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Chapter 04. Advertising

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Regulation .01 Scope.Copy Citation

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This chapter governs advertising by licensees or registrants of the Board of Massage Therapy Examiners in Maryland.

Regulation .02 Definitions.Copy Citation

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A.
In this chapter, the following terms 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 Board of Massage Therapy Examiners.
(3)
“Licensee” means an individual who is licensed by the Board to practice massage therapy.
(4)
“Registrant” means an individual who is registered by the Board to practice massage therapy in a setting that is not a health care setting.

Regulation .03 Advertising.Copy Citation

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A.
A licensee or registrant may advertise massage services subject to the provisions of this chapter.
B.
The licensee or registrant shall state in the advertisement that the:
(1)
Licensee is a “State of Maryland licensed massage therapist”; or
(2)
Registrant is a “State of Maryland registered massage practitioner”.
C.
An advertisement shall state at a minimum the:
(1)
Licensee’s or registrant’s practice or business name;
(2)
Licensee’s or registrant’s name;
(3)
Licensee’s or registrant’s status as a licensee or registrant; and
(4)
Practice or business address and telephone number.
D.
An advertisement may not include statements that:
(1)
Contain misrepresentations of facts;
(2)
Misrepresent any professional qualifications, education, experience, or affiliation; or
(3)
Make representations or implications that the licensee or registrant is willing to provide services that are illegal under the laws or regulations of Maryland or the United States.
E.
An individual who is a registrant or a business entity that employs or contracts with registrants may not advertise that the individual or business entity provides health-related therapeutic massage services.
F.
An individual may not advertise that the individual practices massage therapy in Maryland if:
(1)
The individual is otherwise qualified to practice massage therapy in any other state or country that has substantially similar requirements for authorization to practice massage therapy and the individual is in this State for not more than 7 days;
(2)
The individual's application for a license or registration is pending before the Board.
G.
An individual whose license or registration has been suspended or revoked by the Board may not advertise or initiate any advertising during the period of suspension or revocation.

Regulation .04 Solicitation.Copy Citation

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A licensee or registrant may not engage in solicitation, including, but not limited to, in-person, telephone, electronic, or direct mail solicitation, that:
A.
Amounts to fraud, undue influence, intimidation, or over reaching; or
B.
Contains statements which would be improper under Regulation .03C of this chapter.

Regulation .05 Accountability.Copy Citation

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A licensee or registrant shall be accountable under this chapter if the licensee or registrant uses an agent, partnership, professional association, health maintenance organization, or any other entity or means to implement actions prohibited by this chapter.

Regulation .06 Penalties for Violation.Copy Citation

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A violation of this chapter may result in disciplinary action against the licensee or registrant under Health Occupations Article, Title 6, Annotated Code of Maryland.
Chapter annotations
Authority: Health Occupations Article, §§6-101, 6-102, 6-206, and 6-401, Annotated Code of Maryland
History: Effective date:
History: Chapter recodified from COMAR 10.43.19 to COMAR 10.65.04 under new Subtitle, Board of Massage Therapy Examiners, Advertising, effective January 2, 2017 (43:26 Md. R. 1446)
History: Regulation .01 amended effective January 2, 2017 (43:26 Md. R. 1446); August 5, 2024 (51:15 Md. R. 710)
History: Regulation .02B amended effective January 2, 2017 (43:26 Md. R. 1446); August 5, 2024 (51:15 Md. R. 710)
History: Regulation .03 amended effective January 2, 2017 (43:26 Md. R. 1446); August 5, 2024 (51:15 Md. R. 710)
History: Regulation .04 amended effective August 5, 2024 (51:15 Md. R. 710)
History: Regulation .05 amended effective August 5, 2024 (51:15 Md. R. 710)
History: Regulation .06 amended effective January 2, 2017 (43:26 Md. R. 1446); August 5, 2024 (51:15 Md. R. 710)