RALEIGH -- North Carolina's de facto moratorium on the death penalty could soon be over. Wake County Superior Court Judge Donald Stephens has ruled that the North Carolina Medical Board cannot discipline doctors who take part in executions.

The board made that threat in January. Since then, the death penalty has been effectively shut down because state law says a physician must be present when someone is put to death.

"We're very disappointed in Judge Stephens’ decision," said Stephen Dear, who is the executive director of People of Faith against the Death Penalty.

Dear believes the judge's ruling makes an already complicated situation even worse.

"[Stephens] says that when a doctor participates in an execution, that that's not a medical event, but doctors have to participate,” Dear said. “It makes no sense. If it's not a medical event, then why would doctors have to participate?"

In his six page ruling, Judge Stephens said that although the North Carolina Medical Board licenses and disciplines physicians in North Carolina, only state lawmakers have the authority to punish doctors involved in executions.

"We certainly hope the medical board will stick to its guns, so to speak, and challenge this decision," Dear said.

It is not yet clear how the decision will affect North Carolina’s death row inmates. A Department of Corrections spokesperson says at this point, the department has no imminent plans to resume executions.

A spokesperson for the medical board says the board is currently reviewing the decision and is considering whether or not to appeal. The medical board meets next in October.