1. A. A licensee may:

   1. (1) Advertise mortuary science services subject to the provisions of this regulation;

   2. (2) Use the initials LM or LFD after their name to indicate that the licensee is authorized to practice mortuary science or funeral direction as a:

      1. (a) Licensed mortician (LM); or
      2. (b) Licensed funeral director (LFD); and

   3. (3) Represent to the public that the licensee is a:

      1. (a) Licensed mortician (LM); or
      2. (b) Licensed funeral director (LFD).

2. B. An advertisement may not contain statements:

   1. (1) Containing misrepresentation of facts;
   2. (2) Likely to mislead or deceive because in context the statements make only a partial disclosure of relevant facts;
   3. (3) Intended to or likely to create false or unjustified expectations of favorable results;
   4. (4) Relating to fees without reasonable disclosure of all relevant variables so that the statement would not be misunderstood or be deceptive to laypersons;
   5. (5) Conveying the impression that the licensee could influence improperly any public body, official, corporation, or person on behalf of the public;
   6. (6) Containing representations or implications that in reasonable probability can be expected to cause an ordinarily prudent individual to misunderstand or be deceived;
   7. (7) Containing representations that the licensee is willing to provide services which are illegal under the laws or regulations of Maryland or the United States; or
   8. (8) That fail to state that the licensee is licensed to practice mortuary science in Maryland.
3. C. A licensee shall be accountable under this regulation if the licensee uses an agent or partnership to implement actions prohibited by this regulation.
4. D. A funeral establishment may advertise that it is able to provide preneed services as specified in Health Occupations Article, Title 7, Annotated Code of Maryland.

Authority: Health Occupations Article, §7-205(7), Annotated Code of Maryland

Effective date: January 1, 1996 (22:26 Md. R. 2029)

Regulation .01 amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154); amended permanently effective February 25, 2008 (35:4 Md. R. 514)

Regulation .03A amended effective April 4, 2022 (49:7 Md. R. 466)

Regulation .05 amended effective April 4, 2022 (49:7 Md. R. 466)