<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".13" citation="COMAR 10.32.01.13" title_num="10" subtitle_num="32" chapter_num="01" heading="Advertising.">
  <paragraph num="A.">
    <text>A physician may place advertisements.</text>
  </paragraph>
  <paragraph num="B.">
    <text>An advertisement may not contain:</text>
    <paragraph num="(1)">
      <text>Statements containing misrepresentation of facts;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Statements that cannot be verified by the Board for truthfulness;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Statements likely to mislead or deceive because in context the statements make only a partial disclosure of relevant facts;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Statements intended to, or likely to, create false or unjustified expectations of favorable results;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Statements conveying the impression that the physician could improperly influence any public body, official, corporation, or any person on behalf of a patient;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Statements containing representations or implications that in reasonable probability can be expected to cause an ordinary prudent person to misunderstand or be deceived; or</text>
    </paragraph>
    <paragraph num="(9)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>A physician who is not board certified as defined in Regulation .02B(9) of this chapter may not use the term “board certified” to describe the physician’s qualifications or make any representation that the physician has received formal recognition as a specialist in any aspect of the practice of medicine.</text>
  </paragraph>
  <paragraph num="D.">
    <text>A physician who is board certified may not use the term “board certified” to indicate certification or expertise in a specialty or subspecialty area other than that in which the physician is certified by the certifying board.</text>
  </paragraph>
  <paragraph num="E.">
    <text>An advertisement may represent that a physician subspecializes in an area of medicine if the physician first identifies the physician's specialty.</text>
  </paragraph>
  <paragraph num="F.">
    <text>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.</text>
  </paragraph>
  <paragraph num="G.">
    <text>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.</text>
  </paragraph>
  <paragraph num="H.">
    <text>An advertisement may state a range of prices for specifically described services if reasonable disclosure of all relevant variables and consideration is made.</text>
  </paragraph>
  <paragraph num="I.">
    <text>The Board shall keep a record of those physicians who have been:</text>
    <paragraph num="(1)">
      <text>Identified by the Board of Physician Quality Assurance as specialists before October 1, 1996; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Certified by the American Board of Medical Specialties and the American Osteopathic Association.</text>
    </paragraph>
  </paragraph>
</regulation>