By Our Reporter
The Nigerian Association of Resident Doctors (NARD) has rejected a proposed amendment to the National Health Act seeking to impose a six-month imprisonment or a fine of up to ₦300,000 on healthcare professionals and medical facilities over delays in providing emergency treatment.
The association described the proposed legislation as punitive, arguing that it seeks to criminalise doctors for failures arising from years of inadequate funding, poor infrastructure, insufficient manpower and neglect of the healthcare system.
The bill, which has reportedly passed its second reading in the Senate, seeks to introduce mandatory timelines for assessing and treating emergency patients in hospitals.
In a statement made available to journalists on Friday in Calabar, NARD said it recognised the importance of prompt emergency medical attention and protecting patients from preventable deaths but would oppose any legislation that punished healthcare workers without addressing the challenges confronting hospitals.
The statement was signed by the association’s President, Dr Ogar Idoko; Secretary-General, Dr Besongngem Akotanchi; and Publicity and Social Secretary, Dr Ashimom Timothy.
NARD said resident doctors across the country continued to work under extremely difficult conditions, including obsolete medical equipment, inadequate staffing, unreliable electricity, shortages of emergency supplies and deteriorating hospital infrastructure.
According to the association, these challenges are consequences of longstanding institutional neglect rather than professional negligence.
“It is unacceptable to punish doctors for the consequences of a healthcare system that successive governments have failed to adequately fund, equip and staff,” the statement said.
The doctors also faulted the National Assembly for prioritising punitive measures against frontline healthcare workers while Nigeria continues to fall short of the 15 per cent health budget allocation target recommended under the Abuja Declaration.
They challenged lawmakers to demonstrate similar urgency in ensuring adequate healthcare funding, functional emergency departments, modern diagnostic equipment, reliable electricity, functional ambulance services and sufficient medical personnel.
“You cannot legislate oxygen into an empty cylinder, electricity into a dark operating theatre, or life-saving equipment into an inadequately funded hospital,” NARD stated.
The association further called on legislators to subject themselves to the same accountability standards they intend to impose on healthcare professionals.
It suggested that if imprisonment was considered an appropriate response to failures in the healthcare system, lawmakers should consider legislation compelling public officeholders to seek medical treatment in Nigerian government hospitals, with appropriate sanctions for the misuse of public funds on avoidable medical trips abroad.
NARD also warned that introducing additional criminal penalties against already overstretched medical professionals could worsen the country’s growing brain drain, popularly known as the japa syndrome.
It argued that Nigeria was already struggling to retain skilled doctors and nurses, adding that creating a hostile and punitive working environment could encourage more healthcare professionals to leave the country.
Although the association acknowledged that the proposed amendment reportedly contained provisions recognising resource limitations and circumstances beyond the control of medical practitioners, it insisted that such safeguards must be explicit, comprehensive and enforceable.
It maintained that doctors should not face criminal prosecution for institutional failures, unavailable medical equipment, inadequate staffing or other circumstances beyond their reasonable control.
The proposed amendment, sponsored by Senator Abdulaziz Yar’Adua, seeks to strengthen emergency medical treatment provisions under the National Health Act, 2014.
Under the proposed standards, hospitals would be required to assess emergency patients within 15 minutes of arrival, commence stabilisation within 30 minutes and complete referrals within three hours where necessary.
The bill also proposes penalties for hospitals and healthcare providers that violate the stipulated emergency treatment requirements.