1. A. An agency shall include the following information in all of the agency’s advertising and marketing materials:

   1. (1) The agency’s license number; and
   2. (2) The statement “Licensed as a residential service agency by the Maryland Department of Health, Office of Health Care Quality”.

2. B. Misleading or False Advertising.

   1. (1) A person may not advertise, represent, or imply to the public that an agency is authorized to provide a service that the agency is not licensed, certified, or otherwise authorized by the Department to provide under this chapter.
   2. (2) A person may not advertise an agency in a misleading or fraudulent manner.
   3. (3) A person licensed as an agency may not advertise that it is licensed as a hospice, home health agency, or nursing referral service agency unless it is separately licensed with the Department as such.
3. C. A person who violates this regulation is subject to referral for criminal prosecution and imposition of civil money penalties in accordance with Regulations .21—.23 of this chapter.

Authority: Health-General Article, Title 19, Subtitle 4A, Annotated Code of Maryland

Effective date: January 17, 1994 (21:1 Md. R. 33)

Regulation .01B amended effective June 2, 1997 (24:11 Md. R. 793)

Regulation .02 amended effective June 2, 1997 (24:11 Md. R. 793)

Regulation .03C repealed effective June 2, 1997 (24:11 Md. R. 793)

Regulation .05-1 adopted effective June 2, 1997 (24:11 Md. R. 793)

Regulations .01—.08 repealed and new Regulations .01—.28 adopted effective May 1, 2012 (38:21 Md. R. 1277)

Regulation .04A amended effective December 21, 2015 (42:25 Md. R. 1543); March 28, 2016 (43:6 Md. R. 406)

Regulation .04A, I amended effective August 19, 2013 (40:16 Md. R. 1343); January 6, 2014 (40:26 Md. R. 2162); March 13, 2017 (44:5 Md. R. 292)

Regulation .04H amended effective January 6, 2014 (40:26 Md. R. 2162)

Regulation .04H, I amended effective July 4, 2016 (43:13 Md. R. 712)

Regulation .12E amended as an emergency provision effective June 1, 2012 (39:13 Md. R. 784); amended permanently effective September 3, 2012 (39:17 Md. R. 1148)