10.32.01.12

.12 Advertising.

A. A physician may place advertisements with directories, newspapers, periodicals, and radio or television stations.

B. An advertisement may not contain:

(1) Statements containing misrepresentation of facts;

(2) Statements that cannot be verified by the Board for truthfulness;

(3) Statements likely to mislead or deceive because in context the statements make only a partial disclosure of relevant facts;

(4) Statements intended to, or likely to, create false or unjustified expectations of favorable results;

(5) Statements specifying a fee for professional service which does not include the cost of all related procedures, services, and products which to a substantial likelihood will be necessary for the completion of the advertised service as it would be understood by an ordinarily prudent person;

(6) Statements advertising discounted or free services, examinations, or treatments when there will be an additional charge for any additional services, examinations, or treatments which are performed as a result of and within 72 hours of the initial office visit in response to the advertisement unless the professional services rendered are a result of a bona fide emergency;

(7) Statements conveying the impression that the physician could improperly influence any public body, official, corporation, or any person on behalf of a patient;

(8) Statements containing representations or implications that in reasonable probability can be expected to cause an ordinary prudent person to misunderstand or be deceived;

(9) Statements containing representations that the physician is willing to perform any procedure which is illegal under the laws or regulations of Maryland or the United States;

(10) Statements that state or imply that the physician has received formal recognition as a specialist in any aspect of the practice of medicine unless:

(a) The physician has received this recognition by the following or their successors:

(i) The Board of Physician Quality Assurance before October 1, 1996;

(ii) The American Board of Medical Specialties; or

(iii) The American Osteopathic Association; or

(b) The physician is certified by a board that requires as a prerequisite of certification that the physician:

(i) Maintains certification from an appropriate member board of the American Board of Medical Specialties or The American Osteopathic Association;

(ii) Completes an accredited training program that includes identifiable training in the field of medicine that the physician is advertising as the physician's specialty; and

(iii) Successfully completes a rigorous examination in the field of medicine the physician is advertising.

C. An advertisement may represent that a physician subspecializes in an area of medicine if the physician first identifies the physician's specialty.

D. This regulation does not prevent a physician from accurately describing a focus of the physician's practice in a field within the scope of the physician's training and board certification.

E. A physician shall also be accountable under this regulation if he uses an agent, partnership, professional association, or health maintenance organization to implement actions prohibited by this regulation.

F. An advertisement may state a range of prices for specifically described services if reasonable disclosure of all relevant variables and consideration is made.

G. The Board shall keep a record of those physicians who have been:

(1) Identified by the Board of Physician Quality Assurance as specialists before October 1, 1996; or

(2) Certified by the American Board of Medical Specialties and the American Osteopathic Association.