TORONTO – An exemption to a law that automatically branded a dental hygienist as a sexual abuser for cleaning his wife's teeth remains under government review more than four years after regulators proposed the change.
While Alex Tanase said he was hoping for a "miracle" and was trying to raise money for legal bills, a spokesman for Ontario's Ministry of Health offered no explanation why the process has taken so long.
"The ministry is aware that the College of Dental Hygienists of Ontario has submitted a proposed regulation which would allow its members to treat their spouses," said David Jensen. "The proposal is currently under review and will be brought forward for the minister's consideration at the earliest available opportunity."
In the interim, however, Alex Tanase, 39, of Cambridge, Ont., has lost his licence for at least five years for treating his wife.
While working at a clinic in Guelph, Ont., a colleague told Tanase that hygienists were allowed to treat spouses. In fact, the college approved a spousal exemption in 2015 but the legislature has never adopted the rule – as it did for dentists in 2014. Another colleague saw a Facebook post from Tanase's grateful wife, Sandi Mullins, and complained.
Alex Tanase has been labelled a sexual abuser after cleaning his wife's teeth because of a 1993 law. (CTV News Kitchener)
"I have cleaned my wife's teeth and I was charged with sexual abuse by the College of Dental Hygienists," Tanase said in a public appeal for help. "After a three-year battle in courts and no more insurance coverage, my licence was revoked for five years, leaving my wife and I at the edge of failure and desperation."
Both the college's disciplinary committee and Divisional Court expressed regret at the "harsh" punishment. Both bodies, however, said their hands were tied by the blanket ban on health professionals having sexual contact with patients that labels any such contact – even if consensual – sexual abuse.
"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 recent ruling. "It is indeed unfortunate that the [discipline committee] elected to proceed with the complaint."
The college did not immediately respond to a request for comment Thursday, but in an interview, Tanase said he simply couldn't accept the punishment meted out to him.
"I fall under a category based on the law, but this is slander and discrimination," Tanase said. "I can't accept this as a person – not as a dental hygienist."
Tanase is hoping Ontario's top court will hear his case and side with him, but said he had run out of money to fund an appeal. He has launched a GoFundMe campaign in hopes of raising $35,000 to cover his estimated legal fees. Any excess, he said would go to a charity that fights sexual abuse.
As of Thursday, the six-day campaign had collected about $4,300.
One $50 donor, identified online as Dana Moraru, called the situation "outrageous." The law, Moraru said, discriminates against spouses of hygienists in that they can't choose who takes care of their teeth.
"To declare a man a sexual predator because he cleaned his wife's teeth is just plain stupid!" Moraru said. "Where is any common sense in those who apply that law?"
The health minister, Christine Elliott, referred questions on the case to the ministry.
It remains unclear what impact an exemption would have on Tanase's situation and Jensen offered no time-table for potential passage of one.
"Each regulation submission is subject to prior review by the minister of health and approval of the lieutenant governor in council," Jensen said.
This report by The Canadian Press was first published Sept. 26, 2019.
