Sec. 10.40.06.03. Advertising

A. A podiatrist may advertise the services offered by the podiatrist subject to the provisions of this regulation.

B. Advertisements. Subject to Regulation .04 of this chapter, a podiatrist may:

(1) Place advertisements in any form of print or electronic media; or

(2) Refer to himself or herself as a:

(a) “Podiatrist”;

(b) “Foot and ankle specialist”; or

(c) “Foot and ankle surgeon”.

C. An advertisement may not include statements:

(1) Containing misrepresentation of facts;

(2) Likely to mislead or deceive because in context the statement makes only a partial disclosure of relevant facts;

(3) Likely to create false or unjustified expectations of favorable results;

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

(5) Conveying the impression that the podiatrist could influence improperly a public body, official, corporation, or a person on behalf of a patient;

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

(7) Containing representations that the podiatrist is willing to perform any procedure which is illegal under the laws or regulations of Maryland or the United States.

D. A podiatrist shall be accountable under this regulation if the podiatrist uses an agent, partnership, professional association, or health maintenance organization to implement actions prohibited by this regulation.