- 55 - a corporation, operating clinics and employing physicians, nurses, nursing assistants, laboratory technicians, administrative personnel, and office workers. The parties have not stipulated how individuals came to be petitioner’s patients. Given petitioner’s apparent specialization, it is likely that patients were referred for chemotherapy drug treatment. Nothing in the record establishes the majority’s findings that “patients played no role in determining the type or amount of drugs used on them”, majority op. p. 19, or that patients must “agree to petitioner’s overall chemotherapy service, and, when they do agree to this service, they have no say in the type or quantity 7(...continued) Petitioner’s physicians prescribed the chemotherapy regime but, with rare exception, did not actually administer the chemotherapy drugs to patients during taxable year 1995 to present. Chemotherapy drugs were administered by oncology nurses during taxable year 1995. Prior to the initiation of each course of chemotherapy, the patients were seen and evaluated by the attending physician. The patients were not examined at the time of every chemotherapy administration pursuant to the standard practice of medical oncology. Once a patient has begun a chemotherapy regime, that patient will see one of petitioner’s physicians approximately every 4- to 6-weeks, between treatments. While a physician must be available to respond to emergencies, a physician is not required to be in every room with a patient while chemotherapy treatment is being administered.Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
Last modified: May 25, 2011