Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY
Chapter 10.28.09 - Advertising
Section 10.28.09.03 - Advertising
Universal Citation: MD Code Reg 10.28.09.03
Current through Register Vol. 51, No. 19, September 20, 2024
A. An optometrist may advertise the optometrist's services subject to the provisions of this regulation.
B. An advertisement may not contain statements:
(1) Containing
misrepresentation of facts;
(2)
Likely to mislead or deceive because in context the statements make only a
partial disclosure of relevant facts;
(3) Intended to or likely to create false or
unjustified expectations of favorable results;
(4) Relating to fees without reasonable
disclosure of all relevant variables so that the statement would not be
misunderstood or be deceptive to a layman;
(5) Conveying the impression that the
optometrist could influence improperly any public body, official, corporation,
or any person on behalf of a patient;
(6) Containing representations or
implications that in reasonable probability can be expected to cause an
ordinarily prudent person to misunderstand or be deceived;
(7) Containing representations that the
optometrist is willing to perform any procedure which is illegal under the laws
or regulations of Maryland or the United States;
(8) That fail to state that the practitioner
is an optometrist.
C. An optometrist shall also be accountable under this regulation if the optometrist uses an agent, partnership, professional association, or health maintenance organization to implement actions prohibited by this regulation.
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