Ontario dental hygienist found guilty of sexual abuse after treating his wife

Alexandru Tanase lost licence even though patient was his spouse and the sex consensual

A dental hygienist stripped of his licence as a sexual abuser because he treated his wife has lost his bid to have the punishment overturned.

Ontario’s Divisional Court decision upholding the “harsh” punishment for Alexandru Tanase comes even though regulators have proposed allowing hygienists to treat spouses as dentists may do.

“There is no other case of any dental hygienist anywhere in Canada who has been found guilty of sexual abuse for treating his wife,” the court said in its ruling. “It is indeed unfortunate that the (discipline committee) elected to proceed with the complaint.”

A disciplinary hearing arose after a complaint to the College of Dental Hygienists of Ontario from a colleague, who had spotted a June 2016 Facebook post from Tanase’s grateful wife, identified as S.M., about the care he had provided her.

Evidence before the discipline committee was that S.M. feared dental treatment and had had no care for several years when she became platonic friends with Tanase in 2012. He soon provided her with free in-office treatment.

In mid-2014, court records show, they became romantically involved and he stopped treating her because of the blanket ban on sexual relations between health-care professionals and their patients. The province enacted the zero-tolerance policy in 1993 to protect patients from exploitation. Consent is irrelevant.

While working at a clinic in Guelph, Ont., a colleague told Tanase that dental hygienists were allowed to treat their spouses. In fact, the college approved a spousal exemption in September 2015 but the legislature never adopted the rule — as it has done for dentists.

Based on his erroneous understanding of the law, Tanase began again treating his otherwise treatment-averse fiancee, and continued doing so after they married in early 2016.

The discipline committee ruled it had no choice but to find Tanase had violated the ban on sexual relations with a patient — even though the patient was his spouse and the sex consensual — and therefore subject to mandatory licence revocation.

“You have paid a heavy price,” the committee said. “We sincerely hope to see you again as an active member of the dental hygiene profession.”

READ MORE: Stage 4 cancer patient accuses Chilliwack doctor of missing diagnosis

Tanase appealed to the courts, arguing the law violated his constitutional rights.

In its ruling, the Divisional Court panel said Tanase posed no danger to the public, and expressed sympathy for the couple given that he cannot practise for at least five years.

The panel noted a previous case in which the college took no action against a female hygienist who treated her husband in light of their pre-existing spousal relationship and questioned why the Tanase complaint had gone forward. The court also said it seemed unfair that dentists can treat their spouses but hygienists can’t.

Nevertheless, the panel ruled the licence revocation as a “sexual abuser” and “stigma” of having details of his discipline posted on the college’s public website were constitutional and did not amount to cruel or unusual punishment. Current law and previous legal decisions upholding the validity of the sex ban and mandatory punishment for a violation had tied its hands, the court said.

“Unless and until the Ontario government approves the regulation put forward by the College of Dental Hygienists to enact a spousal exemption, the mandatory revocation and ancillary relief imposed by the discipline committee as they pertain to spouses must be upheld,” the panel said.

Colin Perkel, The Canadian Press

READ MORE: Salmon Arm dental hygienist joins in Gift From the Heart Day

Like us on Facebook and follow us on Twitter

Just Posted

Abbotsford’s Buttar, Kahlon named to all-rookie team

Cascades first year players earn U Sports nods after stellar debut seasons

Carol Young, an artist who fought for timely cancer treatment in Abbotsford, dies before first solo show

B.C. Haida artist’s exhibit to open Saturday at downtown Seattle gallery

Paramedics respond to two-car crash in Abbotsford

Sedan and SUV collided just after 10 a.m. on Ash Street

Abbotsford opera singer to perform in Vancouver production

Lauren Solomon plays role in Gianni Schicchi with Opera Mariposa

KMS Tools celebrating grand opening in Abbotsford

New location on McConnell Road, right next to Costco

VIDEO: B.C. to restrict nicotine content, bring in 20% tax on vaping products

Province will also restrict candy and fruit flavoured vaping products to adult-only stores

B.C. government working with RCMP to address $10 million in budget cuts

Public Safety Minister Mike Farnworth issues statement following report of RCMP cost-cutting

UPDATE: Metro Vancouver bus drivers to refuse overtime as transit strike escalates

Overtime ban could disrupt 10-15 per cent of bus service in Metro Vancouver

‘City that protects rapists’: Sexual assault survivor slams Kelowna mayor for defending RCMP

Heather Friesen spent the morning handing out flyers around city hall calling out the mayor

South Surrey man and city settle beef over backyard cow

Asad Syed, who kept a calf on his property last year, met City of Surrey in court Tuesday

Batten down the hatches: Wet and windy weekend on the way for coastal B.C.

Environment Canada issues special weather warning for Lower Mainland, Vancouver Island

BC Liquor Stores to move fully to paper bags by March

Vancouver Island to be the first to convert to paper bags in November

Tolko shuts B.C. divisions for two weeks over holidays

Head office to close from Dec. 23-27; two weeks’ downtime runs Dec. 21-Jan. 6

Extreme career fair draws hundreds to Langley Events Centre

Black Press event included more than 60 employers

Most Read