(NewsNation) — Texas is prohibited from buying lethal injection drugs from major pharmaceutical companies that refuse participation in execution, so state officials bought them from a compounding pharmacy that’s fielded multiple safety and cleanliness violations, according to a new report from National Public Radio.
In an article published Wednesday, NPR writes that from 2019 through at least late 2023, Rite-Away Pharmacy and Medical Supply in suburban San Antonio produced injectable pentobarbital for executions.
Inspection documents revealed that Rite-Away was cited more than a dozen times in 10 years for failing to maintain clean and sterile facilities and not keeping complete and correctly labeled records or drugs in stock “among other violations,” NPR wrote.
“They’re literally relying on those who have been known to cause harm to carry out their death penalty, their execution,” Bianca Tylek, a lawyer and the executive director of a nonprofit that advocates against the exploitation of prisoners, told NPR. “They are exhibiting a tremendous amount of carelessness that should never come into contact with the death penalty.”
The Texas Department of Criminal Justice declined comment, but one of the Rite-Away owners, Rohit Chaudhary, confirmed his pharmacy was involved with selling injectable pentobarbital to Texas.
A pharmacist at Rite-Away said a state worker asked him about making a drug for them around seven years ago. A state representative then started hand-delivering small amounts of the active ingredient to make pentobarbital in powder form.
Employees from the state making these deliveries came in unmarked cars, with no designation that they were property of the Department of Criminal Justice.
The Death Penalty Information Center writes the state carried out more than 20 executions during the period that Rite-Away provided the department with pentobarbital.
Compounding Pharmacies
As a compounding pharmacy, Rite-Away can create drugs “in-house from raw ingredients,” NPR writes.
However, the Food and Drug Administration has issued warnings about these kinds of pharmacies as well as “compounded drugs,” which are not approved by the agency.
Drugs can be compounded for patients who can’t be treated with an FDA-approved medication, such as if they are allergic to it or for those who cannot swallow tablets or capsules.
While the FDA says compounding can serve an important patient need in these cases, some others do so in a way that puts people at risk.
“For example, FDA has observed that some compounders have made false and misleading statements that compounded drugs are safe and effective, sometimes for the treatment of serious diseases, by incorrectly suggesting the drugs had met the standard for FDA approval,” the administration says.
The FDA said poor compounding practices can lead to quality problems, such as contamination or a drug containing too much of a certain ingredient.
“(Compounded drugs) do not have the same safety, quality, and effectiveness assurances as approved drugs,” the FDA said. “Unnecessary use of compounded drugs unnecessarily exposes patients to potentially serious health risks.”