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Senate Considers Six-Month Jail Term, ₦300,000 Fine for Hospitals Violating Emergency Treatment Standards
Senate Considers Six-Month Jail Term, ₦300,000 Fine for Hospitals Violating Emergency Treatment Standards
The Nigerian Senate is considering a proposed amendment to the National Health Act, 2014, that could expose public and private hospitals, as well as healthcare providers, to a six-month jail term, a fine of up to ₦300,000, or both, for violating prescribed emergency medical treatment standards.
The proposed legislation is aimed at addressing delays in emergency healthcare delivery, preventing avoidable deaths and ensuring that patients receive prompt medical attention regardless of their financial circumstances, social status or influence.
Sponsored by Senator Abdulaziz Yar’Adua, the bill seeks to introduce legally enforceable timelines for emergency patient assessment, initial medical stabilisation, life-saving interventions and referrals to other healthcare facilities.
Under the proposed provisions, public and private hospitals licensed to provide emergency medical services would be required to commence triage and initial assessment within 15 minutes of a patient’s arrival at the emergency department. Where a licensed medical doctor is unavailable, a trained and certified nurse would be permitted to conduct the initial assessment.
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The legislation also stipulates that hospitals must begin basic stabilisation procedures within 30 minutes of arrival. Such interventions include oxygen therapy, administration of intravenous fluids, pain relief and preliminary diagnostic procedures.
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In cases involving life-threatening conditions, healthcare facilities would be expected to immediately commence critical interventions, including cardiopulmonary resuscitation, airway management and bleeding control, to prevent further deterioration and improve patients’ chances of survival.
Leading the debate on the bill during Wednesday’s plenary, Senator Yar’Adua said the proposed amendment would address critical weaknesses in Nigeria’s healthcare delivery system, particularly the persistent problem of patients being denied or delayed emergency treatment. He stressed that access to life-saving medical attention should not depend on a patient’s wealth, social connections, political influence or geographical location.
The senator further proposed a standardised national emergency care training curriculum to be jointly developed and maintained by the Medical and Dental Council of Nigeria and the Nursing and Midwifery Council of Nigeria.
“The Medical and Dental Council of Nigeria and the Nursing and Midwifery Council of Nigeria shall jointly develop and maintain a standardised national emergency care curriculum, and all healthcare workers involved in the provision of emergency medical care shall be required to undergo such training and certification at intervals not exceeding 18 months.
“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. Where a licensed medical doctor is unavailable, a trained and certified nurse may conduct the triage.
“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 stated.
Beyond initial emergency treatment, the proposed amendment also establishes timelines for hospital admissions and patient transfers where specialised medical attention is required. Hospitals would be required to assign beds to patients needing admission within two hours, subject to availability.
However, where a facility has no available bed, it would be obligated to provide immediate stabilisation and initiate referral arrangements within two hours of the patient’s arrival or as soon as the patient has been assessed and considered stable enough for transfer.
The bill also seeks to eliminate unnecessary delays in emergency referrals by requiring hospitals to commence ambulance dispatch or arrange alternative transportation within 30 minutes after deciding that a patient needs to be transferred to another medical facility.
Yar’Adua maintained that the proposed provisions align with international best practices in emergency healthcare management, pointing to existing approaches in countries such as Ghana, South Africa, Kenya, the United Kingdom and the United States.
The legislation is expected to strengthen accountability among healthcare providers by making compliance with emergency treatment procedures a legal obligation rather than leaving such responsibilities entirely to institutional discretion.
Supporting the proposed amendment, the Senate Whip, Senator Mohammed Monguno, representing Borno North Senatorial District under the All Progressives Congress (APC), described the bill as an important intervention that could help reduce preventable deaths arising from road traffic accidents, maternal emergencies and other critical medical situations.
Monguno expressed concern over instances where healthcare providers allegedly neglect patients requiring urgent medical attention, sometimes resulting in deaths that could have been prevented through timely intervention. He argued that introducing criminal liability for hospitals and healthcare workers who violate established emergency treatment standards would help discourage negligence and compel medical facilities to prioritise patients in life-threatening situations. If passed into law, the proposed amendment would represent a significant step towards strengthening emergency healthcare regulation in Nigeria, establishing clearer responsibilities for medical facilities and providing legal consequences for failures to deliver timely emergency care.
It would also reinforce the principle that every patient deserves immediate and appropriate medical attention in an emergency, irrespective of their ability to pay or their standing in society.
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