The Virginia Department of Corrections said Thursday that it has approved the sedative midazolam as an alternative first drug in the state's three-drug execution protocol. Midazolam was one of two drugs used in last month's execution of an Ohio inmate who made snorting and gasping sounds and took an unusually long 26 minutes to die. His family is suing Ohio.

Illinois-based Hospira Inc., which manufactures midazolam, opposes its use for capital punishment but has been unable to stop state prison systems from obtaining it from suppliers.

The development comes as many death penalty states are grappling with a shortage of drugs that can be used in executions. Many of the drugs are manufactured in European countries that have prohibited their export for use in capital punishment.

Virginia lawmakers are considering legislation that would allow the state to use the electric chair in executions if lethal injection drugs are not available when an inmate's execution date arrives. Under current law, death row inmates can choose either the electric chair or lethal injection. If they decline to choose, they get the injection.

Source: AP, Feb. 21, 2014