1. A. The licensee may not include statements in advertising that:

   1. (1) Misrepresent facts;
   2. (2) Are likely to mislead or deceive because in context the statements make only a partial disclosure of relevant facts;
   3. (3) Are intended to or are likely to create false or unjustified expectations of favorable results;
   4. (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. (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. (6) Contain representations or implications that in reasonable probability can be expected to cause an ordinarily prudent person to misunderstand or be deceived;
   7. (7) Contain representations that the licensee is willing to perform a procedure which is illegal in Maryland or the United States; or
   8. (8) Falsely disparage competitors, the competitors' products, or the competitors' methods of doing business.
2. B. A licensee may not use an agent, partnership, professional association, or health maintenance organization to implement actions prohibited by this regulation.

3. C. Solicitation. A licensee may not engage in solicitation including but not limited to in-person, telephone, or direct mail solicitation which:

   1. (1) Amounts to fraud, undue influence, intimidation, or overreaching; or
   2. (2) Contains statements which are prohibited under §A of this regulation.

Authority: Health Occupations Article, §§1-212, 2-205 and 2-314, Annotated Code of Maryland

Effective date: January 25, 1974

Regulation .01 amended effective March 23, 1998 (25:6 Md. R. 488); January 6, 2003 (29:26 Md. R. 2027); August 5, 2024 (51:15 Md. R. 708)

Regulation .02 amended effective February 22, 1980 (7:4 Md. R. 348); March 23, 1998 (25:6 Md. R. 488); January 6, 2003 (29:26 Md. R. 2027); August 5, 2024 (51:15 Md. R. 708)

Regulation .02F and G amended effective June 26, 2000 (27:12 Md. R. 1140)

Regulation .03 repealed effective February 22, 1980 (7:4 Md. R. 348)

Regulation .03 adopted effective March 23, 1998 (25:6 Md. R. 488)

Regulation .04 amended effective February 22, 1980 (7:4 Md. R. 348); March 23, 1998 (25:6 Md. R. 488)

Regulation .04E, H amended effective August 5, 2024 (51:15 Md. R. 708)