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FOR YOUR INFORMATION
Index
Advertising
Board Certifications
Center for Disease Control Guidelines
Change of Address
Educational Information on Elder Care and Elder Abuse
HIPAA Resources and Information
Medical Records Act
Patient Abandonment
Scope of Practice
Authority: Health Occupations Article, § 16-205(a)(1) and 16-311(a)(20),
Annotated Code of Maryland
.01 Scope.
These regulations govern advertising by all podiatrists in Maryland.
.02 Definitions.
A. In this chapter, the following words have the meanings indicated.
B. Terms Defined.
- "Advertising" means calling to the attention of the public the services one has to offer.
- "Board" means the State Board of Podiatric Medical Examiners.
- "Podiatrist" means an individual who holds, or is required to hold, a current license to practice podiatry in Maryland.
.03 Advertising.
A. A podiatrist may advertise the services offered by the podiatrist subject to the provisions of this regulation.
B. Advertisements. Subject to Regulation .04, a podiatrist may place advertisements in any form of print or electronic media.
C. An advertisement may not include statements:
- Containing misrepresentation of facts;
- Likely to mislead or deceive because in context the statement makes only a partial disclosure of relevant facts;
- Likely to create false or unjustified expectations of favorable results;
- Relating to fees without reasonable disclosure of all relevant variables so that the statement would not be misunderstood or be deceptive to a layman;
- Conveying the impression that the podiatrist could influence improperly a public body, official, corporation, or a person on behalf of a patient;
- Containing representations or implications that in reasonable probability can be expected to cause an ordinarily prudent person to misunderstand or be deceived;
- 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;
- 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
- That fail to state that the practitioner is a podiatrist.
D. A podiatrist shall be accountable under this regulation if the podiatrist uses an agent, partnership, professional association, or health maintenance organization to implement actions prohibited by this regulation.
.04 Solicitation.
A. A podiatrist may not engage in solicitation, including but not limited to, in person, telephone, or direct mail solicitation which:
- Amounts to fraud, undue influence, intimidation or over reaching; or
- Contains statements which would be improper under Regulation .03C.
B. A podiatrist shall be accountable under this regulation if the podiatrist uses an agent, partnership, professional association, or health maintenance organization to implement actions prohibited by this regulation
.05 Advertisement of Free, Discounted, or Reduced Fee Podiatric Goods or Services.
A. It is false and misleading advertising for a podiatrist to advertise or otherwise represent that any goods or services (for example, examination or X-rays) shall be offered or performed for:
- Free when the podiatrist in fact requests or receives a fee for reimbursement, directly or indirectly, for providing those goods or services; or
- A discounted or reduced fee when the podiatrist in fact requests or receives, directly or indirectly, a higher fee or reimbursement for providing those goods or services.
B. In addition to the free, discounted, or reduced price goods or services, a podiatrist, who has not obtained the written informed consent of the patient in the form as shown in § C of this regulation, may not for a fee offer or provide any podiatric goods or services to a patient within 72 hours of the date the patient presents a coupon, voucher, similar document, or advertisement offering:
- "Free" podiatric goods or services; or
- Podiatric goods or services for a discounted or reduced fee.
C. The podiatrist shall use the following Consent to Treatment Form and shall retain the form in the patient's file:
Consent Form
.06 Penalties for Violation.
The Board may enforce this chapter against the podiatrist by any appropriate ground for disciplinary action, under Health Occupations Article, § 16-311, Annotated Code of Maryland.
The Board voted unanimously to adopt the following policy concerning podiatrists who
advertise Board Certifications:
"A podiatric physician may advertise certification by a certifying specialty board only if the
certifying board is approved by the American Podiatric Medical Association."
The Board's authority to implement this policy is derived from the
Code of Maryland Regulations Title 10, Subtitle 40, Chapter 06-Advertising.
In accordance with §16-310 of the Annotated Code,
"Each licensee shall notify the Board of any change of address".
It is the podiatrist's responsibility to notify the Board of an address change.
Board policy dictates that all change of address requests be in writing and
signed by the person of interest. A $100.00 fine for non-compliance will be
issued to podiatrists who fail to notify the Board of an address change.
Please fax your new address information to the Board's office at (410) 358 3083
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