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Reps propose licence suspension for hospitals denying patients emergency treatment

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A bill seeking to amend the National Health Act 2014 to authorise the suspension or withdrawal of licences belonging to healthcare facilities that refuse or delay emergency medical treatment has passed its second reading in the House of Representatives.

The proposed legislation, sponsored by Akin Rotimi, spokesperson of the House of Representatives, seeks to improve emergency medical services by making triage, patient stabilisation and referral procedures compulsory in healthcare facilities.

Section 20 of the National Health Act 2014 prohibits healthcare providers, medical workers and health establishments from denying anyone emergency medical treatment on any grounds. It prescribes a fine of N100,000, imprisonment for up to six months, or both for those who violate the provision.

Despite this legal requirement, some healthcare facilities have reportedly turned away patients requiring urgent medical attention and directed them to other hospitals.

Presenting the bill during Wednesday’s plenary, Rotimi said the proposed amendment would help prevent deaths arising from delayed treatment, administrative obstacles, demands for payment before care is provided and poorly managed referrals.

The lawmaker expressed concern that Nigerians continued to experience avoidable medical complications and deaths because some healthcare facilities failed to respond promptly to emergencies, despite the existing law prohibiting such practices.

Under the proposed legislation, hospitals would be required to commence triage within 15 minutes of a patient’s arrival and provide initial stabilisation within 30 minutes.

It also stipulates that life-saving medical interventions must begin immediately once a life-threatening condition has been identified.

The bill further requires hospitals with available beds to allocate one to an emergency patient within two hours.

Where a facility has no available bed, it must begin stabilising the patient and arrange a referral within two hours of arrival or immediately after the patient has been stabilised.

“Conversely, healthcare establishments that refuse, delay or obstruct emergency treatment face financial penalties, licence suspension and possible closure or withdrawal of licence for subsequent offences,” Rotimi said.

“Health workers who wilfully refuse or abandon emergency patients also face criminal penalties and professional disciplinary proceedings.

“The bill further provides for compensation through civil action against a health facility where injury, disability or death results from a contravention of the emergency treatment provisions. It defines emergency patient, stabilisation, referral, and triage to promote clarity and consistent implementation.”

Rotimi explained that unnecessary delays in emergency care increase the likelihood of patients suffering further complications, permanent disabilities or death. He said the proposed amendment would establish clear obligations and minimum standards for timely medical intervention.

“Nigerian should not have to negotiate for survival at the point of a medical emergency. No family should lose a loved one because treatment was unnecessarily delayed, a referral was poorly coordinated, or a healthcare facility failed to discharge its responsibility,” he said.

The lawmaker added that the amendment would ensure that the right to emergency medical treatment goes beyond being a provision in the country’s laws and is properly reflected in the delivery of healthcare services.