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Why Reps Move to Revoke Licences of Hospitals Denying Patients Emergency Treatment
The House of Representatives has proposed tougher sanctions, including the suspension or revocation of operating licences, for hospitals that refuse, delay or obstruct emergency medical treatment.
The proposal is contained in a bill seeking to amend the National Health Act, 2014, which passed its second reading on Wednesday.
Sponsored by the member representing Ikole/Oye Federal Constituency of Ekiti State, Akin Rotimi, the bill seeks to strengthen patients’ rights to emergency medical care by introducing mandatory triage, stabilisation and referral procedures, alongside clearly defined timelines and enforcement measures.
Under the proposed amendment, hospitals would be required to commence triage within 15 minutes of a patient’s arrival and provide basic stabilisation within 30 minutes.
It also stipulates that life-saving interventions must begin immediately once a life-threatening condition is identified, regardless of administrative procedures or payment arrangements.
Leading the debate on the bill, Rotimi said the proposed legislation was aimed at preventing avoidable deaths and complications caused by delays in accessing emergency healthcare services.
He lamented that despite existing provisions in the National Health Act prohibiting hospitals from refusing emergency treatment, patients continued to face administrative bottlenecks, demands for payment before treatment, bed shortages and poorly coordinated referrals.
According to him, Section 20 of the National Health Act, 2014, already guarantees patients access to emergency medical treatment, but stronger operational standards and enforcement mechanisms are necessary to ensure compliance.
The bill also seeks to address delays caused by shortages of medical personnel by allowing trained and certified nurses to conduct emergency triage where a medical practitioner is unavailable.
On emergency admission, healthcare facilities would be required to provide beds for emergency patients within two hours, where available.
Where no bed is available, hospitals must commence stabilisation and initiate referral within two hours of the patient’s arrival or immediately after clinical stabilisation.
The proposed amendment further requires hospitals to arrange transportation within 30 minutes of a referral decision and complete the patient’s transfer within three hours, except where circumstances beyond the facility’s control make compliance impossible.
Beyond the proposed response timelines, the legislation introduces stiffer penalties for healthcare facilities and professionals that fail to meet their emergency care obligations.
Hospitals found guilty of refusing, delaying or obstructing emergency treatment could face financial penalties, suspension of their operating licences and, for subsequent violations, possible closure or outright withdrawal of their licences.
Healthcare professionals who deliberately refuse to attend to emergency patients or abandon them could also face criminal sanctions and disciplinary action from their professional regulatory bodies.
However, the bill recognises that some healthcare facilities operate under genuine resource constraints. It therefore provides protection for medical personnel who act in good faith, properly document resource limitations and follow established referral procedures.
It also proposes that patients or their representatives could institute civil actions and seek compensation where injury, disability or death results from violations of the emergency treatment provisions.
In addition, the bill mandates the Medical and Dental Council of Nigeria and the Nursing and Midwifery Council of Nigeria to jointly develop and maintain a standardised national emergency care curriculum.
Healthcare workers involved in emergency services would also be required to undergo mandatory training and certification at intervals not exceeding 18 months.
Rotimi said the proposed amendment was designed to protect lives, improve accountability and restore public confidence in Nigeria’s healthcare system.
He argued that the ability of hospitals to respond promptly to medical emergencies was a critical measure of the strength of any healthcare system.
The lawmaker maintained that no Nigerian should be forced to negotiate for medical attention or make payment arrangements before receiving life-saving treatment during an emergency.
He urged his colleagues to support the bill, describing it as an important legislative step towards ensuring timely, coordinated and accountable emergency medical services across the country.
The proposed amendment comes amid longstanding concerns over access to emergency healthcare in Nigeria, where patients and their families often encounter financial barriers, inadequate medical facilities, shortages of healthcare workers and poor referral arrangements.
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