Md. Code Regs. 10.41.02.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.41.02.03 - Advertising

A. The licensee may not include statements in advertising that:

(1) Misrepresent facts;

(2) Are likely to mislead or deceive because in context the statements make only a partial disclosure of relevant facts;

(3) Are intended to or are likely to create false or unjustified expectations of favorable results;

(4) Relate to fees without reasonable disclosure of all relevant variables so that the statement would not be misunderstood or be deceptive to laypersons;

(5) Convey the impression that the licensee could influence improperly any public body, official, corporation, or any person on behalf of the individual served professionally;

(6) Contain representations or implications that in reasonable probability can be expected to cause an ordinarily prudent person to misunderstand or be deceived;

(7) Contain representations that the licensee is willing to perform a procedure which is illegal in Maryland or the United States; or

(8) Falsely disparage competitors, the competitors' products, or the competitors' methods of doing business.

B. A licensee may not use an agent, partnership, professional association, or health maintenance organization to implement actions prohibited by this regulation.

C. Solicitation. A licensee may not engage in solicitation including but not limited to in-person, telephone, or direct mail solicitation which:

(1) Amounts to fraud, undue influence, intimidation, or overreaching; or

(2) Contains statements which are prohibited under §A of this regulation.

Md. Code Regs. 10.41.02.03

Regulation .03 repealed effective February 22, 1980 (7:4 Md. R. 348)
Regulation .03 adopted effective March 23, 1998 (25:6 Md. R. 488)