Law360 Canada ( August 30, 2021, 9:23 AM EDT) -- Appeal by a dentist from the decision of an Appeal Panel upholding findings of unprofessional conduct against the appellant. The appellant, a pediatric dentist, provided dental treatment to a 2-year-old child who required restorative treatment. The mother refused to consent to general anesthesia although recommended by the appellant. Two dental assistants strapped the child to a papoose board, a passive immobilization device and applied nitrous oxide gas to him. As the dental assistant opened the child’s mouth, he began to thrash, fight and scream and came loose from the papoose board. One of the dental assistants lay on top of the child to restrain him and held his head. In an agreed statement of facts, the appellant admitted he committed unprofessional conduct by failing to obtain the mother’s informed consent to the use of restraint and to continue the treatment or restraint in light of the child’s severe emotional distress and by not being present when his dental assistants were administering oral sedation and nitrous oxide gas to the child and immobilizing the child on the papoose board. The Complaints Director engaged Graham, a registered specialist in pediatric dentistry, to provide an opinion about the appellant’s treatment and care of the child. The Hearing Tribunal accepted the Agreed Statement of Facts and Admission of Unprofessional Conduct. They reviewed the allegations against the appellant, the admissions made by him, and the expert report, and concluded that each of the admitted allegations was proven. The Hearing Tribunal imposed a six-month suspension, a $30,000 fine, a requirement to complete courses, and a requirement to pay the costs of the investigation and the hearing. The Appeal Panel found the six-month suspension excessive and reduced it to a three-month suspension....