Dialogue Volume 13 Issue 4 2017 - Page 64

DISCIPLINE SUMMARIES 2012 Decision and Reasons of the Discipline Com- mittee, nor was Dr. Anastasio appending copies of the Decision and Reasons and the Order to the Ap- pendix “C”, as required. Dr. Anastasio told the College Investigator that he was providing a written document to his patient that had been prepared by his lawyer. In fact, contrary to his statement to the College Investigator, Dr. Anasta- sio prepared the written document himself. Dr. Anas- tasio told the College Investigator that his lawyer had not provided him with a copy of the Decision and Reasons which he was required to give to his female patients. In fact, Dr. Anastasio had been provided with a copy of the Decision and Reasons on July 9, 2012, and there was nothing preventing him from providing the Decision and Reasons to his female patients in accordance with the terms of the Order. On November 28, 2013, Dr. Anastasio sent a letter to the College confirming that he had modified his practice to comply with the Order. A subsequent compliance visit revealed that on two occasions, Dr. Anastasio failed to attach a copy of the Order and the Decision and Reasons to the patient acknowledge- ment as required by the Order, although the two patients confirmed having read both the Order and the Decision and Reasons. REASONS FOR PENALTY The Committee carefully considered the nature of the misconduct committed by Dr. Anastasio as described in the Statement of Uncontested Facts. The Commit- tee is extremely troubled by Dr. Anastasio’s actions. He committed an egregious act of sexual abuse on a long-standing patient. The patient’s victim statement makes clear that his actions constituted a most seri- ous breach of that trust. Dr. Anastasio manipulated this patient into at- tending his office after normal hours, with apparent predatory intent, on the pretext of concern for her potential for developing cancer, thereby causing her stress and anxiety. He harassed her with repeated telephone calls, further increasing her anxiety level. Dr. Anastasio’s actions in relation to this patient are deserving of denunciation in the strongest possible terms. Other aspects of Dr. Anastasio’s misconduct are equally disturbing. The evidence discloses that Dr. 64 DIALOGUE ISSUE 4, 2017 Anastasio has previously been sanctioned by the Discipline Committee, following a finding of dis- graceful, dishonourable or unprofessional conduct in 2012. The misconduct in question at that time involved boundary violations and sexualized be- haviour. That Committee carefully crafted an order intended to protect the public; specific terms and conditions were imposed, including a clear procedure to be followed by Dr. Anastasio to ensure that his female patients were fully informed of the details of his professional misconduct. Dr. Anastasio not only failed to abide by the terms and conditions ordered by that Committee, but also took no responsibility for his actions, blamed others, and misled the College investigator when his failure was detected through subsequent College investiga- tion. Dr. Anastasio’s actions were deceitful, dishon- est, and self-serving. He demonstrated a disregard for the authority of his governing body. Of greatest concern to this Committee is that, through Dr. An- astasio’s refusal to abide by an order of the Discipline Committee, the primary goal of which was to protect the public, the public was again placed at risk. The misconduct committed by Dr. Anastasio in the case before this Committee dates to 2007. The previ- ous discipline proceedings referred to above occurred in 2012. The chronology establishes, therefore, that the previous proceedings are not an aggravating factor with respect to penalty in this case. Neverthe- less, Dr. Anastasio’s repeat misconduct is relevant in that it demonstrates that his actions in this case were not an isolated incident; a pattern of sexualized behaviour towards his female patients is established, ́ɕ٥́ɕɐȁѕɵ́ѥ)͕ѡ ѕɅѕ́չٕɸ))Q ѕ̰́ѥѥѽȰѡ)ȸхͥЁѕЁѡѥ́)ѡ́ٽѡȁѕѕɥ)ɥѡЁɽ٥Ѽѕѥ)=IH)%յ䰁ѡ͍ ѕɑɕ)ɕѕѡѡIɅȁɕٽȸхͥe)ѥєɕɅѥȸхͥɕٔ)ɕɥȸхͥɕ͔ѡ )չɽ٥Ѽѥ́չȁѡɽɅ