Md. Code Regs. 10.44.06.02

Current through Register Vol. 51, No. 8, April 19, 2024

Section 10.44.06.02 - Prohibition of Deceptive or Misleading Statements or Claims

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.

Md. Code Regs. 10.44.06.02

Regulation .02 amended effective November 2, 1998 (25:22 Md. R. 1652)
Regulation .02B amended effective August 16, 2004 (31:16 Md. R. 1255); April 30, 2012 (39:8 Md. R. 536)