# COMAR Title 10 — Maryland Department of Health

## Subtitle 53 — Board of Nursing — Electrology Practice Committee

### Chapter 10 — Advertising

**Authority:** Health Occupations Article, §§8-205 and 8-6B-01—8-6B-29, Annotated Code of Maryland

**Administrative History:** Effective date: January 16, 1984 (11:1 Md. R. 45)

**Administrative History:** Regulation .01C, D amended effective July 20, 1992 (19:14 Md. R. 1284)

**Administrative History:** Regulation .01, Requirements for Institutions Teaching the Theory or Clinical Practice of Electrology, repealed and new Regulations .01—.05 adopted under new chapter, Advertising, effective June 20, 2005 (32:12 Md. R. 1047)

#### Regulation .01 Advertising Standards.

*COMAR 10.53.10.01*

A. An electrologist shall include one of the following qualifications in an advertisement:

  (1) Licensed electrologist;

  (2) Licensed electrology instructor; or

  (3) Licensed by the Board of Nursing — Electrology Practice Committee.

B. An electrologist shall include in any advertising the name and address of at least one licensed electrologist or licensed electrology instructor practicing at the location advertised.

C. An electrologist may not, on behalf of the electrologist, a partner, an associate, or electrology affiliate, use or participate in the use of any form of public communication which contains a deceptive or misleading statement or claim. A deceptive or misleading statement or claim is one that:

  (1) States or implies:

    (a) That the electrologist is a certified or recognized specialist other than as licensed by the Board, unless the statement is true;

    (b) That the electrologist has superior education or credentials that are different than any other licensed electrologist or licensed electrologist instructor, if they are not;

    (c) An unwarranted claim of superior service;

    (d) A material misrepresentation of fact or presentation of fact that is likely to cause an ordinary prudent individual to misunderstand or to be deceived; or

    (e) An unreasonable claim likely to create unjustified expectations; or

  (2) Fails to include any fact necessary to make a statement not misleading.

D. An electrologist may not use electronic media, including telephone, radio, internet, and motion pictures, in a manner that is unreasonable, misleading, or fraudulent.

#### Regulation .02 Other Licenses.

*COMAR 10.53.10.02*

Electrologists or electrology instructors advertising other services for which they are licensed within one advertisement shall:

A. List each license held; and

B. Clearly state each service offered under each license.

#### Regulation .03 Fees.

*COMAR 10.53.10.03*

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

A. Charges more than the fee advertised for a service rendered; or

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

#### Regulation .04 Responsibility.

*COMAR 10.53.10.04*

An electrologist shall be responsible for an advertisement of service regardless of whether the advertising has been generated by the electrologist personally, by an employee, or by a proprietorship, partnership, corporation, union, clinic or institution, which uses the electrologist's services.

#### Regulation .05 Penalties.

*COMAR 10.53.10.05*

Violation of this chapter is a violation of Health Occupations Article, §§8-6B-23 and 8-6B-18(a)(10), Annotated Code of Maryland, and may result in disciplinary action pursuant to Health Occupations Article, §8-6B-18, Annotated Code of Maryland.