Maryland healthcare advertising rules the checker applies

Rules for Maryland

1. CG-MDS-001 · Warns · Citation checked against stored text

   Maryland bars a physician advertisement from containing statements intended or likely to create false or unjustified expectations of favorable results. Guarantees and miracle claims are the standard example.

   Source: COMAR 10.32.01.13B(4) ("create false or unjustified expectations of favorable results")

   Safer wording: Describe the service and what patients have typically experienced, with a source, and say results vary. Do not promise a result.

   COMAR 10.32.01.13 · Needs counsel review

2. CG-MDS-002 · Warns · Citation checked against stored text

   Maryland bars a physician advertisement for free or discounted services, examinations or treatments when additional services done as a result and within 72 hours of the first visit will carry a charge, unless it was a bona fide emergency. The ad has to be clear about what is free.

   Source: COMAR 10.32.01.13B(6) ("Statements advertising discounted or free services, examinations, or treatments when there will be an additional charge for any additional services")

   Safer wording: Say exactly what is free and what any follow-up services will cost. Do not offer a free first visit if services done within 72 hours will be billed unless that is clearly disclosed.

   COMAR 10.32.01.13 · Needs counsel review

3. CG-MDS-003 · Warns · Citation checked against stored text

   Maryland says a physician may not represent to the public that the physician is board certified unless the physician is, and discloses the full name of the certifying board and the specialty or subspecialty. Uncertified physicians may not suggest formal recognition as a specialist.

   Source: Md. Code, Health Occ. 14-503(a) ("discloses the full name of the board from which the physician is certified")

   Safer wording: Name the certifying board in full and the specialty, for example "board certified in cardiology by the American Board of Internal Medicine", and only if it is true and current.

   Md. Code, Health Occ. 14-503 · Needs counsel review

4. CG-MDS-004 · Warns · Citation checked against stored text

   Maryland can discipline a physician who pays or accepts money for bringing or referring a patient.

   Source: Md. Code, Health Occ. 14-404(a)(15) ("Pays or agrees to pay any sum to any person for bringing or referring a patient")

   Safer wording: Remove payment for referrals aimed at practitioners or patient brokers and have counsel review any referral arrangement.

   Md. Code, Health Occ. 14-404 · Needs counsel review

5. CG-MDS-005 · Warns · Citation checked against stored text

   Maryland lists as an unfair or deceptive trade practice a representation that consumer services have a characteristic or benefit they do not have, and any misleading statement with the capacity to deceive consumers. Saying a health service carries no risk is likely to mislead.

   Source: Md. Code, Com. Law 13-301(2)(i) ("Consumer goods, consumer realty, or consumer services have a sponsorship, approval, accessory, characteristic, ingredient, use, benefit, or quantity which they do not have")

   Safer wording: State the main risks plainly or point to where they are explained.

   Md. Code, Com. Law 13-301 · Needs counsel review

6. CG-MDS-006 · Blocks approval · Citation checked against stored text

   Maryland makes it unlawful to use a geofence within 1,750 feet of a mental health facility or a reproductive or sexual health facility to identify, track or collect data from people, or to send them notifications about their consumer health data.

   Source: Md. Code, Com. Law 14-4704(3) ("Use a geofence to establish a virtual boundary that is within 1,750 feet of any mental health facility or reproductive or sexual health facility")

   Safer wording: Remove geofencing around mental health, reproductive or sexual health facilities from campaign targeting and copy. Target by interest or general area, with counsel review.

   Md. Code, Com. Law 14-4704 · Needs counsel review

7. CG-MDS-007 · Warns · Citation checked against stored text

   Maryland bars a controller from processing a consumer''s personal data for targeted advertising when it knew or should have known the consumer is under 18. Campaigns that name minors as a retargeting or targeted-ad audience show that knowledge.

   Source: Md. Code, Com. Law 14-4707(a)(4) ("Process the personal data of a consumer for the purposes of targeted advertising if the controller knew or should have known that the consumer is under the age of 18 years")

   Safer wording: Exclude people under 18 from retargeting and targeted-ad audiences, and do not describe minors as an audience for them.

   Md. Code, Com. Law 14-4707 · Needs counsel review