Page 31

PAIN CONTROL/COMPLEMENTARY HEALTH/HEALTH PROMOTION

Hospital spam Continued from page 27

This, coupled with the fact that electronic communications within hospitals are generally quite decentralized, will make for a fairly detailed and onerous internal administrative compliance exercise, particularly in larger facilities with research institutes and revenue-generating groups and programs.

Beginning the CASL Compliance Process In order to comply with CASL, hospitals should start by: 1. Reviewing the organization’s electronic messaging traffic; noting that electronic messaging includes email, text,

Pain puzzle Continued from page 22

What could then be the solution to the pain puzzle? Evident too, all true solutions start with ourselves. If we want the Canadian medical system to provide a true science based approach to the treatment of pain, we have to start by giving ourselves a better education in this and other health related topics (becoming responsible consumers), so we can then question the clinical models that are failing to provide pain relief to so many of us. Otherwise, like in physics, things will just keep moving in the direction where forces push them. For practitioners, we now know enough to start using a more refined diagnostic and treatment model that favors interven-

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instant and social media messaging; 2. Determining which electronic messaging falls under CASL’s definition of CEM, and identify situations where exemptions or implied consent apply; 3. Conduct audits of the organization’s current electronic communications policies and practices with respect to CEM and computer programs to ensure compliance with CASL; 4. Ensure that appropriate consent is in place prior to July 1, 2014 for CEM; and 5. Put procedures in place to ensure ongoing compliance with CASL, including form and content requirements, consent tracking and the scrubbing of implied consents in accordance with CASL’s specified time frames (as applicable). Fortunately for hospital foundations, CEM sent by charities with the primary tions that modulate neurofunction at all relevant levels. Interventions such as electroacupuncture and manual techniques, complemented then with appropriate interventions, including pharmaceutical agents when they have a well-defined role to play. If evidence-based medicine tells us that only a minority of chronic pain is associated with inflammation, why are antiinflammatories one of the most prescribed drugs to chronic pain patients? Perhaps we can find an explanation from the same “Pain in Canada fact sheet� mentioned before: Veterinarians receive five times more training in pain management H than people doctors. ■Dr. Alejandro Elorriaga Claraco, Sports Medicine Specialist (Spain) is Director, McMaster University Contemporary Medical Acupuncture Program.

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Focus 31

objective of ‘raising funds’ for the charity have the benefit of an exemption from CASL. However, even this exemption has left some scratching their heads regarding electronic messaging sent by hospital foundations for purposes other than fundraising given the broad definition of the term ‘commercial’.

Grandfathering and transition One element of relief comes from FAQ’s published by the CRTC which state that valid express consents obtained prior to CASL coming into force will be grandfathered even if they didn’t meet CASL’s identification and contact information requirements, although opt-out consents obtained under the federal privacy legislation will not be grandfathered. There is also deemed implied consent for 36 months where there is an existing business or non-business relationship.

Penalties The maximum penalties for non-compliance with CASL are very steep: up to $10 million for corporations, $1 million for individuals. As well, a private right of action will allow consumers and businesses to commence enforcement proceedings

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Patricia North, LL.B., LL.M. is Legal Counsel, University Health Network.

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and recover damages (mercifully, the private right of action will not be in force until July 1, 2017). Also important to note is that officers, directors and agents are liable, and can be subject to a private right of action, if they directed, authorized or participated in a contravention, unless they can establish that they exercised due diligence to prevent the commission of the violation. The computer programming provisions (the subject of a future article) will not be in force until January 15, 2015. With the exceptions noted above, the rest of CASL will come into force on July 1, 2014. In light of the short timelines, hospitals would be best served by working together, and with the OHA and HIROC, to make sense of this new legislation in the health care context. Develop a standardized approach to CASL would help hospitals become compliant and reign in all of those rogue hospital spammers. *This article is a summary of a current legal issue and is not meant as legal opinion or advice. Readers are cautioned not to rely or act upon the information provided in this article without seeking legal advice H relating to their specific circumstances. â–

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InteractionDay.com • 1-877-311-5333 • 416-620-1940 MARCH 2014 HOSPITAL NEWS

March 2014 Edition  

Hospital News Focus on Pain Control, Rheumatology, Complementary Health and Health Promotion

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