Md. Code Regs. 10.29.12.03

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

Section 10.29.12.03 - Advertising

A. A licensee may:

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

(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:

(a) Licensed mortician (LM); or

(b) Licensed funeral director (LFD); and

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

(a) Licensed mortician (LM); or

(b) Licensed funeral director (LFD).

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 laypersons;

(5) Conveying the impression that the licensee could influence improperly any public body, official, corporation, or person on behalf of the public;

(6) Containing representations or implications that in reasonable probability can be expected to cause an ordinarily prudent individual to misunderstand or be deceived;

(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) That fail to state that the licensee is licensed to practice mortuary science in Maryland.

C. A licensee shall be accountable under this regulation if the licensee uses an agent or partnership to implement actions prohibited by this regulation.

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.

Md. Code Regs. 10.29.12.03

Amended effective 49:7 Md. R. 466, eff. 4/4/2022