Chapter 07. Advertising
Regulation .01 Scope.LinkCopy Citation
This chapter governs advertising by licensed dietitians and licensed nutritionists in Maryland.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Advertising” means using any medium to call to the attention of the public the services one has to offer.
(2)
“Board” means the State Board of Dietetic Practice.
(3)
“Dietitian or nutritionist” means an individual who holds a current license to practice dietetics in Maryland.
Regulation .03 Advertising.LinkCopy Citation
A.
A dietitian or nutritionist may advertise dietetic services under the provisions of this chapter.
B.
An advertisement shall include the following:
(1)
Name of licensee;
(2)
Address or telephone number of practicing location; and
(3)
Type of license.
C.
An advertisement may not include a statement:
(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)
Intended to or likely to create false or unjustified expectations of favorable results;
(4)
Relating to fees without reasonable disclosure of all variables needed to make the statement clear and nondeceptive to a layperson;
(5)
Conveying the impression that the dietitian or nutritionist can influence improperly any public body, official, corporation, or any 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;
(7)
Containing representations that the dietitian or nutritionist is willing to perform any procedure that is illegal under federal or State law or regulation;
(8)
That fails to state the type of license; or
(9)
That cannot be verified by the Board.
D.
A dietitian or nutritionist shall be accountable under this chapter if the dietitian or nutritionist uses an agent, advertising service, employer, partnership, professional association, or health maintenance organization to implement actions prohibited by this regulation.
Regulation .04 Solicitation.LinkCopy Citation
A.
A dietitian or nutritionist may not engage in solicitation, including but not limited to, in-person, telephone, electronic media, or direct mail solicitation which:
(1)
Is fraudulent, overreaching, intimidating, or exerts undue influence; or
(2)
Contains statements which would be improper under Regulation .03C of this chapter.
B.
A dietitian or nutritionist shall be accountable under this chapter if the dietitian or nutritionist uses an agent, advertising service, employer, partnership, professional association, or health maintenance organization to implement actions prohibited by this regulation.
Regulation .05 Penalties for Violation.LinkCopy Citation
A violation of this chapter pertaining to the use of advertising shall constitute unprofessional conduct and may result in disciplinary action against the dietitian or nutritionist under Health Occupations Article, §5-311, Annotated Code of Maryland.
Chapter annotations
Authority: Health Occupations Article, §5-311, Annotated Code of Maryland
History: Effective date: October 14, 2002 (29:20 Md. R. 1589)