Get Guardian on GoogleThe Senate has passed for second reading a bill seeking to impose a six-month jail term or a fine of up to N300,000 on healthcare providers and facilities that delay or refuse emergency medical treatment to patients.
The proposed legislation seeks to amend the National Health Act, 2014, to establish mandatory emergency medical treatment standards and referral procedures for public and private healthcare facilities across the country.
The bill, sponsored by Senator Abdulaziz Yar’Adua, representing Katsina Central Senatorial District, scaled second reading during Wednesday’s plenary.Under the proposed amendment, hospitals and healthcare workers found guilty of violating its provisions could face a fine of up to N300,000, imprisonment for a term not exceeding six months, or both.
The legislation seeks to prohibit healthcare providers from refusing emergency medical attention to patients, regardless of their circumstances.It also proposes that public and private hospitals commence initial assessment and triage within 15 minutes of a patient’s arrival at the emergency department.
Where a licensed medical doctor is unavailable, a trained and certified nurse may conduct the initial assessment.The bill further requires healthcare facilities to commence basic stabilisation measures, including oxygen therapy, intravenous fluids, pain relief and preliminary diagnostic procedures, within 30 minutes of a patient’s arrival.
Life-saving interventions, including cardiopulmonary resuscitation, airway management and bleeding control, would also be required to begin immediately once a life-threatening condition is identified.On admission, the proposed amendment stipulates that hospitals should assign beds to patients requiring admission within two hours of arrival, provided bed space is available.
Where a facility has no available bed, it would be required to commence resuscitation and stabilisation immediately while arranging the patient’s transfer to another healthcare centre.The referral process must begin within two hours of arrival or as soon as the patient has been clinically assessed and considered stable for transfer.
The proposed amendment also stipulates that the transfer process should be completed within three hours of the patient’s arrival, except where external circumstances, including transportation difficulties, insecurity or natural conditions, make compliance impossible.
To minimise delays during referrals, hospitals would be required to commence ambulance dispatch or secure alternative transportation within 30 minutes of communicating the decision to refer a patient.The bill also proposes protection for healthcare practitioners who are unable to meet the prescribed timelines because of resource constraints, provided they document the circumstances, comply with referral procedures and report the incident to hospital management or the appropriate authority.
Leading the debate, Yar’Adua said the legislation would establish clear responsibilities for healthcare facilities and medical personnel attending to patients in critical conditions.
However, the proposed amendment seeks to strengthen existing provisions under Section 20 of the National Health Act, 2014, which already prohibits hospitals and healthcare workers from refusing emergency medical treatment.
Under the existing law, healthcare providers are required to provide emergency treatment, while offenders may face a fine of N100,000 or imprisonment for up to six months, or both.The proposed amendment seeks to increase the financial penalty to N300,000 while introducing specific timelines for emergency assessment, stabilisation, admission and referral.
It also proposes mandatory emergency-care training and certification for healthcare workers at intervals not exceeding 18 months.The bill has been referred to the relevant Senate committee for further legislative consideration, with the committee expected to report back within four weeks.
If passed by the National Assembly and assented to by the President, the proposed amendment would introduce more specific obligations and penalties aimed at reducing delays in emergency medical care across Nigeria.Until then, the existing provisions of the National Health Act, 2014, remain in force, including the prohibition against refusing emergency medical treatment.
