Senate Bill Proposes N300,000 Fine for Hospitals Denying Emergency Care

The Senate has passed a bill seeking to strengthen emergency medical treatment standards in public and private hospitals across Nigeria.

The proposed amendment to the National Health Act, 2014, sponsored by Abdulaziz Yar’Adua, senator representing Katsina Central, seeks to establish mandatory timelines for assessing, treating, stabilising and referring patients who require emergency medical attention.

The bill, which passed its second reading during Wednesday’s plenary, proposes a fine of up to N300,000, imprisonment for a maximum of six months, or both for healthcare providers and facilities that violate its provisions. It also prohibits hospitals, healthcare workers and other medical providers from refusing emergency treatment to anyone, regardless of the circumstances.

Under the proposed legislation, healthcare facilities would be required to begin triage and initial assessment within 15 minutes of a patient’s arrival at the emergency department. Where a doctor is unavailable, a trained and certified nurse may conduct the assessment.

Hospitals would also be expected to begin basic stabilisation measures, including oxygen therapy, intravenous fluids, pain relief and preliminary diagnostic procedures, within 30 minutes of arrival. Life-saving interventions such as cardiopulmonary resuscitation, airway management and bleeding control must begin immediately when a life-threatening condition is identified.

The bill further proposes that patients requiring admission should be assigned a hospital bed within two hours, provided space is available. Where a facility cannot admit a patient because of a lack of beds, it must begin stabilisation and arrange a transfer to another hospital. The referral process should commence within two hours of arrival or once the patient is considered stable for transfer. It also proposes that transfers be completed within three hours, except where circumstances such as transportation difficulties, insecurity or natural conditions prevent compliance. Hospitals would be required to arrange ambulance dispatch or alternative transportation within 30 minutes of deciding to refer a patient.

In addition, healthcare workers involved in emergency medical services would be required to undergo training and obtain certification at intervals not exceeding 18 months. The Medical and Dental Council of Nigeria and the Nursing and Midwifery Council of Nigeria would jointly develop and maintain a standardised national emergency-care curriculum.

Leading the debate, Yar’Adua said the proposed amendment would establish clear responsibilities for healthcare facilities and personnel attending to patients in critical conditions. The bill also provides protection for healthcare practitioners who cannot meet the prescribed requirements because of resource limitations, provided they document the circumstances, follow referral procedures and report the incident to the appropriate authorities.

The proposal has been referred to the relevant Senate committee for further legislative work and is expected to be considered within four weeks. Under the existing National Health Act, 2014, hospitals and healthcare workers are already prohibited from refusing emergency medical treatment. Section 20 provides for a N100,000 fine, imprisonment for up to six months, or both for offenders.

The proposed amendment seeks to increase the financial penalty and introduce specific timelines for emergency care, alongside compulsory training and certification for healthcare workers.

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