Mid Del Therapeutic Center, Inc. - Page 8

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            appropriate because his overriding concern was the welfare of his                          
                  Dr. Ishmael, petitioners’ staff, and petitioners’ patients                           
            viewed the chemotherapy treatments, and the drugs used in those                            
            treatments, as medical services, not as the purchase and sale of                           
            The Pharmacy                                                                               
                  PC maintained an onsite pharmacy, where chemotherapy drugs                           
            purchased by both PC and Mid-Del were stored and where a                                   
            pharmacist employed by PC mixed and prepared chemotherapy                                  
            treatments; i.e., mixtures of chemotherapy drugs in prescribed                             
            amounts, for both clinics.  Chemotherapy drugs purchased by Mid-                           
            Del were accounted for separately and held in a separate area                              
            from chemotherapy drugs purchased by PC.  Mid-Del paid PC a                                
            monthly fee for PC's provision of pharmacy services to Mid-Del.                            
                  Petitioners used approximately 85 different chemotherapy                             
            drugs to treat patients.  Generally, petitioners attempted to                              
            keep a 2-week supply of each drug on hand, although some                                   
            chemotherapy drugs were ordered on an as-needed basis.                                     
            Petitioners sometimes stocked up on a newly approved chemotherapy                          

                  3For example, Dr. Ishmael prescribed an experimental drug,                           
            Taxotere, for a patient dying of lung cancer.  The patient had                             
            been doing very poorly and was getting ready to enter a hospice                            
            program, but Dr. Ishmael persuaded her family to allow him to                              
            provide the treatment.  Treatment continued despite a cost to the                          
            clinic of $10,000 per week.  The treatment was successful.                                 

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Last modified: May 25, 2011