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Anastasio Jr, Romulo Fanio

CPSO#: 32813

MEMBER STATUS
Revoked: Discipline Committee as of 01 Nov 2016
CURRENT OR PAST CPSO REGISTRATION CLASS
None as of 02 Jun 2011

Summary

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Former Name: Anastasio, Jr., Romulo Fanio (used until: 06 Feb 1984 )

Gender: Male

Languages Spoken: English, Filipino

Education: University of Santo Tomas Faculty of Med, 1972

Practice Information

Primary Location of Practice
Practice Address Not Available

Professional Corporation Information


Corporation Name: Dr. R.F. Anastasio Jr. Medicine Professional Corporation
Certificate of Authorization Status: Inactive: Oct 4 2016
 

Medical Records Location

Instructions/Address:
Contact Dr. Mohsin Dhalla
Unit A 5, 1575 Upper Ottawa Street, Hamilton, ON, L8W 3E2
Date Received: 29 Jun 2016

Specialties

Specialty Issued On Type
No Speciality Reported

Postgraduate Training

Please note: This information may not be a complete record of postgraduate training.



University of Toronto, 18 Jun 1979 to 16 Jun 1980
Other - Family Medicine

University of Toronto, 01 Jul 1980 to 30 Jun 1981
Resident 2 - Family Medicine

McMaster University, 01 Jul 1981 to 31 Dec 1981
Resident 2 - Anesthesiology

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 18 Jun 1979
Transfer of class of registration to: Independent Practice Certificate Effective: 01 Sep 1981
Transfer of class of certificate to: Restricted certificate Effective: 18 Jan 2005
Terms and conditions imposed on certificate Effective: 18 Jan 2005
Transfer of class of registration to: Independent Practice Certificate Effective: 17 Feb 2010
Transfer of class of certificate to: Restricted certificate Effective: 02 Jun 2011
Terms and conditions imposed on certificate Effective: 02 Jun 2011
Terms and conditions amended by Discipline Committee Effective: 15 Jun 2012
Suspension of registration imposed: Discipline Committee Effective: 01 Jul 2012
Suspension of registration removed Effective: 01 Sep 2012
Terms and conditions amended by member Effective: 16 Feb 2016
Expired: Resigned from membership. Expiry: 01 Jul 2016
Revoked: Discipline Committee. Effective: 01 Nov 2016

Previous Hearings

Committee: Discipline
Decision Date: 01 Nov 2016
Summary:

On November 1, 2016, the Discipline Committee of the College of Physicians and Surgeons of Ontario found that Dr. Romulo Fanio Anastasio Jr. committed an act of professional misconduct in that he engaged in the sexual abuse of a patient; contravened a term, condition, or limitation on a member’s certificate of registration; 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. Romulo Fanio Anastasio Jr. held a certificate of registration with the College from 1981 to 2016, when he resigned his membership.

SEXUAL ABUSE AND DISGRACEFUL, DISHONOURABLE, AND UNPROFESSIONAL CONDUCT REGARDING 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 was closed at this time and she had never attended his office after 5 before, she trusted Dr. Anastasio, 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 sleeps if he needs to.

Dr. Anastasio brought Patient A into an examination 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 maintained 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 occasion, 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 unprofessional conduct in respect of two patients. He was found to have kissed a patient during a medical appointment and he was found to have made inappropriate comments to another patient, as well as brushing his hand against her bottom area.

On June 15, 2012, the Discipline Committee of the College imposed terms, conditions, and limitations on Dr. Anastasio’s certificate of registration, requiring that Dr. Anastasio shall:
- provide a written notice to each female patient he sees in a form advising each female patient of the Order and the findings in the proceeding., appending a copy of the Decision and Reasons when released, and advising the patient that the College may contact them to inquire about their treatment by Dr. Anastasio. Dr. Anastasio shall ensure before providing treatment to a female patient that she signs this written notice to acknowledge she has reviewed the Order and Decisions and Reasons (when released); and
- keep this signed document in the corresponding patient file.

On November 12, 2013, a College investigator conducted an inspection of Dr. Anastasio’s practice, and noted that although Dr. Anastasio was providing female patients with copies of appendix C to the Order as required and another written document, he was not providing patients with a copy of the July 6, 2012 Decision and Reasons of the Discipline Committee, nor was Dr. Anastasio appending copies of the Decision and Reasons and the Order to the Appendix “C”, as required.

The written document that Dr. Anastasio was providing to female patients stated:
- “In 2009, two female patients reported me to the College with the following accusations: one said that I tried to kiss her and the other said that she felt my hand on her behind after I scolded her for her sexuality and after doing a pap test on her. I pleaded "no contest" as this was the advice given to me when I stated that I wanted the least disruption to my personal life as well as the running of the office. The College made their judgment based on the "no contest" plea and this [sic] are the results: 1) That I was suspended for two months; 2) I have to make sure I have signs in the waiting room as well as all the examination rooms that I cannot do pap, breast or rectal examinations without the presence of a chaperone duly approved by the College; 3) I also must have all female patients I am seeing for the first time after my suspension sign a form saying they are aware of the accusations against me, as well as the judgment of the College and the limitations imposed on me and the way I practice and that this signed form will be kept with you [sic] medical records; 4) If a female patient expresses unease on seeing me by herself, the office has to provide a chaperone duly approved by the College. The College may contact you re the above. I thank you for your continued trust and support.”

 Dr. Anastasio told the College Investigator that this written document had been prepared by his lawyer for him to show his patients. In fact, contrary to his statement to the College Investigator, Dr. Anastasio prepared the written document himself.

Dr. Anastasio 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 acknowledgement as required by the Order, although the two patients confirmed having read both the Order and the Decision and Reasons.

PENALTY

On November 1, 2016, the Discipline Committee ordered and directed that:
- The Registrar to revoke Dr. Anastasio’s certificate of registration effective immediately.
- Dr. Anastasio appear before the panel to be reprimanded within 60 days of the Order becoming final.
- Dr. Anastasio reimburse the College for funding provided to patients under the program required under section 85.7 of the Code, and shall post an irrevocable letter of credit or other security acceptable to the College to guarantee payment of such amounts within
thirty (30) days of the date this Order becomes final, in the amount of $16,060.00.
- Dr. Anastasio Jr. pay costs to the College in the amount of $5,000.00 within thirty (30) days of the date this Order.
 


Decision: Download Full Decision (PDF)
Hearing Date(s): Hearing: November 1, 2016 Reprimand: December 1, 2016

 

Committee: Discipline
Decision Date: 15 Jun 2012
Summary:

On June 15, 2012, the Discipline Committee found that Dr. Romulo Fanio Anastasio Jr. committed acts of professional misconduct, in that he has engaged in 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 allegation.

Dr. Anastasio practises family medicine in Hamilton, Ontario.

In 2005, Patient A attended on Dr. Anastasio for a medical appointment. Patient A complimented Dr. Anastasio on being a good doctor and asked about his wife. Dr. Anastasio gave Patient A a kiss and she pushed him away and asked him what he was doing.

In 2008, Dr. Anastasio performed a medically-indicated pelvic examination upon Patient C as part of her routine annual appointment. When the internal examination was complete, Dr. Anastasio made an inappropriate, unnecessary and irrelevant comment to Patient C regarding her sexuality. Later during this same appointment, Dr. Anastasio failed to take sufficient care to maintain spatial boundaries with the patient. This resulted in Patient C feeling Dr. Anastasio's hand brushing her bottom area as she stood up to leave the office.

The Discipline Committee ordered and directed that:

1. the Registrar suspend Dr. Anastasio's certificate of registration for a two month period, to commence 11:59 p.m. on July 1, 2012.

2. the Registrar impose the following terms, conditions and limitations on Dr. Anastasio' certificate of registration:

a. Dr. Anastasio shall conduct all breast, pelvic and/or rectal examinations of any female patient in the presence of another female regulated health professional approved by the College as set out in the undertaking attached to the Order as Appendix "A";

b. If any female patient who is not undergoing a breast, pelvic and/or rectal exam requests a chaperone, Dr. Anastasio shall provide and shall ensure that the approved female regulated health professional is present throughout the entire encounter. Dr. Anastasio shall make a notation of same in the patient's chart including the identification of the chaperone.

c. Dr. Anastasio shall post a sign in his waiting room and in each of his examination rooms, in clearly visible locations, in the form attached [to the Order] as Appendix "B" that states: "Under no circumstances will Dr. Anastasio perform a breast, pelvic, or rectal examination except in the presence of a female regulated health professional approved by the College. If a female patient requests a chaperone for any other encounter, Dr. Anastasio shall provide and shall ensure that the approved female regulated health professional is present throughout the entire encounter."

d. Dr. Anastasio shall participate in and successfully complete the next available course regarding boundary issues and risks inherent in the doctor-patient relationship approved by the College;

e. Dr. Anastasio shall provide a written notice to each female patient he sees in a form set out at Appendix "C" [to the Order] advising each female patient of this Order and the findings in this proceeding, appending a copy of the Decision and Reasons when released, and advising the patient that the College may contact them to inquire about their treatment by Dr. Anastasio. Dr. Anastasio shall ensure before providing treatment to a female patient that she signs this written notice to acknowledge she has reviewed the Order and Decisions and Reasons (when released), and Dr. Anastasio shall keep this signed document in the corresponding patient file;

f. Dr. Anastasio shall provide his irrevocable consent to the College to make appropriate inquiries of the Ontario Health Insurance Plan and/or any person or institution that may have relevant information in order for the College to monitor compliance with the terms of this Order;

g. Dr. Anastasio shall cooperate with unannounced inspections of his practice and records and any other step the College may require for the purposes of monitoring and enforcing compliance with the terms of this Order; and

h. Dr. Anastasio shall be solely responsible for all fees, costs and expenses associated with his compliance with the terms of this Order.

3. Dr. Anastasio appear before the panel to be reprimanded.

4. Dr. Anastasio shall within 60 days pay the College its costs of this proceeding in the amount of $3,650.
 


Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): June 15, 2012