Sec. 10.65.04.03. Advertising

A. A license holder or registration holder may advertise massage services subject to the provisions of this chapter.

B. The license holder or registration holder shall state in the advertisement that the:

(1) License holder is a "State of Maryland licensed massage therapist"; or

(2) Registration holder is a "State of Maryland registered massage practitioner".

C. An advertisement shall state at a minimum the:

(1) License holder’s or registration holder’s practice or business name;

(2) License holder’s or registration holder’s name;

(3) License holder’s or registration holder’s status as a license holder or registration holder; and

(4) Practice or business address and telephone number.

D. An advertisement may not include statements that:

(1) Contain misrepresentations of facts;

(2) Are likely to mislead or deceive due to making only a partial disclosure of relevant facts when the statements are placed in context;

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

(4) Refer to fees without reasonable disclosure of all relevant variables, conditions, and exceptions so that the statement may be misunderstood or deceptive to laypersons;

(5) Convey the impression that the license holder or registration holder may improperly influence any public body, official, corporation, or person on behalf of the public;

(6) Make representations or implications that in reasonable probability may cause an ordinarily prudent individual to misunderstand or be deceived by the representations or implications;

(7) Misrepresent any professional qualifications, education, experience, or affiliation; or

(8) Make representations or implications that the license holder or registration holder is willing to provide services that are illegal under the laws or regulations of Maryland or the United States.

E. An individual who is a registered massage practitioner or a business entity that employs or contracts with registered massage practitioners may not advertise that the individual or business entity provides health-related therapeutic massage services.

F. An individual may not advertise that the individual practices massage therapy in Maryland if:

(1) The individual is otherwise qualified to practice massage therapy in any other state or country that has substantially similar requirements for authorization to practice massage therapy and the individual is in this State for not more than 7 days;

(2) The individual's application for a license or registration is pending before the Board, and the individual has not taken the examination required by the Board; or

(3) The individual has taken an examination required by the Board, but the results of the examination are not yet known.

G. An individual whose license or registration has been suspended or revoked by the Board may not advertise or initiate any advertising during the period of suspension or revocation.