Senate Proposes Six-Month Jail Term, ₦300,000 Fine for Hospitals Denying Emergency Care

The Nigerian Senate has advanced a proposed amendment to the National Health Act, 2014, seeking to introduce stricter emergency medical treatment standards and penalties of up to ₦300,000 or six months’ imprisonment for hospitals and healthcare providers that violate the provisions.

The proposed legislation, sponsored by Senator Abdulaziz Musa Yar’Adua, also seeks to compel public and private healthcare facilities licensed to provide emergency services to assess patients within 15 minutes of arrival.

Under the proposed amendment, hospitals would be required to commence basic stabilisation measures within 30 minutes, while life-saving interventions must begin immediately once a life-threatening condition is identified.

The proposed penalties include a fine not exceeding ₦300,000, imprisonment for up to six months, or both, for anyone or any healthcare facility found guilty of violating the specified provisions.

Presenting the proposal during Wednesday’s Senate plenary, Yar’Adua said the amendment was intended to address gaps in the country’s emergency healthcare system and improve access to timely medical attention.

He maintained that patients should receive life-saving treatment irrespective of their financial circumstances, social status, influence or geographical location.

The proposed amendment also provides for mandatory emergency care training and certification for healthcare workers involved in emergency medical services.

It proposes that the Medical and Dental Council of Nigeria and the Nursing and Midwifery Council of Nigeria jointly develop and maintain a standardised national emergency care curriculum.

Healthcare workers involved in emergency services would subsequently be required to undergo the prescribed training and obtain certification at intervals not exceeding 18 months.

The legislation further proposes that trained and certified nurses should be permitted to conduct initial patient assessments where a licensed medical doctor is unavailable.

For patients requiring stabilisation, hospitals would be expected to provide basic interventions, including oxygen therapy, intravenous fluids, pain relief and preliminary diagnostic procedures within 30 minutes of arrival.

Where a patient requires admission, the hospital would be required to assign a bed within two hours, subject to availability.

Facilities without available beds would, however, be expected to commence stabilisation and initiate arrangements for referral to another healthcare facility.

The proposed provisions also require hospitals to begin arranging ambulance services or alternative transportation within 30 minutes of deciding to refer a patient.

The bill further outlines procedures for transferring patients to other facilities, with provisions for completing referrals within three hours, subject to specified exceptions.

Supporting the proposal, Senate Whip, Senator Mohammed Tahir Monguno, said the legislation could help address preventable deaths arising from road accidents and maternal emergencies.

He argued that criminal liability for violations of emergency treatment requirements would strengthen accountability among healthcare providers.

The proposed amendment builds on Section 20 of the National Health Act, 2014, which already prohibits healthcare providers, health workers and healthcare establishments from refusing emergency medical treatment.

Under the existing provision, anyone convicted of violating the section is liable to a fine of ₦100,000, imprisonment for up to six months, or both.

The proposed amendment therefore seeks to strengthen the existing framework by introducing more specific operational requirements and increasing the financial penalty.

The Senate’s consideration of the proposal comes amid longstanding concerns about patients being denied or delayed emergency medical attention over demands for upfront payments, administrative procedures and difficulties securing referrals.

The proposed legislation is expected to undergo further legislative scrutiny before any of its provisions can become law.