184

LAWS OF MARYLAND

Ch.8

(B)  TITLES AND DESIGNATION OF SPECIALTY.

(1)  A LICENSED DENTIST MAY NOT:

(I)  USE THE DESIGNATIONS "DOCTOR OF DENTAL
SURGERY", "DOCTOR OF DENTAL MEDICINE", OR "DENTAL SURGEON"
ON A SIGN THAT BEARS THE NAME OF THE LICENSEE; OR

(II)  INCLUDE A SPECIALTY DESIGNATION IN A
CARD, LETTERHEAD, SIGN, TELEPHONE DIRECTORY LISTING, OR
OTHER PRINTED MATTER THAT BEARS THE NAME OF THE LICENSEE,
UNLESS:

1.  THE LICENSEE IS IDENTIFIED BY THE
BOARD AS A SPECIALIST IN THE DESIGNATED FIELD UNDER § 4-503
OF THIS SUBTITLE; AND

2.  THE LANGUAGE USED TO REFER TO THE
SPECIALTY IS APPROVED BY THE BOARD.

(2)  A LICENSED DENTIST MAY USE THE DESIGNATIONS
"DR.", "DENTIST", "D.D.S.", OR "D.M.D." ON A SIGN THAT BEARS
THE LICENSEE'S NAME.

(C)  ADVERTISING BY UNLICENSED PERSONS.

A PERSON WHO IS NOT LICENSED TO PRACTICE DENTISTRY MAY
NOT SOLICIT OR ADVERTISE TO THE GENERAL PUBLIC IN ANY MANNER
THAT THE PERSON ALTERS, CONSTRUCTS, DUPLICATES, REPAIRS, OR
SUPPLIES A DENTAL APPLIANCE.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 32, § 5B(c)
and the second and third clauses of § ll(k)(l)
and from Art. 32, §§ ll(k)(2) and (3), 12, 16,
and 25(b).

As to subsection (a) of this section, present
Art. 32, §§ 11(k) and 12 provide for many varying
restrictions on advertising by licensed dentists,
including a complete prohibition on advertising
by dentists in present Art. 32, § 12(a).
Decisions and opinions by the courts and the
Attorney General establish that many of these
provisions are unconstitutional, and those
provisions are deleted for that reason. See
Bates v. State Bar of Arizona, 433 U.S. 350, reh.
denied, 434 U.S. 881 (1977); Virginia Board of
Pharmacy v. Virginia Citizens Consumer Council,
425 U.S. 748 (1976); Comprehensive Accounting
Service Co. v. State Board of Public Accountancy,
284 Md. 474 (1979); 62 Op. Att'y Gen. 256 (1977).
On this basis, the third and fourth clauses of
present Art. 32, § ll(k)(2), § 12(a), and all but
the final sentences of (b), (d), and (e) are
deleted. To the extent that they apply to