10.29.12 Advertising Flashcards Preview

Maryland Law Exam > 10.29.12 Advertising > Flashcards

Flashcards in 10.29.12 Advertising Deck (16):
1

This chapter governs advertising by all persons licensed by the Board of Morticians and Funeral Directors in Maryland.

10.29.12.01 Scope

2

Calling to the attention of the public the services one has to offer.

Advertising

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The Board of Morticians

Board

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  • A licensed mortician, funeral director, or a surviving spouse license holder who holds a current license to practice mortuary science in Maryland.
  • May mean a funeral establishment in some instances.

Licensee

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Licensees may advertise mortuary science services subject to the provisions of this regulation.

10.29.12.03 Advertising

A.

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  1. Containing misrepresentations of facts;
  2. Likely to mislead or deceive because in context the statements make only a partial disclosure of relevant facts;
  3. Intended or likely to create false or unjustified expectations of favorable results;
  4. Relating to fees without reasonable disclosure of all relevant variables so that the statement would not be misunderstood or be deceptive to laypersons;
  5. Conveying the impression that the licensee could influence improperly any public body, official, corporation, or person on behalf of the public;
  6. Containing representations or implications that in reasonable probability can be expected to cause an ordinarily prudent individual to misunderstand or be decieved;
  7. Containing representations that the licensee is willing to provide services which are illegal under the laws or regulations of Maryland or the United States; or
  8. That fail to state that the licensee is licensed to practice mortuary science in Maryland.

10.29.12.03 Advertising

B. An advertisement may not contain statements:

7

A licensee shall be accountable under this regulation if the licensee uses an agent or partnership to implement actions prohibited by this regulation.

10.29.12.03 Advertising

C.

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A funeral establishment may advertise that it is able to provide preneed services as specified in Health Occupations Article, Title 7, Annotated Code of Maryland.

10.29.12.03 Advertising

D.

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A licensee may not engage in solicitation, including, but not limited to, in-person, telephone or direct mail solicitation which:

  1. Amounts to fraud, undue influence, intimidation, or overreaching; or
  2. Contains statements which would be improper under Regulation .03B of this chapter.

10.29.12.04 Solicitation

A.

10

A licensee shall be accountable under this regulation if the licensee uses an agent or partnership to implement actions prohibited by this regulation.

10.29.12.04 Solicitation

B.

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A licensee is prohibited from soliciting mortuary science business from a dying individual or the relatives of a dying individual other than through general advertising.

10.29.12.05 Prohibitions

A.

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A licensee may not employ, pay, or offer to pay a person to obtain business, either in general or for a particular mortician, funeral director, surviving spouse, or funeral establishment.

10.29.12.05 Prohibitions

B.

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A licensee  may not solicit or accept payment or rebate for recommending any crematory, mausoleum, or cemetery, suggesting that a dead human body be disposed of there.

10.29.12.05 Prohibitions

C.

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An apprentice licensee may not advertise the provision of mortuary science services in Maryland.

10.29.12.05 Prohibitions

D.

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A courtesy card holder may not advertise the provision of mortuary science services in Maryland.

10.29.12.05 Prohibitions

E.

16

A violation of these regulations pertaining to the use of advertising may result in disciplinary action against the licensee under Health Occupations Article, 7-316, Annotated Code of Maryland.

10.29.12.06 Penalties for Violation