1906

LAWS OF MARYLAND

Ch. 240

GALLSTONES, ANY HEART OR VASCULAR DISEASE, HIGH BLOOD
PRESSURE, MASTOIDITIS, MEASLES, MENINGITIS, MUMPS,
NEPHRITIS, OTITIS MEDIA, PARALYSIS, PNEUMONIA, POLIOMYELITIS
(INFANTILE PARALYSIS), ANY PROSTATE GLAND DISORDER,
PYELITIS, SCARLET FEVER, SEXUAL IMPOTENCE, SINUS INFECTION,
SMALLPOX, TUBERCULOSIS, TUMORS, TYPHOID, UREMIA, OR ANY
VENEREAL DISEASE.

(B)  STATUTORY EXCEPTIONS.

IF AN ADVERTISEMENT FOR A DRUG OR DEVICE IS NOT
OTHERWISE CONSIDERED TO BE FALSE UNDER § 4-247 OF THIS
SUBTITLE, IT IS NOT FALSE UNDER THIS SECTION IF:

(1)  IT IS DISSEMINATED ONLY TO MEMBERS OF THE
MEDICAL, DENTAL, OR VETERINARY PROFESSIONS;

(2)  IT APPEARS ONLY IN THE SCIENTIFIC
PERIODICALS OF THESE PROFESSIONS; OR

(3)  IT IS DISSEMINATED ONLY FOR THE PURPOSE OF
PUBLIC HEALTH EDUCATION BY A PERSON WHO DOES NOT HAVE A
DIRECT OR INDIRECT COMMERCIAL INTEREST IN THE SALE OF THE
DRUG OR DEVICE.

(C)  EXEMPTIONS BY RULE AND REGULATION.

(1)  AN ADVERTISEMENT FOR A DRUG OR DEVICE IS NOT
FALSE UNDER THIS SECTION IF A RULE OR REGULATION IS ADOPTED
THAT AUTHORIZES THE ADVERTISEMENT, AS PROVIDED IN THIS
SUBSECTION.

(2) (I) IF THE SECRETARY FINDS THAT AN ADVANCE
IN MEDICAL SCIENCE HAS MADE ANY TYPE OF SELF-MEDICATION SAFE
FOR THE TREATMENT OF ANY DISEASE OR DISORDER NAMED IN
SUBSECTION (A) OF THIS SECTION, THE SECRETARY SHALL ADOPT A
RULE OR REGULATION THAT AUTHORIZES THE ADVERTISEMENT OF ANY
DRUG OR DEVICE THAT HAS A CURATIVE OR THERAPEUTIC EFFECT FOR
THE DISEASE OR DISORDER.

(II) A RULE OR REGULATION THAT AUTHORIZES
AN ADVERTISEMENT IS SUBJECT TO ANY CONDITION OR RESTRICTION
THAT THE SECRETARY CONSIDERS NECESSARY TO PROTECT THE PUBLIC
HEALTH.

(D)  CONSTRUCTION OF SECTION.

THIS SECTION DOES NOT INDICATE THAT SELF-MEDICATION FOR
ANY DISEASE OR DISORDER OTHER THAN THE DISEASES AND
DISORDERS NAMED IN SUBSECTION (A) OF THIS SECTION IS SAFE OR
EFFECTIVE.

(E)  APPLICATION OF SECTION TO LABELING OF DRUGS AND
DEVICES; MISBRANDING.