# COMAR Title 10 — Maryland Department of Health

## Subtitle 43 — Board of Chiropractic Examiners

### Chapter 03 — Advertising

**Authority:** Health Occupations Article, §3-401, Annotated Code of Maryland

**Administrative History:** Effective date: October 24, 1983 (10:21 Md. R. 1902)

**Administrative History:** Chapter revised effective August 6, 2001 (28:15 Md. R. 1398)

**Administrative History:** Regulation .02C adopted effective January 6, 2014 (40:26 Md. R. 2164)

**Administrative History:** Regulation .03 amended effective October 22, 2007 (34:21 Md. R. 1915)

**Administrative History:** Regulation .03J adopted effective June 13, 2011 (38:12 Md. R. 705)

**Administrative History:** Subtitle and Chapter name amended to be, Board of Chiropractic Examiners, Advertising, effective January 2, 2017 (43:26 Md. R. 1446)

**Administrative History:** Regulation .01 amended effective January 2, 2017 (43:26 Md. R. 1446)

**Administrative History:** Regulation .02C repealed effective January 2, 2017 (43:26 Md. R. 1446)

**Administrative History:** Regulation .03J repealed effective January 2, 2017 (43:26 Md. R. 1446)

#### Regulation .01 Scope.

*COMAR 10.43.03.01*

A chiropractor may advertise chiropractic services subject to the provisions of this chapter.

#### Regulation .02 Qualifications.

*COMAR 10.43.03.02*

A. In an advertisement, a chiropractor shall include at least the chiropractor's:

  (1) Name;

  (2) Office address;

  (3) Telephone number; and

  (4) Educational degree.

B. In an advertisement, a chiropractor may state the name of the chiropractor's specialty only if that specialty is approved by the Board.

#### Regulation .03 Prohibitions.

*COMAR 10.43.03.03*

An advertisement may not contain statements that:

A. Contain a misrepresentation of facts or do not reasonably identify the practice as chiropractic;

B. Are likely to mislead or deceive because in context the statement makes only a partial disclosure of relevant facts;

C. Intend to, or are likely to, create false or unjustified expectations of favorable results;

D. Relate to fees, other than a standard consultation fee or a range of fees for specific types of services, without fully disclosing all variables and other relevant factors;

E. Convey the impression that the chiropractor could influence improperly any public body, official, corporation, or any person on behalf of a patient;

F. Contain representations or implications that in reasonable probability can be expected to cause an ordinary prudent person to misunderstand or to be deceived;

G. Contain representations that the chiropractor is willing to perform any procedure which is illegal under the laws or regulations of Maryland or the United States;

H. Contain representations regarding the use of any equipment, treatment, or procedure not within the accepted, prudent practice of chiropractic; or

I. Promise payment, compensation, prizes, or remuneration of any intrinsic value.

#### Regulation .04 Solicitation.

*COMAR 10.43.03.04*

A. A chiropractor 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 overreaching;

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

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