The Nigerian Association of Resident Doctors has opposed a proposed amendment to the National Health Act that seeks to punish healthcare professionals and facilities with a six-month imprisonment or a fine of up to N300,000 for delays in providing emergency medical treatment.
The association described the proposed legislation, which has reportedly passed its second reading in the Senate, as punitive, arguing that it seeks to criminalise medical practitioners for shortcomings in a healthcare system plagued by inadequate funding, equipment and personnel.
In a statement made available to journalists on Friday in Calabar, NARD said it supported the need for timely emergency medical services but would resist any law that penalised doctors without addressing the underlying challenges in the health sector.
The statement was signed by its President, Dr Ogar Idoko, Secretary General, Dr Besongngem Akotanchi, and Publicity and Social Secretary, Dr Ashimom Timothy.
The statement read, “The attention of the leadership of NARD has been drawn to reports of a proposed amendment to the National Health Act seeking to impose a six-month jail term or a fine of up to N300,000.00 on healthcare professionals and facilities over delays in emergency medical treatment.
“The proposed legislation, which has reportedly passed second reading in the Senate, seeks to introduce mandatory timelines for emergency care treatment and referral.
“While NARD recognises the importance of prompt emergency care and the need to protect patients from avoidable harm, we unequivocally reject any legislative approach that criminalises healthcare professionals without adequately addressing the systemic failures that undermine emergency medical services in Nigeria.”
The association said medical practitioners nationwide operate in challenging environments, with many hospitals lacking functional equipment, adequate staff, reliable power supply, essential emergency materials and proper infrastructure.
“It is unacceptable to punish doctors for the consequences of a healthcare system that successive governments have failed to adequately fund, equip and staff,” part of the statement read.
NARD maintained that the difficulties confronting emergency medical services were largely attributable to years of institutional neglect rather than professional negligence.
It also expressed concern that lawmakers were pursuing punitive measures against frontline medical workers while the country remained below the 15 per cent health budget allocation target stipulated under the Abuja Declaration.
“We challenge the National Assembly to demonstrate the same legislative urgency in ensuring adequate healthcare funding, functional emergency departments, modern diagnostic equipment, uninterrupted electricity, reliable ambulance services and sufficient healthcare personnel,” NARD said.
“You cannot legislate oxygen into an empty cylinder, electricity into a dark operating theatre, or life-saving equipment into an inadequately funded hospital,” it added.
The association further urged members of the National Assembly to embrace the same accountability standards they intend to enforce on healthcare professionals.
NARD suggested that if lawmakers considered imprisonment appropriate for failures in the health system, they should first enact laws requiring public officeholders to receive medical treatment in Nigerian government hospitals, alongside sanctions for the misuse of public funds on avoidable overseas medical trips.
The doctors warned that imposing additional criminal sanctions on already overburdened healthcare workers could worsen the country’s medical brain drain, popularly referred to as the japa syndrome.
According to the association, Nigeria’s struggle to retain qualified medical personnel could be intensified by the creation of a hostile and punitive work environment, potentially prompting more doctors and nurses to seek opportunities abroad.
Although NARD acknowledged that the proposed bill reportedly contains provisions for resource constraints and circumstances beyond the control of medical practitioners, it insisted that the protections must be clearly defined and enforceable.
It said healthcare professionals should not face criminal prosecution for institutional shortcomings, unavailable medical equipment, inadequate staffing or other situations beyond their reasonable control.
The PUNCH had earlier reported that the Senate was considering a bill proposing a six-month jail term or a fine of up to ₦300,000 for hospitals and healthcare providers that fail to comply with proposed emergency treatment standards.
The legislation seeks to mandate hospitals to assess emergency patients within 15 minutes of arrival, commence stabilisation within 30 minutes and complete referrals within three hours, where necessary.
Sponsored by Senator Abdulaziz Yar’Adua, the bill seeks to amend the National Health Act, 2014.
