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Learnmore
about
BillC-28
Express consent
means that thepatient specifically
agreed to receiveCEMs either orallyor inwriting.When
seekingpatient consent, dental officeswill need to
clearlyexplainwhat thepatientwouldbeconsenting
toand identify thepersonor organization requesting
consent.
Dental offices canassume
impliedconsent
if they
haveapre-existingbusiness relationshipwithapatient,
which includes situationswhere they soldaproduct or
service to that individualwithin2yearsbefore sending
theCEMor that they receivedan inquiry related to their
serviceswithin6monthsbefore sending theCEM.
Incaseof anallegationof non-compliancewithCASL, it
will be thedental office’s responsibility to
proveconsentwasobtainedbeforeCEMswere sent.
What shouldCEMs include to complywith
CASL?
All CEMswill need to include the following:
• Information that identifies the sender or theperson
onwhosebehalf theCEM is sent
• Contact informationenabling the recipient to readily
contact the sender or thepersononwhose
behalf theCEM is sent (that contact informationwill
need tobevalid for aminimumof 60days
after sending)
• Anunsubscribemechanism
Whatwillbe the requirements for the
unsubscribemechanism?
• All CEMswill need to includea functioning
unsubscribemechanism.
• Themechanismwill need toallow recipients to
unsubscribeeasilyandat nocost. Itwill alsoneed to
beconspicuous and simple.
• Unsubscribe requestswill need tobeput intoeffect
within10businessdayswithout any further action
required from the recipient.
Willdental practiceshavea
graceperiod?
Yes, theywill. CASLprovides a
36-month transitionperiod tocomply
with thenew legislation, considering
that small businessesmight not have
the technology required toautomate
their distribution lists. Existing implied
consentswill remain ineffect during
those36monthsunless recipients
specificallywithdrawconsent.
Are there toolsavailable tohelp
dental offices complywithCASL?
Different companiesoffer tools andpractice
management systems that can facilitatecompliance
withBill C-28. Dentists areencouraged todiscuss this
matterwith their computer and softwarevendors. They
mayalsowish to speakwith their insurancebroker to
discusswhether or not their existingpolicies canbe
expanded tocover liability for their practicesunder
CASL.
a
Disclaimer: The information in this article is an interpretationof the legal implications
of Bill C-28 for dental offices. CDA assumes no legal liability for the accuracy of this
information.When indoubt, dentists areencouraged to consult with a legal advisor.
