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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Death Cafe’s set to make Eckville debut

The four sessions in February will focus on making the most of your life through discussion and tea

Sylvan Lake Wranglers overcome Rocky Rams for the win

The Wranglers faced the Rams for a hard-fought 4-3 victory

Eckville Fundraising Society receives provincial grant for new playground

Tiphany Eliuk, president of the society, says the playground is set to be built this summer

Public asked for feedback on fishery management

Alberta Environment and Parks is asking for feedback either online or at a public engagement session

Lacombe County, Town of Eckville sign Intermunicipal Collaboration Framework

ICF document specifies what and how services are funded and delivered

VIDEO: Canada’s first presumptive case of coronavirus officially confirmed

Both patient and wife arrived on a China Southern Airlines flight after having been to Wuhan

Alberta premier wants feds to approve Teck mine for benefit of First Nations

Kenney: ‘Surely [reconciliation] means saying yes to economic development for First Nations people’

VAUGHAN: Childhood heroes like Kobe are supposed to be immortal

Kobe Bryant tragically passed away in a helicopter crash that claimed the lives of nine people

VIDEO: Music stars pay tribute to Kobe Bryant at Grammys award show

Music artists including Billy Ray Cyrus, Rick Ross and Kirk Franklin paid tribute to Bryant

VIDEO: Alberta man hopes billboard will find him a kidney donor

Jim Lomond has a rare disorder that causes inflammation and damages his kidney tissues

Pregnant B.C. woman stuck in Wuhan, the epicentre of coronavirus outbreak

Woman is due to give birth in Wuhan, China unless she can get out

Canada’s basketball community mourns Kobe Bryant after helicopter crash

Bryant was an 18-time NBA all-star who won five championships

‘Devastated’: Fans, celebrities remember Kobe Bryant after his death

Bryant played all of his 20-year career with the NBA with the Los Angeles Lakers

Most Read