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Prosecutors want death penalty drug info shielded

ANDREW WELSH-HUGGINS
AP Legal Affairs Writer

COLUMBUS, Ohio (AP) — Ohio prosecutors want the identities of pharmacists who create specialty doses of execution drugs shielded and say doctors who consult with Ohio about its execution process should be given immunity from regulatory discipline.

The proposals, which appear in draft legislation, address concerns about the state’s current two-drug injection method, said John Murphy, executive director of the Ohio Prosecuting Attorneys Association.

Executions are on hold until February because of challenges to the method, which has resulted in prolonged executions in Ohio and Arizona. Without a viable way of executing prisoners, “we don’t have a death penalty in the state,” Murphy said Thursday.

If enacted, the laws would bring Ohio into line with states like Missouri and Texas, which each use a single, compounded dose of pentobarbital to put inmates to death. The states won’t say where the drug comes from.

States have moved to compounded drugs — small, specialty batches that don’t face the same kind of regulations as mass-produced drugs– as supplies of federally regulated pentobarbital and other drugs have dried up. Drug manufacturers put those medications off limits under pressure from death penalty opponents.

Drug makers need anonymity because assistance in lethal injection in other states “has subjected those persons and their businesses to actual threats of physical harm, harassment and risks to personal safety,” according to the draft legislation.

The legislative proposals were first reported by The Columbus Dispatch.

Murphy said Ohio may need to consider an alternative execution method, such as using nitrogen gas in a sealed chamber. The head of Louisiana’s prisons agency suggested the idea in April, arguing the gas causes no pain.

Shielding information about drugs would set a dangerous precedent, according to the Ohio chapter of the American Civil Liberties Union.

“The public, the courts and condemned inmates have to feel confident knowing what is used in executions so that they will happen in a humane way,” said ACLU spokesman Mike Brickner.

A federal judge put executions on hold until February because of questions raised by the January execution of Ohio inmate Dennis McGuire, who gasped and snorted for 26 minutes before he was declared dead.

McGuire’s execution was the first one in the U.S. using a two-drug method involving a sedative and painkiller, both commonly used in surgery though at much lower doses. In July, an Arizona inmate took almost two hours to die using the same combination of midazolam and hydromorphone.

Ohio’s execution method calls for compounded pentobarbital as its first choice, but the state has been unable to obtain it.

Granting doctors immunity from discipline by licensing boards appears to address Ohio’s loss of its longtime expert witness for execution methods, University of Massachusetts anesthesiologist and pharmacologist Mark Dershwitz.

In August, Dershwitz announced he would no longer provide such testimony out of fear he could be disciplined by the national anesthesiologists’ board.

Dershwitz has also testified for several other states’ corrections agency and for the federal government. Ohio has not said what it will do for expert testimony in the future.

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Andrew Welsh-Huggins can be reached on Twitter at https://twitter.com/awhcolumbus.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. 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But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. 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If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. 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