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NC DEPT. OF CORRECTION v. NC MEDICAL BD.

No. 51PA08.

675 S.E.2d 641 (2009)

NORTH CAROLINA DEPARTMENT OF CORRECTION; Theodis Beck, Secretary of the North Carolina Department of Correction, in his official capacity; and Gerald J. Branker, Warden of Central Prison, in his official capacity v. NORTH CAROLINA MEDICAL BOARD.

Supreme Court of North Carolina.

May 1, 2009.

Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Thomas J. Pitman, Special Deputy Attorney General, and Joseph Finarelli, Assistant Attorney General, for plaintiff-appellees.

D. Todd Brosius and Thomas W. Mansfield, Raleigh, for defendant-appellant.

Nelson Mullins Riley & Scarborough, LLP, by Wallace C. Hollowell, III, Raleigh, for American Medical Association, amicus curiae.

Timothy C. Miller, Dallas, TX, for Federation of State Medical Boards of the U.S., Inc., amicus curiae.

Womble Carlyle Sandridge & Rice, PLLC, by Sarah L. Buthe, Raleigh, for Physicians for Human Rights, amicus curiae.

BRADY, Justice.

In January 2007 the North Carolina Medical Board (Medical Board) issued a Position Statement on physician participation in executions. This statement prohibits physicians licensed to practice medicine in North Carolina, under the threat of disciplinary action, from any participation other than certifying the fact of the execution and simply being present at the time of the execution. Because of this Position Statement, physicians have declined to participate...

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