Navigating Privacy Regulations and Guidelines for Dental Practices in Canada

Protecting patient information is a critical aspect of running a dental practice, yet it often feels like “just another thing to worry about”. Part of the problem is the vast amount of research and education required to even begin to know what to do. In this blog post we will first start by pointing you in the right direction depending on which province you operate your practice in.

Most dental practices today are highly digitized which helps grow a dental practice, but also poses risks for the security of patient and practice data. Dentists don’t want to lose the patient trust they’ve built by having to report a breach, but also downtime from hacking viruses, and ransomware causes huges expense.

To understand which laws and guidelines apply to your dental practice, please check the list below.

Dentists and dental teams must adhere to a range of privacy regulations and guidelines to ensure they are compliant and maintaining the highest standards of patient confidentiality. While simply “complying” will not assure data security, it does provide insights and security guardrails based on certain rules for safe data handling.

Please note: Most dental practices will need to take into consideration the fedreal privacy law PIPEDA and/or the provincial privacy law(s), and well as their provincial regulatory college guidelines.

Federal Privacy Law

1. Personal Information Protection and Electronic Documents Act (PIPEDA)
   • Description: PIPEDA is a federal law that governs how private sector organizations, including dental practices, collect, use, and disclose personal information in commercial activities. This law emphasizes the importance of handling patient information with confidentiality and only for intended purposes.
   • Link: PIPEDA

Provincial Privacy Laws

1. Alberta
   • Health Information Act (HIA)
     • Description: Regulates the collection, use, and disclosure of health information by custodians, including dentists.
     • Link: Health Information Act (HIA)
2. British Columbia
   • Personal Information Protection Act (PIPA)
     • Description: Governs how private sector organizations handle personal information.
     • Link: PIPA
   • Freedom of Information and Protection of Privacy Act (FIPPA)
     • Description: Applies to public bodies, including educational institutions associated with dental training.
     • Link: FIPPA
3. Manitoba
   • Personal Health Information Act (PHIA)
     • Description: Governs the protection of personal health information by trustees, including dental practitioners.
     • Link: PHIA
4. New Brunswick
   • Personal Health Information Privacy and Access Act (PHIPAA)
     • Description: Manages the collection, use, and disclosure of personal health information.
     • Link: PHIPAA
5. Newfoundland and Labrador
   • Personal Health Information Act (PHIA)
     • Description: Protects the privacy of individuals’ personal health information and ensures the confidentiality of that information.
     • Link: PHIA
6. Nova Scotia
   • Personal Health Information Act (PHIA)
     • Description: Applies to the handling of personal health information by custodians, including dental practices.
     • Link: PHIA
7. Ontario
   • Personal Health Information Protection Act (PHIPA)
     • Description: Governs the collection, use, and disclosure of personal health information by healthcare providers.
     • Link: PHIPA
8. Prince Edward Island
   • Health Information Act (HIA)
     • Description: Governs the collection, use, and disclosure of personal health information.
     • Link: HIA
9. Quebec
   • Act Respecting the Protection of Personal Information in the Private Sector (ARPPIPS)
     • Description: Applies to the handling of personal information by private sector organizations.
     • Link: ARPPIPS
   • Act Respecting Health Services and Social Services (ARHSSS)
     • Description: Manages the protection of personal health information within health and social services.
     • Link: ARHSSS
10. Saskatchewan
    • Health Information Protection Act (HIPA)
      • Description: Governs the use, collection, and disclosure of personal health information by trustees, including dentists.
      • Link: HIPA

Regulatory College Guidelines

Each province also has dental regulatory colleges that provide specific guidelines and standards for managing patient information. Here are some key guidelines:

1. Royal College of Dental Surgeons of Ontario (RCDSO)
   • Privacy Code
     • Description: Outlines dentists’ responsibilities in protecting patient privacy and managing personal health information securely.
     • Link: RCDSO Privacy Code
2. College of Dental Surgeons of British Columbia (CDSBC)
   • Practice Standards
     • Description: Provides guidelines on the ethical handling of patient information and maintaining confidentiality.
     • Link: CDSBC Practice Standards
3. Alberta Dental Association and College (ADA+C)
   • Privacy and Confidentiality Guidelines
     • Description: Details obligations regarding the protection of patient information and compliance with the Health Information Act.
     • Link: ADA+C Privacy Guidelines
4. College of Dental Surgeons of Saskatchewan (CDSS)
   • Privacy Policy
     • Description: Establishes standards for the collection, use, and disclosure of personal health information.
     • Link: CDSS Privacy Policy
5. Manitoba Dental Association (MDA)
   • Privacy Guidelines
     • Description: Provides recommendations for the proper handling of patient information in compliance with PHIA.
     • Link: MDA Privacy Guidelines
6. New Brunswick Dental Society (NBDS)
   • Privacy and Information Management Policy
     • Description: Guidelines for managing patient health information and ensuring confidentiality.
     • Link: NBDS Privacy Policy
7. Nova Scotia Dental Association (NSDA)
   • Privacy Policy
     • Description: Outlines procedures for safeguarding personal health information in dental practices.
     • Link: NSDA Privacy Policy
8. Newfoundland and Labrador Dental Board (NLDB)
   • Privacy and Confidentiality Policy
     • Description: Sets forth standards for protecting patient health information.
     • Link: NLDB Privacy Policy
9. Prince Edward Island Dental Association (PEIDA)
   • Privacy Guidelines
     • Description: Provides a framework for maintaining patient confidentiality and securing personal health information.
     • Link: PEIDA Privacy Guidelines
10. Ordre des dentistes du Québec (ODQ)
    • Guide de gestion de l’information et de la protection des renseignements personnels
      • Description: Comprehensive guide on managing personal information and ensuring patient privacy.
      • Link: ODQ Privacy Guide
11. Yukon Dental Association (YDA)
    • Privacy Policy
      • Description: Establishes guidelines for the protection of patient information in compliance with territorial regulations.
      • Link: YDA Privacy Policy
12. Northwest Territories Dental Association (NTDA)
    • Privacy Guidelines
      • Description: Standards for handling personal health information and ensuring patient confidentiality.
      • Link: NTDA Privacy Guidelines
13. Nunavut Dental Association (NDA)
    • Privacy Policy
      • Description: Framework for managing and protecting patient health information.
      • Link: NDA Privacy Policy

Key Takeaways for Dentists

• Compliance: Understand and adhere to both federal and provincial privacy regulations.
• Patient Consent: Ensure patient consent is obtained before collecting, using, or disclosing personal information.
• Secure Practices: Implement robust security measures to protect patient data.
• Regular Training: Provide continuous privacy and security training to all staff members.

Would you like help developing your privacy and cybersecurity program? Check out our online courses: https://myla.training/program_category/training/ or contact Anne Genge – Certified privacy & security professional for a complimentary consultation: https://calendly.com/anne-genge/discovery-call?month=2024-07