Senate Passes Bill Seeking Six-Month Jail Term for Denying Emergency Medical Treatment

The Nigerian Senate has passed for second reading a bill seeking to make emergency medical treatment compulsory in public and private hospitals across the country, with proposed penalties of up to six months’ imprisonment for violations.

The proposed legislation also prescribes a fine of up to N300,000, imprisonment for six months, or both, for anyone convicted of denying patients emergency medical treatment.

Sponsored by Senator Abdulaziz Musa Yar’Adua (APC, Katsina Central), the bill seeks to amend the National Health Act, 2014, to establish mandatory emergency medical treatment standards and referral procedures in healthcare facilities.

Titled “A Bill for an Act to Amend the National Health Act, 2014 to Provide for Emergency Medical Treatment Standards and Referral Protocols in Healthcare Facilities; and for Related Matters, 2026” (SB. 759), it was referred to the Senate Committee on Health (Secondary and Tertiary) for further legislative consideration.

The committee was directed to report back to the Senate within four weeks.

Under the proposed amendment, healthcare providers, medical workers and healthcare establishments would be prohibited from denying anyone emergency medical treatment for any reason.

The bill also requires healthcare professionals to begin life-saving interventions, including cardiopulmonary resuscitation, airway management and bleeding control, immediately after identifying a life-threatening condition.

It proposes that hospitals conduct triage and initial patient assessments within 15 minutes of arrival, while basic stabilisation measures such as oxygen administration, intravenous fluids, pain management and initial diagnostic procedures must commence within 30 minutes.

For patients requiring admission, hospital beds are expected to be assigned within two hours, subject to availability.

Where beds are unavailable, healthcare facilities would be required to begin immediate stabilisation and arrange transfers to other hospitals.

The proposed legislation further requires hospitals to initiate referral arrangements within two hours and complete the transfer process within three hours of a patient’s arrival, except where circumstances beyond their control prevent compliance.

It also mandates hospitals to dispatch an ambulance or arrange alternative transportation within 30 minutes of communicating a referral decision.

Beyond emergency response timelines, the bill seeks to introduce compulsory emergency care training and certification for healthcare workers, with recertification intervals not exceeding 18 months.

It also directs the Medical and Dental Council of Nigeria and the Nursing and Midwifery Council of Nigeria to jointly develop a standardised national emergency care curriculum.

However, healthcare practitioners would be protected from penalties where resource constraints prevent compliance, provided the challenges are properly documented and prescribed referral procedures are followed.

Leading debate on the bill, Yar’Adua said the proposed amendment would address critical gaps in Nigeria’s healthcare system by establishing enforceable standards for emergency treatment and referral procedures.

He said the legislation would help ensure that Nigerians receive timely and life-saving medical attention during emergencies, regardless of their social status, financial position, influence or location.

According to the senator, preventable deaths continue to occur because many healthcare facilities lack clearly defined and enforceable timelines for patient assessment, stabilisation and treatment.

He also cited Nigeria’s contribution to approximately 10 per cent of global maternal deaths, linking part of the problem to delays in accessing emergency obstetric care.

Yar’Adua said the proposed law would strengthen coordination among primary, secondary and tertiary healthcare facilities while ensuring that patients are stabilised before being referred to other hospitals.

He added that the bill would protect healthcare workers acting in good faith within documented resource limitations while ensuring accountability for wilful negligence.

Supporting the legislation, Senate Whip, Senator Mohammed Monguno (APC, Borno North), said it would address deaths arising from road accidents and maternal emergencies.

He criticised the practice of some healthcare providers neglecting emergency patients, saying the proposed amendment would introduce criminal liability for such conduct.

Similarly, Senator Diket Plang (Plateau Central) said the bill would improve emergency admissions and establish appropriate referral procedures across different levels of healthcare delivery.

He noted that rural communities particularly needed the intervention because childbirth complications often require urgent transfers from primary healthcare centres to higher-level facilities.

However, Senator Francis Faduyile (APC, Ondo South) cautioned against criminalising healthcare professionals without first addressing inadequate facilities, personnel shortages and other systemic challenges.

He argued that many hospitals lacked sufficient doctors, oxygen cylinders and emergency equipment, making it difficult for healthcare workers to meet the proposed timelines.

Faduyile questioned how a doctor attending to several patients simultaneously could be held criminally responsible when another emergency case arrived.

He also raised concerns about inadequate funding, noting that private healthcare providers frequently attend to emergency patients without receiving reimbursement for their services.

The senator argued that Nigeria’s healthcare challenges required a comprehensive review of the National Health Act rather than concentrating solely on sanctions against medical professionals.

The Senate Minority Leader, Senator Abba Moro (PDP, Benue South), said the bill had exposed several gaps requiring comprehensive legislative attention.

He expressed confidence that the committee stage and proposed public hearing would allow healthcare professionals and other stakeholders to contribute to the legislative process.

Moro also condemned the practice of hospitals demanding police reports before treating emergency patients, insisting that saving lives should remain the priority.

In his remarks, Senate President Godswill Akpabio said the debate had highlighted important challenges requiring attention across Nigeria’s healthcare system.

He urged lawmakers to support the bill’s progression, noting that identified shortcomings could be addressed through further legislative deliberations and consultations with relevant stakeholders.

Akpabio also stressed the need for the Federal Government, state governments and local government authorities to work together to provide the facilities and resources required for effective healthcare delivery.