Sec. 10.41.02.03. Advertising  


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  • 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.