# COMAR Title 10 — Maryland Department of Health

## Subtitle 40 — Board of Podiatric Medical Examiners

### Chapter 06 — Advertising

**Authority:** Health Occupations Article, §§16-205(a)(1) and 16-311(a)(20), Annotated Code of Maryland

**Administrative History:** Effective date: April 4, 1988 (15:7 Md. R. 849)

**Administrative History:** Regulation .02B amended effective March 5, 1990 (17:4 Md. R. 497)

**Administrative History:** Regulation .03B, C amended effective July 2, 2018 (45:13 Md. R. 668)

**Administrative History:** Regulation .03C amended effective March 5, 1990 (17:4 Md. R. 497)

**Administrative History:** Regulation .05 recodified to .06 and new Regulation .05 adopted effective October 12, 1992 (19:20 Md. R. 1815)

#### Regulation .01 Scope.

*COMAR 10.40.06.01*

These regulations govern advertising by all podiatrists in Maryland.

#### Regulation .02 Definitions.

*COMAR 10.40.06.02*

A. In this chapter, the following words have the meanings indicated.

B. Terms Defined.

  (1) “Advertising” means calling to the attention of the public the services one has to offer.

  (2) “Board” means the State Board of Podiatric Medical Examiners.

  (3) “Podiatrist” means an individual who holds, or is required to hold, a current license to practice podiatry in Maryland.

#### Regulation .03 Advertising.

*COMAR 10.40.06.03*

A. A podiatrist may advertise the services offered by the podiatrist subject to the provisions of this regulation.

B. Advertisements. Subject to Regulation .04 of this chapter, a podiatrist may:

  (1) Place advertisements in any form of print or electronic media; or

  (2) Refer to himself or herself as a:

    (a) “Podiatrist”;

    (b) “Foot and ankle specialist”; or

    (c) “Foot and ankle surgeon”.

C. An advertisement may not include statements:

  (1) Containing misrepresentation of facts;

  (2) Likely to mislead or deceive because in context the statement makes only a partial disclosure of relevant facts;

  (3) 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 podiatrist could influence improperly a public body, official, corporation, or a 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; or

  (7) Containing representations that the podiatrist is willing to perform any procedure which is illegal under the laws or regulations of Maryland or the United States.

D. A podiatrist shall be accountable under this regulation if the podiatrist uses an agent, partnership, professional association, or health maintenance organization to implement actions prohibited by this regulation.

#### Regulation .04 Solicitation.

*COMAR 10.40.06.04*

A. A podiatrist may not engage in solicitation, including but not limited to, in person, telephone, or direct mail solicitation which:

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

  (2) Contains statements which would be improper under Regulation .03C of this chapter.

B. A podiatrist shall be accountable under this regulation if the podiatrist uses an agent, partnership, professional association, or health maintenance organization to implement actions prohibited by this regulation.

#### Regulation .05 Advertisement of Free, Discounted, or Reduced Fee Podiatric Goods or Services.

*COMAR 10.40.06.05*

A. It is false and misleading advertising for a podiatrist to advertise or otherwise represent that any goods or services (for example, examination or X-rays) shall be offered or performed for:

  (1) Free when the podiatrist in fact requests or receives a fee for reimbursement, directly or indirectly, for providing those goods or services; or

  (2) A discounted or reduced fee when the podiatrist in fact requests or receives, directly or indirectly, a higher fee or reimbursement for providing those goods or services.

B. In addition to the free, discounted, or reduced price goods or services, a podiatrist, who has not obtained the written informed consent of the patient in the form as shown in §C of this regulation, may not for a fee offer or provide any podiatric goods or services to a patient within 72 hours of the date the patient presents a coupon, voucher, similar document, or advertisement offering:

  (1) “Free” podiatric goods or services; or

  (2) Podiatric goods or services for a discounted or reduced fee.

C. The podiatrist shall use the following Consent to Treatment Form and shall retain the form in the patient's file:

#### Regulation .06 Penalties for Violation.

*COMAR 10.40.06.06*

The Board may enforce this chapter against the podiatrist by any appropriate ground for disciplinary action, under Health Occupations Article, §16-311, Annotated Code of Maryland.