Senate Moves To Impose N300k Fine – 6-Month Jail Term For Hospitals Delaying Emergency Care

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Nigerian Senate has passed for second reading a bill seeking to impose a fine of up to N300,000 or a six-month jail term, or both, on hospitals and healthcare providers that refuse or delay emergency medical treatment.

Gatekeepers News reports that the proposed legislation seeks to amend the National Health Act, 2014, by establishing mandatory standards for emergency medical assessment, treatment, stabilisation and referral across public and private healthcare facilities.

Sponsored by Senator Abdulaziz Yar’Adua, representing Katsina Central, the bill scaled second reading during Wednesday’s plenary following a debate on the need to strengthen emergency healthcare delivery in the country.

Under the proposed amendment, hospitals would be required to commence the initial assessment and triage of emergency patients within 15 minutes of arrival.

It also stipulates that basic stabilisation measures, including oxygen therapy, intravenous fluids, pain relief and preliminary diagnostic procedures, must begin within 30 minutes.

Where a life-threatening condition is identified, medical personnel would be required to commence immediate life-saving interventions, including cardiopulmonary resuscitation, airway management and bleeding control.

The bill further provides that patients requiring admission should be assigned hospital beds within two hours of arrival, subject to availability.

Where a facility lacks bed space, it would be required to stabilise the patient immediately and initiate arrangements for referral to another healthcare centre.

The proposed legislation also requires hospitals to commence ambulance dispatch or secure alternative transportation within 30 minutes of communicating a referral decision.

Speaking during the debate, Yar’Adua said the legislation would establish clear responsibilities for healthcare facilities and medical personnel attending to patients in critical conditions.

He added that healthcare workers would be required to undergo emergency-care training and obtain certification at intervals not exceeding 18 months.

The bill also provides protection for healthcare practitioners who are unable to meet the prescribed timelines because of resource constraints, provided they document the circumstances, follow referral procedures and report the incident to the appropriate authorities.

Following its passage for second reading, the bill was referred to the Senate Committee on Health for further legislative consideration, with the committee expected to report back within four weeks.

Meanwhile, the proposed amendment seeks to strengthen an existing provision under Section 20 of the National Health Act, which already prohibits healthcare providers from refusing emergency medical treatment.

The existing law prescribes a fine of N100,000 or imprisonment for up to six months, or both, for offenders.

The proposed amendment seeks to increase the financial penalty and introduce specific timelines to ensure faster emergency response and accountability in healthcare facilities.

Separately, the House of Representatives has also passed for second reading a bill seeking to empower authorities to suspend or withdraw the operating licences of hospitals that refuse or obstruct emergency medical treatment.

The proposed measures come amid recurring public concerns over patients allegedly being denied urgent medical attention or delayed because of administrative requirements and payment demands.

The Senate bill is yet to become law and must undergo further legislative consideration before it can take effect.