The Nigerian Senate has passed for second reading a bill seeking to make emergency medical treatment compulsory in all public and private hospitals across the country, proposing up to six months’ imprisonment for healthcare facilities and individuals who violate its provisions.
The proposed legislation also recommends a fine of up to ₦300,000, imprisonment for six months, or both, for anyone found guilty of denying patients emergency medical attention.
Sponsored by Senator Abdulaziz Musa Yar’Adua (APC, Katsina Central), the bill seeks to amend the National Health Act, 2014, by establishing mandatory emergency medical treatment standards and referral protocols for healthcare facilities nationwide.
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), the legislation was referred to the Senate Committee on Health (Secondary and Tertiary) for further legislative consideration, with a directive to report back within four weeks.
Under the proposed amendment, no healthcare provider, medical professional or healthcare establishment would be permitted to deny emergency medical treatment to anyone, irrespective of their circumstances.
The bill further requires healthcare professionals to immediately commence life-saving interventions, including cardiopulmonary resuscitation, airway management and bleeding control, upon identifying a life-threatening medical condition.
It also proposes that hospitals conduct triage and initial patient assessments within 15 minutes of arrival, while basic stabilisation procedures, including oxygen administration, intravenous fluids, pain management and preliminary diagnostic investigations, must commence within 30 minutes.
For patients requiring admission, hospital beds are expected to be allocated within two hours, subject to availability. Where beds are unavailable, healthcare facilities would be required to commence immediate stabilisation and arrange the patient’s transfer to another hospital.
The proposed legislation also stipulates that referral arrangements must begin within two hours, while the transfer process should be completed within three hours of the patient’s arrival, except where circumstances beyond the control of the healthcare facility prevent compliance.
Additionally, hospitals would be required 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 mandates 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, the proposed amendment provides protection for healthcare practitioners where resource constraints make compliance impossible, provided such limitations are properly documented and established referral procedures are followed.
Leading debate on the bill, Senator Yar’Adua said the proposed amendment would address critical gaps in Nigeria’s healthcare system by establishing enforceable standards for emergency medical treatment and referral procedures.
He maintained that the legislation would guarantee timely and life-saving medical attention to Nigerians during emergencies, irrespective of their social status, financial capacity, influence or geographical location.
According to him, preventable deaths continue to occur because many healthcare facilities operate without clearly defined and enforceable timelines for patient assessment, stabilisation and treatment.
He cited Nigeria’s contribution to approximately 10 per cent of global maternal deaths, attributing part of the challenge to delays in accessing emergency obstetric care.
Yar’Adua explained that the proposed legislation 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 under documented resource limitations while ensuring accountability for wilful negligence.
The senator also noted that the proposed amendment aligns with international healthcare practices, citing Ghana, South Africa, Kenya, the United Kingdom and the United States as examples.
Supporting the bill, the Senate Whip, Senator Mohammed Monguno (APC, Borno North), said the proposed legislation would help address avoidable deaths arising from road accidents and maternal health emergencies.
He lamented that some healthcare providers neglect emergency patients, resulting in preventable deaths, and argued that the proposed amendment would establish criminal liability for such negligence.
Monguno said the legislation would address shortcomings in the existing National Health Act and reinforce the government’s responsibility to protect the welfare and lives of citizens.
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 observed that rural communities particularly needed the intervention, noting that complications during childbirth often require urgent referrals from primary healthcare centres to more advanced medical facilities.
Plang emphasised that patients must be stabilised before transportation, adding that the proposed provisions would help prevent avoidable deaths during emergency transfers.
However, he identified inadequate medical personnel, insufficient oxygen cylinders and a shortage of emergency equipment in many hospitals as major challenges that could hinder compliance with the proposed timelines.
Contributing to the debate, Senator Francis Faduyile (APC, Ondo South) cautioned against criminalising healthcare professionals without first addressing inadequate medical facilities, personnel shortages and other systemic challenges confronting the country’s healthcare sector.
He questioned how a doctor attending to several patients simultaneously could be held criminally responsible when another emergency case arrived.
Faduyile also raised concerns about inadequate funding, observing that private healthcare providers frequently attend to emergency patients without receiving reimbursement for the services rendered.
He argued that Nigeria’s healthcare challenges required a comprehensive review of the National Health Act rather than concentrating primarily on punitive measures against medical professionals.
The Senate Minority Leader, Senator Abba Moro (PDP, Benue South), said the bill had exposed several gaps in the country’s healthcare system that required comprehensive legislative attention.
He expressed confidence that the committee stage and proposed public hearing would provide opportunities for healthcare professionals and other relevant stakeholders to contribute to the proposed amendment.
Moro, who referred to experiences in Mexico, where emergency responders and ambulances reportedly attend promptly to accident victims, condemned the practice of hospitals demanding police reports before attending to emergency patients.
He stressed that saving human lives must remain the overriding priority in emergency medical situations.
In his remarks, the President of the Senate, Senator Godswill Akpabio, said the debate had highlighted critical challenges requiring urgent attention across the country’s healthcare system.
Akpabio urged lawmakers to support the bill’s progression, noting that identified shortcomings could be addressed through further legislative deliberations and consultations with relevant stakeholders.
He further emphasised the need for the Federal Government, state governments and local government authorities to work collectively towards providing the facilities, personnel and resources required for effective healthcare delivery nationwide.
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