NEBRASKA ADMINISTRATIVE CODE

TITLE 69, NEBRASKA ADMINISTRATIVE CODE, CHAPTER 11

NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES

EXECUTION PROTOCOL

 NEBRASKA ADMINISTRATIVE CODE
TITLE 69 DEPARTMENT OF CORRECTIONAL SERVICES
CHAPTER 11—EXECUTION PROTOCOL
NUMERICAL TABLE OF CONTENTS
SUBJECT

STATUTORY AUTHORITY

CODE SECTION

Authority

§83-965(2)

001

Location

§83-965(2)

002

Execution Team

§83-965(2)

003

Execution Team Qualifications

§83-965(2)

004

Execution Team Duties

§83-965(2)

005

Execution Team Training

§83-965(2)

006

Consciousness Checks

§83-965(2)

007

Substance or Substances to be
Employed in an Execution by
Lethal Injection

§83-965(2)

008

Documented Process for
Obtaining the Necessary
Substances

§83-965(2)

009

Determination of Death

§83-965(2)

010

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 NEBRASKA ADMINISTRATIVE CODE
TITLE 69 DEPARTMENT OF CORRECTIONAL SERVICES
CHAPTER 11—EXECUTION PROTOCOL
ALPHABETICAL TABLE OF CONTENTS
SUBJECT

STATUTORY AUTHORITY

CODE SECTION

Authority

§83-965(2)

001

Consciousness Checks

§83-965(2)

007

Determination of Death

§83-965(2)

010

Documented Process for
Obtaining the Necessary
Substances

§83-965(2)

009

Execution Team

§83-965(2)

003

Execution Team Duties

§83-965(2)

005

Execution Team Qualifications

§83-965(2)

004

Execution Team Training

§83-965(2)

006

Location

§83-965(2)

002

Substance or Substances to be
Employed in an Execution by
Lethal Injection

§83-965(2)

008

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 NEBRASKA ADMINISTRATIVE CODE
TITLE 69—DEPARTMENT OF CORRECTIONAL SERVICES
CHAPTER 11—EXECUTION PROTOCOL
001 Authority.
When the Director of the State of Nebraska Department of Correctional
Services (Director) receives an order of the Nebraska Supreme Court directing the enforcement
of a sentence of death, that order will be carried out pursuant to Laws 2009, L.B. 36. The
Director has the authority to create and modify this protocol.
002 Location.
State Penitentiary.

Executions will be performed in the execution chamber at the Nebraska

003 Execution Team.
The Director shall appoint and remove all members of the
Execution Team at his or her discretion. The Execution Team shall may consist of the following:
003.01 The Director
003.02 The Warden of the Nebraska State Penitentiary (Warden)
003.03 The Nebraska State Penitentiary Staff Communicator (Staff Communicator)
Public Information Officer
003.04 An Escort Team consisting of an Escort Team Leader and an Escort Team
comprised of at least six additional individuals a sufficient number of individuals, as
determined and selected by the Director, to provide security escort for the condemned
prisoner.
003.05 An IV Team consisting of an IV Team Leader and a single at least one additional
IV Team Member.

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 NEBRASKA ADMINISTRATIVE CODE
TITLE 69—DEPARTMENT OF CORRECTIONAL SERVICES
CHAPTER 11—EXECUTION PROTOCOL
003.06 A pharmacist or pharmaceutical chemist.
004

Execution Team Qualifications.
004.01 The Director, Warden and Staff Communicator Public Information Officer are
qualified by the responsibilities of the positions they hold within the Department and
the completion of any specific training required by this protocol.
004.02 Escort Team. The Escort Team shall be correctional employees with training or
experience in escorting secured prisoners on behalf of the Department.
004.03 IV Team.
The IV Team Leader and IV Team Member(s) shall be individuals
trained in venipuncture and catheter placement to maintain an open intravenous line;
shall have successfully completed training as an emergency medical technician and
training in phlebotomy; shall have completed training to determine and reasonably
verify whether a person is unconscious; shall have successfully completed training to
initiate the flow of saline solution by IV, the injection of substances into an IV line, and
to select a syringe set(s) the equipment capable of accomplishing the requirements of
this protocol.
004.04 Pharmacist. Any pharmacist team member is qualified by an educational
degree in pharmacy and professional training as a pharmacist.
004.05 Pharmaceutical Chemist.
Any pharmaceutical chemist team member is
qualified by a Bachelor of Science degree in chemistry and specialty training or
experience in drug compounding.

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 NEBRASKA ADMINISTRATIVE CODE
TITLE 69—DEPARTMENT OF CORRECTIONAL SERVICES
CHAPTER 11—EXECUTION PROTOCOL
005

Execution Team Duties.
005.01 The Director (1) has the responsibility to obey orders of the Nebraska Supreme
Court directing the enforcement of a sentence of death; (2) appoints and removes
members of the Execution team at his or her discretion; (3) supervises, directs and
maintains a record of the qualifications and training of the Execution Team pursuant to
this protocol; (4) shall be physically present at the execution; (5) shall direct the
administration of all substances to the prisoner in accordance with this protocol; (6)
shall procure a health professional qualified to determine the death; (7) shall summon a
the county coroner to pronounce upon determination of the death of the condemned
inmate; and (7) (8) shall certify the death of the condemned inmate to the appropriate
court.
005.02 The Warden, under the supervision of the Director, shall (1) assure that court
ordered executions in Nebraska are conducted pursuant to this protocol; and (2) be
physically present at the execution; (3) be trained in and shall conduct the
consciousness checks required by this protocol after the administration of the sodium
thiopental; (4) if he or she is unable to reasonably verify that the condemned inmate is
unconscious, he or she shall communicate to the Director that an additional dose of
sodium thiopental should be administered; and (5) after he or she has reasonably
verified that the condemned inmate is unconscious shall communicate that fact to the
Director.
005.03 Nebraska State Penitentiary Staff Communicator The Public Information Officer,
under the supervision of the Warden, shall (1) maintain a written record of activities
related to this protocol beginning when the Escort Team delivers the condemned

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 NEBRASKA ADMINISTRATIVE CODE
TITLE 69—DEPARTMENT OF CORRECTIONAL SERVICES
CHAPTER 11—EXECUTION PROTOCOL
prisoner to the execution chamber; and (2) serve as the Director’s communication
liaison with representatives of the Nebraska Department of Justice.
005.04 The Escort Team shall (1) assume custody of the condemned inmate at the
Nebraska State Penitentiary Hospital; (2) secure the condemned inmate; (3) escort or
otherwise deliver the condemned inmate from the Nebraska State Penitentiary Hospital
deliver the condemned inmate to the execution chamber; (4) (2) place and secure the
condemned inmate on the table in the execution chamber; (5) secure the condemned
inmate to the table in the execution chamber; (6) (3) exit the execution chamber; and
(7) (4) remain outside the execution chamber to respond to any inmate control issues
that may arise until dismissed by the Director.
005.05 The IV Team Leader shall (1) obtain and maintain appropriate materials and
equipment to accomplish his or her responsibilities under this protocol; (2) at least 48
hours before the scheduled execution date examine the condemned inmate to
determine appropriate locations for intravenous catheter placement and report the
results of that examination to the Director; (3) if the Execution Team does not include a
pharmacist or pharmaceutical chemist, deliver to the execution chamber the substance
or substances and quantity determined by the Director under subsection 008 of on the
date of the execution, obtain, prepare and deliver to the execution chamber the
substances identified by this protocol for injection into the condemned inmate; (4) once
the condemned inmate is secured by the Escort Team on the table in the execution
chamber, establish a functioning intravenous line capable of administering the lethal
substance or substances identified by the protocol into a vein of the condemned
inmate; (5) establish a backup functioning intravenous line capable of administering the
substance or substances into a vein of the condemned inmate; (6) test the viability of

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 NEBRASKA ADMINISTRATIVE CODE
TITLE 69—DEPARTMENT OF CORRECTIONAL SERVICES
CHAPTER 11—EXECUTION PROTOCOL
the intravenous sites with a low-pressure saline drip through intravenous tubing; (7)
attach a heart monitor to the condemned inmate; (6) exit the execution chamber; (7) (8)
be prepared to correct any issues with respect to the intravenous line or condemned
inmate’s vascular system that might prevent or impede the injection of the lethal
substances; (8) (9) at the order of the Director, administer to the condemned inmate
through the established intravenous line the lethal substance or substances and
quantity determined by the Director under subsection 008 of identified by this protocol
in the order described by this protocol; (10) throughout the procedure, monitor the
condemned inmate’s level of consciousness and heart monitor readings; (9) (11) remain
at his or her post until dismissed by the Director; (10) (12) dispose of any substances or
equipment employed in meeting the requirements of this protocol after the inmate has
been pronounced dead.
005.06 The IV Team shall assist the IV Team Leader as directed and at least one IV Team
member shall be prepared to assume the responsibilities of the IV Team Leader should
the IV Team Leader become unable to perform his or her responsibilities.
005.07 If the Execution Team includes a pharmacist or pharmaceutical chemist, such
person shall deliver to the execution chamber the substance or substances and quantity
determined by the Director under subsection 008 of this protocol for injection into the
condemned inmate.
006

Execution Team Training.
006.01 Training schedule.

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 NEBRASKA ADMINISTRATIVE CODE
TITLE 69—DEPARTMENT OF CORRECTIONAL SERVICES
CHAPTER 11—EXECUTION PROTOCOL
006.01.01
When no execution date has been set by the Nebraska Supreme
Court, the members of the Execution Team shall train at least once every six
months at a time established by the Director. The Escort Team and the IV Team
may train independently of the other members of the Execution Team.
006.01.02
When an execution date has been set by the Nebraska Supreme
Court the Execution Team will train at least weekly at times established by the
Director.
006.02 Training required. In addition to the qualifications noted in this protocol, the
Execution Team shall train as follows.
006.02.01 Execution Team as a Whole. When the training schedule requires
weekly training, all members of the Execution Team shall participate in training
as a unit, review this protocol, and engage in training activities so that all
members will be adequately trained to carry out their individual responsibilities
one or more drills in which all members enact their individual responsibilities
(with the exception of intravenous catheter placement and use of saline and
lethal substances) as established by this protocol.
006.02.02 Warden. The Warden will be trained in performing the consciousness
checks required by this protocol. The Warden will be trained by the IV Team
Leader or other individual(s) familiar with the consciousness check techniques
required by this protocol in order to reasonably verify whether the condemned
inmate is unconscious.

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 NEBRASKA ADMINISTRATIVE CODE
TITLE 69—DEPARTMENT OF CORRECTIONAL SERVICES
CHAPTER 11—EXECUTION PROTOCOL
006.03 Training documentation.
All training of the members of the Execution Team
will be documented noting the date and duration of the training, who supervised the
training, and the activities undertaken.
007

Consciousness Checks.
007.01 The first or only substance injected must be capable of rendering the convicted
person unconscious. The IV Team Leader shall make a determination sufficient to
reasonably verify that the convicted person is unconscious before administering any
second or additional substances.
As used in this protocol the consciousness checks to be performed on the condemned
inmate shall consist of the following.
007.01.01
Brushing the eye lashes of one eye of the condemned inmate with
the fingers of a hand, observing any involuntary muscular response; and
007.01.02
Opening one eye of the condemned inmate and passing over it a
light source observing the pupil’s reaction to the light.

008

Lethal Substance or substances to be employed in an execution by lethal injection.
008.01 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.

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 NEBRASKA ADMINISTRATIVE CODE
TITLE 69—DEPARTMENT OF CORRECTIONAL SERVICES
CHAPTER 11—EXECUTION PROTOCOL
Executions shall be accomplished by the intravenous injection of the following
substances into the condemned inmate by the method described in this protocol.
008.01.01
Sodium thiopental
008.01.02

Pancuronium bromide

008.01.03

Potassium chloride

008.02 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.
The lethal substances shall be administered to the condemned inmate by the
mechanism described in this protocol. They shall be administered in the following order
and dosages.

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 NEBRASKA ADMINISTRATIVE CODE
TITLE 69—DEPARTMENT OF CORRECTIONAL SERVICES
CHAPTER 11—EXECUTION PROTOCOL
008.02.01
Sodium thiopental will initially be administered in one 3 gram
dose. There will be a waiting period of at least one minute between the
administration of the sodium thiopental and conducting the consciousness
checks. If unconsciousness is not verified by the Warden after the administration
of the initial dose, additional 3 gram doses will be administered and
consciousness checks conducted after the administration of each dose until
unconsciousness is verified.
008.02.02

Once unconsciousness is verified, pancuronium bromide will be

administered in one dose of 50 mg/100 ml.
008.02.03

Once the pancuronium bromide has been administered,
potassium chloride will be the third lethal substance administered in one dose of
240 Meq.
008.02.04
A 50cc saline flush will be administered following each injection of
a lethal substance.
008.02.05
If the coroner does not pronounce the condemned inmate dead
at the conclusion of this process, the Director shall order the execution process
repeated in the manner described by this protocol.
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.

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 NEBRASKA ADMINISTRATIVE CODE
TITLE 69—DEPARTMENT OF CORRECTIONAL SERVICES
CHAPTER 11—EXECUTION PROTOCOL
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.
009 Procurement and inventory of lethal Documented process for obtaining the necessary
substances
009.01 Documentation shall include the Director’s orders, directions, and all
Department records for obtaining the necessary substances for execution. The Director
shall purchase two complete sets of the described lethal substances unless the Director
determines that additional quantities should be kept in inventory.
009.02 Records of any order to obtain the necessary substances as well as the
acquisition and receipt of the substances shall be maintained by the Department. The
described lethal substances shall be purchased through the Department Pharmaceutical
Supervisor or through some other appropriate source.

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 NEBRASKA ADMINISTRATIVE CODE
TITLE 69—DEPARTMENT OF CORRECTIONAL SERVICES
CHAPTER 11—EXECUTION PROTOCOL
009.03 In accordance with Neb. Rev. Stat. 83-965(2)(f), the Director may authorize any
records or information identifying a person, company, or entity supplying the substance
or substances to be employed in an execution by lethal injection to be confidential. The
purchase of the lethal substances will be treated as the purchase of high security items
and their receipt and delivery are not subject to standard business delivery procedures,
but will be delivered directly into the custody of the Director.
009.04 The Director shall document the order and receipt of the lethal substances and
provide for their maintenance and storage.
009.05 The inventory of lethal substances will be reviewed every six months and also
immediately upon receipt of an execution order from the Nebraska Supreme Court.
009.06 Expired lethal substances will be cleared from inventory and replaced.
010

Determination of death
010.01 A health professional qualified to determine death shall be designated by the
Director to determine whether the inmate is deceased at the conclusion of the
execution process. If the designated health professional determines that the
condemned inmate is not dead, the Director shall order that the intravenous injection of
the substance or substances shall be repeated by the IV Team Leader.

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