In September 2015, the OHFLAC inquired to Dr. Yasar Aksoy regarding whether his practice met the statutory definition of a chronic pain management clinic under the Chronic Pain Clinic Licensure Act, according to a complaint filed in Raleigh Circuit Court.
On Oct. 14, 2015, Aksoy denied that he was a pain clinic and said that he treats patients with musculoskeletal pain and “overwhelmingly” prescribes hydrocodone with a NSAID. He also stated that while he did not currently keep records of how many pain patients he had, he would start counting in November and December and he would submit the patient numbers to OHFLAC.
The plaintiff claims a survey of the practice was conducted from Jan. 26 through 29, 2016, and the survey found that the practice was operating as a pain clinic.
On Feb. 29, 2016, OHFLAC informed Aksoy that his practice met the criteria to be licensed as a chronic pain management clinic and notified him to submit an application for licensure as a chronic pain management clinic, according to the suit. However, Aksoy failed to submit a licensure application.
The plaintiff claims on March 22, it informed Aksoy that due to his failure to apply for licensure, he was being assessed a $2,500 civil monetary penalty. On March 31, 2016, Aksoy responded that he was not operating a pain clinic.
On April 8, 2016, OHFLAC informed Aksoy that he was being assessed a civil monetary penalty and to cease operating a chronic pain management clinic by May 12, 2016, according to the suit.
The plaintiff claims on April 19, 2016, Aksoy informed the plaintiff that he hated to be addressed as a pain clinic physician and, two days later, the OHFLAC received an application for licensure from the respondent, but that it was incomplete and contained little to no supporting documentation that is required.
Aksoy agreed to pay the civil penalty, but failed to remit payment, according to the suit.
The plaintiff claims it went to verify that Aksoy had ceased operation of his clinic from Sept. 12 through 15, 2016, and a survey found that he was continuing to operate as a chronic pain management clinic.
Aksoy continues to insist he does not operate a pain clinic, according to the suit.
The plaintiff is seeking an order prohibiting Aksoy from operating his practice in violation of the CPCLA. It is being represented by Steven R. Compton.
Raleigh Circuit Court case number: 17-C-145