: “(B) … . The identity of all persons who participate in or administer the execution process and persons who supply the drugs, medical supplies or medical equipment for the execution shall be confidential and shall not be subject to discovery in any civil or criminal proceedings. The purchase of drugs, medical supplies or medical equipment necessary to carry out the execution shall not be subject to the provisions of the Oklahoma Central Purchasing Act.”
Oregon Eff. March 2017 3-drug, beginning with sodium thiopental (9/6/96-5/16/97, 2 executions) None Governor-imposed moratorium

“(3) Selection of Executioner(s): The selection of the executioner(s) will be the responsibility of the Superintendent. The identity of the executioner(s) will remain confidential.” Oregon Admin. Rule 291-024-0016

Pennsylvania Eff. Aug. 28, 2012; revision Eff. Nov. 7, 2012 3-drug, beginning with sodium thiopental (5/2/95-7/6/99, 3 executions) None Governor-imposed moratorium, ongoing litigation in state court

“(c) Confidentiality.—The identity of department employees, department contractors or victims who participate in the administration of an execution pursuant to this section shall be confidential.” 61 Pa. Stat. and Cons. Stat. Ann. § 4305

South Carolina Not publicly available 3-drug, beginning with pentobarbital (5/6/11, 1 execution) 3-drug, beginning with sodium thiopental (8/18/95-5/8/09, 35 executions)
S.C. Code §24-3-580 states, in part: “A person may not knowingly disclose the identity of a current or former member of an execution team or disclose a record that would identify a person as being a current or former member of an execution team.”
South Dakota Eff July 31, 2018 1-drug pentobarbital (10/15/12-10/29/18, 3 executions) 3-drug, beginning with sodium thiopental (7/11/07, 1 execution)
S.D. Codified Law §23A-27A-31.2 states, in part: “The name, address, qualifications, and other identifying information relating to the identity of any person or entity supplying or administering the intravenous injection substance or substances under chapter 23A-27A are confidential. Disclosure of the foregoing information may not be authorized or ordered.”
Tennessee Eff. July 2018 3-drug, beginning with midazolam (8/9/18-5/16/19, 2 executions) 3-drug, beginning with sodium thiopental (4/19/00-12/02/09, 5 executions) Litigation ongoing in federal court Tenn. Code Ann. §10-7-504 states, in part: “(h)(1) Notwithstanding any other law to the contrary, those parts of the record identifying an individual or entity as a person or entity who or that has been or may in the future be directly involved in the process of executing a sentence of death shall be treated as confidential and shall not be open to public inspection. For the purposes of this section “person or entity” includes, but is not limited to, an employee of the state who has training related to direct involvement in the process of executing a sentence of death, a contractor or employee of a contractor, a volunteer who has direct involvement in the process of executing a sentence of death, or a person or entity involved in the procurement or provision of chemicals, equipment, supplies and other items for use in carrying out a sentence of death.”
Texas Eff. April 2, 2019 1-drug pentobarbital (7/18/12-4/24/19, 79 executions)

3-drug, beginning with pentobarbital (5/3/11-4/26/12, 16 executions)

3-drug, beginning with sodium thiopental (12/7/82-2/22/11, 466 executions)


Tex. Crim. Proc. Code Ann. art. 43.14 states, in part: “(b) The name, address, and other identifying information of the following is confidential and excepted from disclosure under Section 552.021, Government Code:
(1) any person who participates in an execution procedure described by Subsection (a), including a person who uses, supplies, or administers a substance during the execution; and
(2) any person or entity that manufactures, transports, tests, procures, compounds, prescribes, dispenses, or provides a substance or supplies used in an execution.”
Utah Eff. June 10, 2010 3-drug, beginning with sodium thiopental (8/28/87-10/15/99, 4 executions) None
There is no statute that requires secrecy, but it is the position of the Department generally that the lethal-injection protocol is confidential and outside the purview of a public records request.
Virginia Eff. Feb. 7, 2017 3-drug, beginning with midazolam (1/18/17- 7/6/17, 2 executions)

3-drug, beginning with pentobarbital (8/18/11-10/1/15, 2 executions)

3-drug, beginning with sodium thiopental (1/24/95-9/23/10, 78 executions)


Va. Code. §53.1-234 states, in part: “The identities of any pharmacy or outsourcing facility that enters into a contract with the Department for the compounding of drugs necessary to carry out an execution by lethal injection, any officer or employee of such pharmacy or outsourcing facility, and any person or entity used by such pharmacy or outsourcing facility to obtain equipment or substances to facilitate the compounding of such drugs and any information reasonably calculated to lead to the identities of such persons or entities, including their names, residential and office addresses, residential and office telephone numbers, social security numbers, and tax identification numbers, shall be confidential, shall be exempt from the Freedom of Information Act (§ 2.2-3700 et seq.), and shall not be subject to discovery or introduction as evidence in any civil proceeding unless good cause is shown.”
Washington

Death penalty declared unconstitutional in October 2018

1-drug sodium thiopental (9/10/10, 1 execution) 3-drug, beginning with sodium thiopental (10/13/98-8/28/01, 2 executions)

Wyoming
3-drug, beginning with sodium thiopental (1/22/92, 1 execution) None

Wyo. Code § 7-13-916 (2015): “The identities of all persons who participate in the execution of a death sentence as a member of the execution team or by supplying or manufacturing the equipment and substances used for the execution are confidential. Disclosure of the identities made confidential by this section may not be authorized or ordered.”

U.S. Government No current protocol in place, addendum announced 7/25/19
3-drug, beginning with sodium thiopental (6/11/01-3/18/03, 3 executions) None Litigation ongoing in federal court
U.S. Military Eff. Jan. 2007 No executions carried out None