10.29.12 Advertising Flashcards
This chapter governs advertising by all persons licensed by the Board of Morticians and Funeral Directors in Maryland.
10.29.12.01 Scope
Calling to the attention of the public the services one has to offer.
Advertising
The Board of Morticians
Board
- 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
Licensees may advertise mortuary science services subject to the provisions of this regulation.
10.29.12.03 Advertising
A.
- Containing misrepresentations of facts;
- Likely to mislead or deceive because in context the statements make only a partial disclosure of relevant facts;
- Intended or 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 laypersons;
- Conveying the impression that the licensee could influence improperly any public body, official, corporation, or person on behalf of the public;
- Containing representations or implications that in reasonable probability can be expected to cause an ordinarily prudent individual to misunderstand or be decieved;
- 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
- 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:
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.
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.
A licensee 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 overreaching; or
- Contains statements which would be improper under Regulation .03B of this chapter.
10.29.12.04 Solicitation
A.
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.
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.
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.
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.
An apprentice licensee may not advertise the provision of mortuary science services in Maryland.
10.29.12.05 Prohibitions
D.
A courtesy card holder may not advertise the provision of mortuary science services in Maryland.
10.29.12.05 Prohibitions
E.
