Md. Code Regs. 10.28.09.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.28.09.03 - Advertising

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.

Md. Code Regs. 10.28.09.03