By Princely Onyenwe | News Desk
ABUJA, Nigeria – The Nigerian Senate has advanced a proposed amendment to the National Health Act, 2014, seeking to impose up to six months’ imprisonment, a fine of ₦300,000, or both on hospitals and healthcare providers who violate prescribed emergency medical treatment standards.
The proposed legislation, sponsored by Senator Abdulaziz Musa Yar’Adua, representing Katsina Central Senatorial District, seeks to establish enforceable standards for emergency medical care, patient assessment, stabilisation, admission and referral procedures across public and private healthcare facilities in Nigeria.
The bill passed second reading during Wednesday’s plenary after receiving majority support from senators through a voice vote. It has subsequently been referred to the Senate Committee on Tertiary and Primary Health for further legislative scrutiny and a public hearing.
Under the proposed amendment, hospitals licensed to provide emergency medical services would be required to commence triage and initial assessment of emergency patients within 15 minutes of their arrival.
Where a licensed medical doctor is unavailable, a trained and certified nurse would be permitted to conduct the initial assessment to prevent unnecessary delays in attending to patients whose conditions require urgent medical intervention.
The legislation also proposes that hospitals commence basic stabilisation measures within 30 minutes of arrival. These measures include oxygen administration, intravenous fluids, pain management and preliminary diagnostic procedures.
More importantly, healthcare providers would be required to undertake immediate life-saving interventions, including cardiopulmonary resuscitation (CPR), airway management and bleeding control, once a life-threatening condition is identified.
The proposed provisions are designed to prevent situations where patients brought into hospitals with serious injuries, severe medical complications or life-threatening conditions are left unattended while administrative procedures, financial demands or other non-medical requirements take priority.
The bill further establishes timelines for hospital admission and patient referrals.
Where an emergency patient requires admission, the hospital would be expected to assign a bed within two hours of arrival, subject to availability.
However, where a facility lacks the capacity or bed space to admit a patient, it would not be permitted to simply abandon the individual or send the patient away without appropriate medical attention.
Instead, the hospital would be required to commence immediate resuscitation and stabilisation, while initiating arrangements for referral to another capable healthcare facility within two hours of arrival or once the patient is clinically assessed and considered stable for transfer, whichever comes first.
The proposed amendment also requires hospitals to commence ambulance dispatch or arrange alternative transportation within 30 minutes of communicating a referral decision.
The transfer process is expected to be completed within three hours of the patient’s arrival, except where circumstances beyond the hospital’s control, including transportation difficulties, insecurity or natural conditions, prevent compliance.
Another significant component of the proposed legislation is the introduction of compulsory emergency medical training and certification for healthcare workers involved in emergency services.
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.
Healthcare professionals involved in emergency treatment would be required to undergo the prescribed training and certification at intervals not exceeding 18 months.
Presenting the proposal, Senator Yar’Adua said the amendment was intended to address critical weaknesses in Nigeria’s emergency healthcare delivery system and guarantee timely, life-saving medical attention irrespective of a patient’s financial capacity, social status, influence or geographical location.
The Senate’s proposed intervention comes against the backdrop of recurring public concerns over patients allegedly losing their lives after being denied or delayed emergency medical attention.
Among the cases that have attracted national attention are the reported deaths of journalist Bayo Ohu in 2009, Moradeun Balogun in 2019 and music producer Ebenezer Ayeni in 2021, following reported difficulties in accessing emergency medical treatment.
These incidents have continued to raise questions about the enforcement of patients’ rights and the responsibilities of healthcare institutions when confronted with medical emergencies.
Supporting the proposed amendment, Senate Whip Senator Mohammed Tahir Monguno expressed concern over avoidable deaths resulting from road accidents, maternal emergencies and other medical conditions requiring immediate attention.
He maintained that stronger legal provisions would help establish accountability among healthcare providers and discourage practices that expose patients to preventable risks.
However, the proposed legislation also recognises the operational challenges confronting some healthcare facilities. It provides protection for healthcare practitioners who document their inability to meet prescribed requirements because of inadequate resources, provided they comply with referral procedures and report the circumstances to hospital management or the appropriate authorities.
From a broader public policy perspective, the proposed amendment could represent an important step towards strengthening emergency healthcare accountability in Nigeria.
Its significance goes beyond the proposed ₦300,000 financial penalty or six-month imprisonment. The introduction of measurable response timelines would give regulators, patients and their families clearer standards against which the performance of healthcare facilities could be assessed.
For instance, the proposed 15-minute assessment and 30-minute stabilisation requirements would establish measurable benchmarks rather than leaving emergency response entirely to individual hospital procedures.
Nevertheless, the effectiveness of the proposed law would depend largely on implementation, regulatory monitoring, adequate emergency equipment, trained personnel, functional ambulances and sufficient funding for public healthcare facilities.
There is also the question of whether the proposed financial penalty would provide sufficient deterrence, particularly for large private hospitals and healthcare institutions with substantial financial resources.
For millions of Nigerians who depend on public and private hospitals during medical emergencies, the central issue remains whether a patient’s life will receive priority over financial demands, administrative bottlenecks and institutional bureaucracy.
Although the bill has passed second reading, it must still undergo further legislative consideration before completing the lawmaking process.
If eventually enacted and effectively implemented, the proposed amendment could strengthen emergency medical response and reinforce the principle that no Nigerian should be abandoned when their life is at risk.
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