Dialogue Volume 13 Issue 4 2017 - Page 62

DISCIPLINE SUMMARIES DR. ROMULO FANIO ANASTASIO JR. PRACTICE LOCATION: Hamilton AREA OF PRACTICE: General Practice HEARING INFORMATION: Statement of Uncontested Facts, Plea of No Contest On November 1, 2016, the Discipline Commit- tee found that Dr. Anastasio committed an act of professional misconduct, in that he engaged in the sexual abuse of a patient; contravened a term, con- dition, or limitation on his certificate of registra- tion; and engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. Dr. Anastasio did not contest the allegations. He resigned his membership in 2016. Patient A Patient A became Dr. Anastasio’s patient when she was an infant. She saw him as her family doctor until she was in her late 20s. In the fall of 2007, when Patient A was in her late 20s, she attended Dr. Anastasio’s office for her annual physical and Dr. Anastasio performed an internal exam. Dr. Anastasio told Patient A he was concerned about a possible HPV infection because her cervix appeared red. Dr. Anastasio advised her that HPV infections could lead to cervical cancer and requisitioned a genital culture pap smear to investigate these concerns. He told her he wanted to keep track of this with regular visits. At that appointment, Dr. Anastasio told Patient A he wanted to monitor her closely. He gave her his pager number so that she could reach him whenever she wanted. Dr. Anastasio asked Patient A to provide him with her cell phone number, so that she could be kept up-to-date on the matter. Patient A gave Dr. Anastasio her cell phone number as she was grateful that her doctor appeared concerned for her health. After this encounter, Dr. Anastasio called Patient A several times on her cell phone to come to the clinic for follow-up. He asked her to come to the clinic after 5 p.m. Although she understood that his office 62 DIALOGUE ISSUE 4, 2017 was closed at this time and she had never attended his office after 5 p.m. before, she trusted Dr. Anasta- sio, and so she complied with his request. Patient A arrived at Dr. Anastasio’s office in the early evening in the fall of 2007. No one else was present at the office at that time. Dr. Anastasio showed her around the clinic space and pointed to a couch at the rear of the clinic where he advised her he sometimes sleeps. Dr. Anastasio brought Patient A into an exami- nation room and told her he was pleased she was staying on top of the issue; and not to be concerned, he wanted to ensure it was not something leading to cancer. Dr. Anastasio told Patient A he wanted to examine her to see if the redness was spreading. Dr. Anastasio asked her to undress from the waist down. Dr. Anastasio gave Patient A a sheet to cover herself and left the examination room while she got undressed. Dr. Anastasio sat on a stool at the foot of the examination table and asked Patient A to move her buttocks to the edge of the examination table. He inserted a speculum and examined Patient A’s vaginal area. He removed the speculum and stood up from the stool. As he stood up, Dr. Anastasio pressed his groin area onto Patient A’s naked genital area. Dr. Anastasio then stood next to Patient A while she lay on the examination table. He removed his gloves. Without warning, with his bare hands, he took her hand and pushed it into her vagina. He told her he wanted her to feel her cervix and know where it is. Pushing Patient A’s hand into her vagina served no legitimate medical purpose. Dr. Anastasio main- tained no clinical record of this patient encounter. Following that evening, Dr. Anastasio continued to call Patient A requesting that she return to his office for further examination after hours. On one occa- sion, Dr. Anastasio called Patient A while she was at home and she became angry and threw the phone on the kitchen table. At that time, her mother made inquiries and she disclosed to her mother what had happened. Her mother disclosed this to her doctor, who then reported the incident to the College. Breach of Prior Discipline Committee Order Dr. Anastasio was the subject of a prior discipline proceeding at the College in which he was found to have engaged in disgraceful, dishonourable, and