Sec. 10.40.06.05. Advertisement of Free, Discounted, or Reduced Fee Podiatric Goods or Services

A. It is false and misleading advertising for a podiatrist to advertise or otherwise represent that any goods or services (for example, examination or X-rays) shall be offered or performed for:

(1) Free when the podiatrist in fact requests or receives a fee for reimbursement, directly or indirectly, for providing those goods or services; or

(2) A discounted or reduced fee when the podiatrist in fact requests or receives, directly or indirectly, a higher fee or reimbursement for providing those goods or services.

B. In addition to the free, discounted, or reduced price goods or services, a podiatrist, who has not obtained the written informed consent of the patient in the form as shown in §C of this regulation, may not for a fee offer or provide any podiatric goods or services to a patient within 72 hours of the date the patient presents a coupon, voucher, similar document, or advertisement offering:

(1) "Free" podiatric goods or services; or

(2) Podiatric goods or services for a discounted or reduced fee.

C. The podiatrist shall use the following Consent to Treatment Form and shall retain the form in the patient's file:

PLEASE READ WITH CARE CONSENT TO TREATMENT IMMEDIATELY AFTER RECEIPT OF FREE/DISCOUNTED/REDUCED PRICE GOODS OR SERVICES INTRODUCTION

The Board of Podiatric Medical Examiners wishes to inform you that, under the law of Maryland, you may not be charged a fee for podiatric goods or services which have been advertised as "free". Nor may you be charged more than the "reduced or discounted" fee advertised for particular podiatric goods or services. In addition, before a podiatrist may charge you a fee to treat immediately or within 72 hours a problem diagnosed at the time you received free, reduced, or discounted podiatric goods or services, you shall consent in writing to accept that treatment. The podiatrist shall explain to you whether he or she thinks that you need the treatment immediately or within 72 hours, or whether your condition does not require immediate treatment. The decision to accept treatment immediately or at a later date is always your decision. If you desire to accept treatment immediately or within 72 hours of today, please sign this document as required by law. Please be aware that you may be financially responsible for payment for the goods or services you receive.

INFORMATION PROVIDED

/ /This podiatrist has explained to me the diagnosis of my condition and I understand it. / /This podiatrist has explained the treatment alternatives and their risks to me and I understand them. / /This podiatrist has explained the likely cost of each of the treatment alternatives and I understand it. / /This podiatrist has explained to me the treatment he or she believes I need and I understand it. / /This podiatrist has explained to me why I need the treatment immediately (within 72 hours of today) and I understand it.

CONSENT TO TREATMENT

I have received my free, reduced, or discounted goods or services. I am accepting treatment today or within 72 hours of today's date and I fully understand that I may be charged for the treatment rendered.

_____________________ __________________________________________ DatePatient's Signature __________________________________________ Witness' Signature __________________________________________ Podiatrist's Signature