.04 Advertising.

A. A physician who has been registered by the Board to perform acupuncture may advertise services subject to the provisions of this regulation.

B. An advertisement may not express statements:

(1) Containing misrepresentation of facts;

(2) That are likely to mislead or deceive because in context the statement makes only a partial disclosure of relevant facts;

(3) That intend to or are likely to create false or unjustified expectations of favorable results;

(4) Relating to fees, other than a standard consultation fee or a range of fees for specific types of services, without fully disclosing all relevant variables so that the statement would not be misunderstood or be deceptive to a layman;

(5) Conveying the impression that the physician who has been registered by the Board to perform acupuncture could improperly influence a public body, official, corporation, or an individual on behalf of a patient; or

(6) Containing representations that a physician who has been registered by the Board to perform acupuncture is:

(a) Willing to perform any procedure which is illegal under the laws or regulations of Maryland or the United States, or

(b) A licensed acupuncturist under Health Occupations Article, §1A-101 et seq., Annotated Code of Maryland, unless licensed by the State Acupuncture Board.

C. A physician who has been registered by the Board to perform acupuncture is accountable under this regulation if the physician uses an agent, partnership, professional association, or health maintenance organization to implement actions prohibited by this regulation.