Senate proposes six-month jail term for hospitals delaying emergency treatment
The Senate is considering legislation that would impose a six-month prison sentence or a fine of up to ₦300,000 on hospitals and healthcare providers that fail to comply with proposed emergency medical treatment standards.
The bill, sponsored by Senator Abdulaziz Yar’Adua, seeks to amend the National Health Act 2014 by requiring public and private hospitals to assess emergency patients within 15 minutes of arrival and begin stabilisation within 30 minutes.
Leading debate on the bill during Wednesday’s plenary, Yar’Adua said the proposed amendment would address critical gaps in Nigeria’s healthcare system and ensure timely treatment for patients, regardless of their financial or social status.
“Public and private healthcare facilities licensed to provide emergency medical care in Nigeria shall commence triage and initial assessment within 15 minutes of a patient’s arrival at the emergency department,” he said.
The senator explained that where a medical doctor was unavailable, a trained and certified nurse would be permitted to conduct the initial assessment.
Under the proposed legislation, hospitals would be required to begin basic stabilisation measures, including oxygen therapy, intravenous fluids, pain relief and preliminary diagnostic procedures, within 30 minutes of a patient’s arrival.
Healthcare providers would also be required to undertake immediate life-saving interventions, including cardiopulmonary resuscitation, airway management and bleeding control, once a life-threatening condition is identified.
Yar’Adua said facilities that violated the proposed standards would face criminal sanctions.
“A person or health facility that contravenes any provision of this section commits an offence and is liable on conviction to a fine not exceeding ₦300,000 or imprisonment for a term not exceeding six (6) months, or both,” he said.
The bill further requires hospitals to allocate beds to patients requiring admission within two hours, subject to availability.
Where beds are unavailable, healthcare facilities must stabilise patients and initiate referral arrangements within two hours, while ambulance dispatch or alternative transportation must begin within 30 minutes of a referral decision.
The legislation also proposes mandatory emergency care training and certification for healthcare workers at intervals not exceeding 18 months.
Yar’Adua said the measures were consistent with emergency healthcare practices in Ghana, South Africa, Kenya, the United Kingdom and the United States.
Supporting the proposal, Senate Whip Mohammed Monguno, representing Borno North, said the legislation would help address preventable deaths arising from road accidents, maternal emergencies and delays in medical treatment.
Monguno expressed concern that some healthcare providers neglected emergency patients, arguing that enforceable standards and criminal penalties would strengthen accountability in Nigeria’s healthcare system.
The proposed penalties and treatment deadlines would become enforceable only if the bill completes the legislative process and becomes law.