Osteopathic Medical Oncology and Hematology, P.C. - Page 55




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          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.               





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