Senate proposes jail, N300,000 fine for hospitals rejecting emergency patients

MaTaZ ArIsInG
Dallas, Texas

The Senate is considering a bill seeking a six-month jail term or a fine of up to N300,000 for hospitals and healthcare providers that violate proposed emergency treatment standards.

The bill also seeks to compel public and private hospitals to assess emergency patients within 15 minutes of arrival, commence initial stabilisation within 30 minutes and complete referrals to other facilities within three hours where necessary.

By Adebayo Folorunsho-Francis

Sponsored by Senator Abdulaziz Yar’Adua, the proposed legislation seeks to amend the National Health Act, 2014, to establish enforceable standards for emergency medical treatment, healthcare workers’ training and patient referral procedures.

Leading the debate at Wednesday’s plenary, Yar’Adua said the amendment would address critical gaps in Nigeria’s healthcare system and ensure that patients received timely, life-saving treatment during emergencies, irrespective of their social status, wealth, influence or location.

He said, “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.”

The proposed amendment further requires hospitals to begin basic stabilisation measures, including oxygen therapy, intravenous fluids, pain relief and preliminary diagnostic procedures, within 30 minutes of a patient’s arrival.

It also mandates immediate life-saving interventions, including cardiopulmonary resuscitation, airway management and bleeding control, once a life-threatening condition is identified.

Where a patient requires admission, the hospital would be required to assign a bed within two hours, subject to availability.

However, facilities without available beds must immediately stabilise patients and commence referral arrangements within two hours of arrival or as soon as the patient is assessed and considered stable for transfer.

The bill also requires hospitals to begin ambulance dispatch or arrange alternative transportation within 30 minutes of deciding to refer a patient.

Yar’Adua said the proposed amendment was consistent with international practices, citing Ghana, South Africa, Kenya, the United Kingdom and the United States.

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

He lamented that some healthcare providers neglected emergency patients, resulting in preventable deaths, adding that the proposed legislation would introduce criminal liability for violations of emergency treatment standards.

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