# COMAR Title 10 — Maryland Department of Health

## Subtitle 28 — Board of Examiners in Optometry

### Chapter 09 — Advertising

**Authority:** Health Occupations Article, §§11-205 and 11-313, Annotated Code of Maryland

**Administrative History:** Effective date: September 7, 1987 (14:18 Md. R. 1966)

**Administrative History:** Regulation .02B amended effective July 31, 2017 (44:15 Md. R. 760)

**Administrative History:** Regulation .04A amended effective March 4, 2002 (29:4 Md. R. 417)

#### Regulation .01 Scope.

*COMAR 10.28.09.01*

These regulations govern advertising by optometrists in Maryland.

#### Regulation .02 Definitions.

*COMAR 10.28.09.02*

A. The following terms have the meanings indicated.

B. Terms Defined.

  (1) “Advertising” means calling to the attention of the public the services one has to offer, including, but not limited to, by written, oral, or electronic methods.

  (2) “Board” means the State Board of Examiners in Optometry.

  (3) “Optometrist” means an individual who holds a current license to practice optometry in Maryland.

#### Regulation .03 Advertising.

*COMAR 10.28.09.03*

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.

#### Regulation .04 Solicitation.

*COMAR 10.28.09.04*

A. An optometrist may not engage in solicitation, including but not limited to in-person, telephone, facsimile, internet, or direct mail solicitation which:

  (1) Amounts to fraud, undue influence, intimidation, or overreaching;

  (2) Contains statements which would be improper under Regulation .03B.

B. 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.

#### Regulation .05 Penalties for Violation.

*COMAR 10.28.09.05*

A violation of these regulations pertaining to the use of advertising shall constitute unprofessional conduct and may result in disciplinary action against the optometrist under Health Occupations Article, §§11-205 and 11-313, Annotated Code of Maryland.