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    Maryland Register

    Issue Date:  April 13, 2018

    Volume 45 • Issue 8 • Page 431


    Title 10


    10.40.06 Advertising

    Authority: Health Occupations Article, §§16–205(a)(1) and 16–311(a)(20), Annotated Code of Maryland

    Notice of Proposed Action


    The Secretary of Health proposes to amend Regulation .03 under COMAR 10.40.06 Advertising. This action was considered at a public meeting on September 7, 2017, notice of which was given by publication on the Board of Podiatric Medical Examiner's website at https://health.maryland.gov/mbpme/Pages/index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

    Statement of Purpose

    The purpose of this action is to:

    (1) Authorize a podiatrist licensed by the Board to refer to himself or herself in advertisements as a “podiatrist”, as a “foot and ankle specialist” or as a “foot and ankle surgeon”; and

    (2) Repeal a regulation that prohibits an advertisement from including statements that fail to include the name of at least one podiatrist rendering services under the particular practice or trade name at the location advertised or statements that fail to state that the practitioner is a podiatrist.

    Comparison to Federal Standards

    There is no corresponding federal standard to this proposed action.

    Estimate of Economic Impact

    The proposed action has no economic impact.

    Economic Impact on Small Businesses

    The proposed action has minimal or no economic impact on small businesses.

    Impact on Individuals with Disabilities

    The proposed action has no impact on individuals with disabilities.

    Opportunity for Public Comment

    Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 W. Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through May 14, 2018. A public hearing has not been scheduled.

    .03 Advertising.

    A. (text unchanged)

    B. Advertisements. Subject to Regulation .04, of this chapter, a podiatrist may [place]:

    (1) Place advertisements in any form of print or electronic media; or

    (2) Refer to himself or herself as a:

    (a) “Podiatrist”;

    (b) “Foot and ankle specialist”; or

    (c) “Foot and ankle surgeon”.

    C. An advertisement may not include statements:

    (1)—(5) (text unchanged)

    (6) Containing representations or implications that in reasonable probability can be expected to cause an ordinarily prudent person to misunderstand or be deceived; or

    (7) Containing representations that the podiatrist is willing to perform any procedure which is illegal under the laws or regulations of Maryland or the United States[;]

    [(8) That fail to include the name of at least one podiatrist rendering services under the particular practice or trade name at the location advertised; or

    (9) That fail to state that the practitioner is a podiatrist].

    D. (text unchanged)

    Secretary of Health