As from May 14, 2020, the following terms, conditions and limitations are
imposed on the certificate of registration held by Dr. Francesco Anello, in
accordance with an undertaking and consent Dr. Anello has given to the College
of Physicians and Surgeons of Ontario:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
("Undertaking")
of
DR. FRANCESCO ANELLO
("Dr. Anello")
to
COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
(the "College")
A. PREAMBLE
(1) In this Undertaking:
"Code" means the Health Professions Procedural Code, which is Schedule 2
to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as
amended;
"Discipline Committee" means the Discipline Committee of the College;
"OHIP" means the Ontario Health Insurance Plan.
(2) I, Dr. Anello, certificate of registration number 50083, am a member of
the College. The College has received information regarding my standard
of practice.
(3) I, Dr. Anello, acknowledge that the College initiated an investigation
bearing File Number 1109262 (the "Investigation") into whether I engaged
in professional misconduct and/or am incompetent in my family practice
and/or my complementary medicine practice.
(4) I, Dr. Anello, acknowledge that this Undertaking supercedes and replaces
my Undertaking with the College signed April 7, 2017.
B. UNDERTAKING
(5) I, Dr. Anello, understand and agree that I am bound by this Undertaking
from the date on which I sign it.
(6) Practice Restrictions
(a) I, Dr. Anello, undertake that, effective immediately, I will
require that all patients have a family physician and/or certified
specialist at all times who will provide concurrent care and that I
will document the identity of that family physician and/or
specialist in the patient's medical record;
(b) I, Dr. Anello, will communicate any prescription written or renewed
by myself to the patient's family doctor or specialist within 7
days of providing said prescription or renewal and will keep a
record of this communication in the patient's medical record.
(7) Posting a Sign
(a) I, Dr. Anello, undertake that, effective immediately, I shall post
a sign in the waiting room(s) of all my Practice Locations, in a
clearly visible and secure location, in the form set out at
Appendix "A." For further clarity, this sign shall state as
follows:
"I require that all of my patients have a family physician and/or
certified specialist at all times who will provide concurrent care.
Further information may be found on the College of Physicians and
Surgeons of Ontario website at www.cpso.on.ca".
(b) I, Dr. Anello, undertake to post a certified translation(s) in any
language(s) in which I provide services, of the sign described in
section (7)(a) in the waiting room(s) of all my Practice Locations,
in a clearly visible and secure location, in the form set out at
Appendix "A."
(c) I, Dr. Anello, undertake to provide the certified translation(s)
described in section (7)(b), to the College within thirty (30) days
of executing this Undertaking.
(d) I, Dr. Anello, undertake that if I elect, after the execution of
this Undertaking, to provide services in any other language(s), I
will notify the College prior to providing any such services.
(e) I, Dr. Anello, undertake to provide to the College the certified
translation(s) described in section (7)(b) prior to beginning to
provide services in the language(s) described in section (7)(d).
(8) Professional Education
(a) I, Dr. Anello, undertake to participate in and successfully
complete all aspects of the detailed IEP, attached hereto as
Appendix "B", including all of the following professional education
(the "Professional Education"):
(i) Review and reflection on the following resources:
1. Medical Records Documentation, CPSO:
www.cpso.on.ca/Physicians/Policies-Guidance/Policies/Medical-Records-Documentation;
and
2. Guide to enhancing referrals and consultations between
physicians, CFPC and Royal College:
www.royalcollege.ca/rcsite/documents/health-policy/referrals-consultation-guide-e.pdf
(b) I, Dr. Anello, undertake to complete this requirement within three
(3) months of the date I sign this Undertaking. or, if no
satisfactory program is available by that time, by the first
possible opportunity thereafter.
(9) Monitoring
(a) I, Dr. Anello, undertake to inform the College of each and every
location where I practise or have privileges, including, but not
limited to, hospital(s), clinic(s) and office(s), in any
jurisdiction (collectively my "Practice Location(s)"), within
fifteen (15) days of executing this Undertaking. Going forward, I
further undertake to inform the College of any and all new Practice
Locations within fifteen (15) days of commencing practice at that
location.
(b) I, Dr. Anello, undertake and agree that I will submit to, and not
interfere with, unannounced inspections of my Practice Locations
and patient charts by a College representative for the purposes of
monitoring my compliance with the provisions of this Undertaking.
(c) I, Dr. Anello, give my irrevocable consent to the College to make
appropriate enquiries of OHIP and/or any person who or institution
that may have relevant information, in order for the College to
monitor my compliance with the provisions of this Undertaking.
(d) I, Dr. Anello, acknowledge that I have executed the OHIP consent
form, attached hereto as Appendix "C".
(10) I, Dr. Anello, undertake to comply with the provisions of this
Undertaking and acknowledge that a breach by me of any provision of this
Undertaking may constitute an act of professional misconduct and/or
incompetence, and may result in a referral of specified allegations to
the Discipline Committee.
C. ACKNOWLEDGEMENT
(11) I, Dr. Anello, acknowledge that all appendices attached to or referred to
in this Undertaking form part of this Undertaking.
(12) I, Dr. Anello, acknowledge that I shall be solely responsible for payment
of all fees, costs, charges, expenses, etc. arising from the
implementation of any of the provisions of this Undertaking.
(13) I, Dr. Anello, acknowledge and confirm that I have read and understand
the provisions of this Undertaking and that I have obtained independent
legal counsel in reviewing and executing this Undertaking, or have waived
my right to do so.
(14) I, Dr. Anello, acknowledge that this entire Undertaking constitutes
terms, conditions, and limitations on my certificate of registration for
the purposes of section 23 of the Code. I understand that this
Undertaking shall be information on the College's Register that is
available to the public during the time period that the Undertaking
remains in effect.
(15) I, Dr. Anello, acknowledge that the following summary will appear on the
College's Register that is available to the public during the time period
that this Undertaking remains in effect:
Dr. Anello was the subject of a College investigation into whether
he engaged in professional misconduct and/or was incompetent in his
family practice and/or his complementary medicine practice.
As a result of the investigation, Dr. Anello has agreed that he
will require that all patients have a family physician and/or
certified specialist who will provide concurrent care and that he
will document the identity of that family physician and/or
specialist in the patient's medical record.
Dr. Anello has also agreed that he will communicate any
prescription that he writes or renews to the patient's family
doctor or specialist within 7 days of providing said prescription
or renewal and will keep a record of this communication in the
patient's medical record.
Dr. Anello will also post a clearly visible sign in the waiting
rooms of all his Practice Locations, which states as follows:
"I require that all of my patients have a family physician and/or
certified specialist at all times who will provide concurrent care.
Further information may be found on the College of Physicians and
Surgeons of Ontario website at www.cpso.on.ca".
D. CONSENT
(16) I, Dr. Anello, give my irrevocable consent to the College to provide this
Undertaking to any Chief of Staff, or a colleague with similar
responsibilities, at any Practice Location ("Chief(s) of Staff"), and to
provide said Chief(s) of Staff with any information the College has that
led to the circumstances of my entering into this Undertaking and/or any
information arising from the monitoring of my compliance with this
Undertaking.