# COMAR Title 10 — Maryland Department of Health

## Subtitle 44 — Board of Dental Examiners

### Chapter 06 — Advertising

**Authority:** Health Occupations Article, §§4-205, 4-315, and 4-503, Annotated Code of Maryland

**Administrative History:** Effective date: January 23, 1981 (8:2 Md. R. 112)

**Administrative History:** Regulation .02 amended effective November 2, 1998 (25:22 Md. R. 1652)

**Administrative History:** Regulation .03B amended effective February 19, 1990 (17:3 Md. R. 300); November 2, 1998 (25:22 Md. R. 1652)

**Administrative History:** Regulation .07 adopted effective July 12, 1998 (25:14 Md. R. 1132)

**Administrative History:** Chapter revised effective December 10, 2001 (28:24 Md. R. 2129)

**Administrative History:** Regulation .02B amended effective August 16, 2004 (31:16 Md. R. 1255); April 30, 2012 (39:8 Md. R. 536)

#### Regulation .01 Definitions.

*COMAR 10.44.06.01*

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

B. Terms Defined.

  (1) “Board” means the State Board of Dental Examiners.

  (2) “Dentist” means an individual who holds a current license to practice dentistry in Maryland.

  (3) “General dentist” means a dentist not recognized by the Board as a specialist in an area of dental specialty.

#### Regulation .02 Prohibition of Deceptive or Misleading Statements or Claims.

*COMAR 10.44.06.02*

A. A dentist may not, on behalf of himself, his partner, or his associate, or for any other dentist affiliated with him, use or participate in the use of any form of public communication which contains a deceptive or misleading statement or claim.

B. Deceptive or misleading statements or claims are those that:

  (1) Contain a material misrepresentation of fact;

  (2) Fail to state any fact necessary to make the statement not misleading;

  (3) Are intended or are likely to create unjustified expectations;

  (4) State or imply that a dentist is a certified or recognized specialist other than as recognized by the Board;

  (5) State or imply superior service;

  (6) Contain a representation or implication that is likely to cause an ordinary prudent person to misunderstand or to be deceived;

  (7) Contain statistical data or other information based on past performance coupled with an explicit representation that the data or information indicates a likelihood of future success;

  (8) Contain or imply any guarantee of satisfaction, except the guarantee to return a fee if the patient is not satisfied with the treatment rendered;

  (9) Use electronic media, including television, radio, and motion pictures, in a manner inconsistent with these regulations and the following criteria:

    (a) Broadcast advertising shall be communicated to the public only over radio or television stations that are approved by the Federal Communications Commission or over cable television,

    (b) Broadcast advertisements shall be prerecorded, and approved for broadcast by the advertising dentist, and

    (c) A recording of the actual transmission shall be retained by the advertising dentist for a period of 3 years;

  (10) Fail to include the name of a responsible licensed dentist who provides dental services at the location advertised; or

  (11) State or imply that a dentist practices in an area of dental specialty unless the dentist:

    (a) Is recognized by the Board as a specialist in the area advertised,

    (b) Includes in the advertisement a disclaimer that the dentist is not recognized by the Board as a specialist in the area of practice advertised, or

    (c) Includes in the advertisement a statement that the dentist is a general dentist.

#### Regulation .03 Fees.

*COMAR 10.44.06.03*

A statement regarding fees shall be considered deceptive or misleading if the dentist:

A. Renders the service at more than the fees advertised;

B. Fails to offer the service at the fee advertised for a reasonable period of time following the advertisement unless a specific time limit is included in the original advertisement.

#### Regulation .04 Responsibility.

*COMAR 10.44.06.04*

A dentist shall be responsible for an advertisement of service regardless of whether the advertising has been generated by him personally, by his employees, or by a proprietorship, partnership, corporation, union, public school clinic, state institution, or eleemosynary institution which uses his services.

#### Regulation .05 Penalties for Violation.

*COMAR 10.44.06.05*

Violations of these regulations pertaining to the use of advertising shall constitute unprofessional conduct and may result in disciplinary action against the dentist as set forth in Health Occupations Article, §4-315, Annotated Code of Maryland.

#### Regulation .06 Retention and Inspection.

*COMAR 10.44.06.06*

A dentist shall:

A. Retain a copy of all advertising, in the form in which it was published, for a period of 3 years from the date of publication; and

B. Make the copy available for inspection and copying when requested by the Board.