Senate bill seeks six months jail term, ₦300k fine for hospitals denying emergency care
The senate has passed a bill for second reading seeking changes to the National Health Act, 2014, to introduce compulsory emergency treatment standards and referral procedures for public and private hospitals across Nigeria.
In a similar development, the house of representatives has passed for second reading a separate bill proposing amendments to the National Health Act, 2014, to give relevant authorities the power to suspend or revoke the licences of healthcare facilities that refuse or delay emergency medical care.
Sponsored by Abdulaziz Yar’Adua, senator representing Katsina central, the proposed legislation in the senate aims to establish clear time limits for assessing, treating, stabilising and referring patients who need urgent medical attention.
The bill received its second reading during Wednesday’s plenary. It proposes a penalty of up to ₦300,000, imprisonment for a maximum of six months, or both, for healthcare providers and facilities found guilty of violating its provisions.
The proposed amendment also seeks to prevent hospitals, medical personnel and other healthcare providers from denying emergency treatment to anyone, irrespective of the circumstances.
“A health care provider, health worker, or health establishment shall not refuse any person emergency medical treatment for any reason whatsoever,” the proposed amendment states.
“All healthcare workers involved in the provision of emergency medical care shall be required to undergo training and obtain certification in emergency care competencies as a condition for participating in the delivery of emergency medical services.
“The Medical and Dental Council of Nigeria and the Nursing and Midwifery Council of Nigeria shall jointly develop and maintain a standardized national emergency care curriculum, and all healthcare workers involved in the provision of emergency medical care shall be required to undergo such training and certification at intervals not exceeding eighteen (18) months.”
During the debate, Yar’Adua explained that the proposed law would define the responsibilities of healthcare facilities and medical personnel when attending to patients in critical conditions.
The amendment requires all licensed public and private hospitals authorised to provide emergency services to begin patient triage and preliminary assessment within 15 minutes of arrival at the emergency department.
If a licensed medical doctor is not available, a nurse who has received the required training and certification would be permitted to carry out the initial assessment.
Healthcare facilities would also be expected to begin basic measures to stabilise patients within 30 minutes of arrival. These measures include administering oxygen, intravenous fluids, pain medication and conducting preliminary diagnostic tests.
The proposed law further requires immediate action on life-saving procedures, such as cardiopulmonary resuscitation, airway management and bleeding control, once a life-threatening condition has been identified.
Regarding hospital admission, the bill states that once a licensed medical officer confirms that a patient needs admission, the facility must provide a bed within two hours of arrival, subject to availability.
If there are no vacant beds, the hospital would be expected to begin basic resuscitation and stabilisation without delay while making arrangements to move the patient to another healthcare facility.
It also requires hospitals to begin the referral process within two hours of the patient’s arrival or immediately after the patient has been assessed and declared stable for transfer, whichever happens first.
The proposed legislation sets a three-hour deadline for completing the transfer after the patient’s arrival, except when factors beyond the hospital’s control, such as transportation challenges, insecurity or natural conditions, prevent compliance.
To minimise delays in transferring patients, hospitals would also be required to dispatch an ambulance or arrange another means of transportation within 30 minutes of informing the patient about the referral decision.
The amendment also protects healthcare practitioners who cannot meet the stipulated requirements because of limited resources, provided they record the circumstances, follow the referral procedures and notify hospital management or the relevant authority.
Following its second reading, the bill was sent to the appropriate senate committee for further consideration, with a report expected within four weeks.
BACK STORY
Nigeria’s current legal framework already contains provisions prohibiting hospitals and healthcare workers from denying patients emergency medical attention.
Under Section 20 of the National Health Act, 2014, healthcare providers, workers and facilities are prohibited from refusing emergency treatment to anyone, regardless of the circumstances. Violators face a ₦100,000 fine, imprisonment for up to six months, or both.
The proposed amendment aims to reinforce this existing provision by setting specific deadlines for emergency assessment, patient stabilisation, admission and referral. It also seeks to raise the maximum fine to ₦300,000 and make regular emergency-care training and certification compulsory for healthcare workers.
