# COMAR Title 10 — Maryland Department of Health

## Subtitle 29 — Board of Morticians and Funeral Directors

### Chapter 12 — Advertising

#### Regulation .03 Advertising.

*COMAR 10.29.12.03*

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.