The Nigerian Association of Resident Doctors (NARD) has threatened possible nationwide industrial action over proposed provisions in a bill seeking to impose up to six months’ imprisonment or a ₦300,000 fine on healthcare workers who deny or delay emergency medical treatment.
The association described the proposed criminal sanctions as unfair and punitive, arguing that doctors should not be held personally liable for failures arising from inadequate hospital infrastructure, insufficient personnel, poor funding and shortages of essential medical supplies.
The controversy follows the passage for second reading of the National Health Act (Amendment) Bill, 2026, sponsored by Senator Abdulaziz Yar’Adua, representing Katsina Central.
The proposed legislation seeks to establish mandatory standards for emergency treatment and referral procedures in public and private healthcare facilities. Among other provisions, it proposes that emergency patients receive initial assessment within 15 minutes of arrival, while basic stabilisation measures should be provided within 30 minutes.
It also sets out requirements for immediate life-saving interventions and timely referral of patients requiring specialised treatment.
While acknowledging the importance of improving emergency medical services, NARD argued that imposing criminal penalties without first addressing the structural problems confronting hospitals could worsen the country’s healthcare challenges.
In a statement, the association maintained that doctors should not be punished for circumstances beyond their control, including unavailable equipment, inadequate staffing, unreliable electricity and shortages of emergency medicines and supplies.
“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 association said.
NARD warned that the proposed provisions could increase pressure on already overstretched medical personnel and encourage more healthcare professionals to seek opportunities outside the country.
The association also questioned the practical application of strict emergency-care timelines in facilities where doctors and nurses are insufficient to handle patient numbers, essential equipment is unavailable or referral systems are ineffective.
It challenged lawmakers to give equal attention to improving hospital infrastructure, ensuring reliable power supply, providing functional ambulances and employing sufficient medical personnel.
The association further urged the National Assembly to reconsider the punitive provisions and consult medical professionals, hospital administrators, patient representatives and other relevant stakeholders before advancing the bill.
NARD warned that it would convene its appropriate decision-making organs to consider lawful options, including nationwide industrial action, if the proposed sanctions were retained without adequate safeguards.
It, however, said arrangements would be made to protect emergency and critically ill patients should industrial action become unavoidable.
The Nigerian Medical Association (NMA) has also raised concerns about the proposed criminal liability, arguing that lawmakers must distinguish deliberate professional misconduct from failures caused by institutional limitations.
The bill has been referred to the Senate Committee on Tertiary and Primary Health for further legislative consideration and a public hearing.
The disagreement has highlighted a difficult policy question: how to protect patients from neglect while ensuring that healthcare workers are not criminally punished for failures they lack the resources or authority to prevent.
