Ch. 3                                           LAWS OF MARYLAND

Former Art. 56, § 508(5)(ii) appeared as one part of a
definition of "unethical conduct". Based on the
reference to "[u]nethical conduct" in former Art. 56,
§ 521(3), the former definition is revised, in this
and other sections of this subtitle, as substantive
prohibitions, violation of which constitutes a
misdemeanor.

Defined terms: "License" § 8-101

"Person" § 1-101

"Provide hearing aid services" § 8-101

8-511. MISLEADING OR UNTRUTHFUL REPRESENTATIONS.

WHILE PROVIDING OR OFFERING TO PROVIDE HEARING AID SERVICES,
A PERSON MAY NOT:

(1)  USE OR PROMOTE OR CAUSE THE USE OF ANY
MISLEADING, DECEPTIVE, IMPROBABLE, OR UNTRUTHFUL ADVERTISING
MATTER, PROMOTIONAL LITERATURE, TESTIMONIAL, GUARANTEE, WARRANTY,
LABEL, BRAND, INSIGNIA, OR OTHER REPRESENTATION;

(2)  ADVERTISE A PARTICULAR MODEL, TYPE, OR KIND OF
HEARING AID FOR SALE WHILE INTENDING:

(I) 1. NOT TO ALLOW AN INDIVIDUAL WHO RESPONDS
TO THE ADVERTISEMENT TO BUY THE HEARING AID ADVERTISED; OR

2. TO DISSUADE AN INDIVIDUAL WHO RESPONDS
TO THE ADVERTISEMENT FROM BUYING THE HEARING AID ADVERTISED; AND

(II)  TO OBTAIN A PROSPECTIVE BUYER OF A MODEL,
TYPE, OR KIND OF HEARING AID THAT DIFFERS FROM THAT ADVERTISED;

(3)  FALSELY REPRESENT THE USE OR AVAILABILITY OF
SERVICES OR ADVICE OF A PHYSICIAN FOR PROVIDING HEARING AID
SERVICES;

(4)  MISREPRESENT THE QUALIFICATIONS OF THE PERSON BY
USE OF THE WORD "DOCTOR" OR ANY SIMILAR WORD, ABBREVIATION OR
SYMBOL; OR

(5)  MISREPRESENT THE PLACE OF BUSINESS OF THE PERSON
BY USE OF THE WORD "CLINIC" OR ANY SIMILAR WORD, ABBREVIATION, OR
SYMBOL TO INDICATE FALSELY THAT A MEDICAL SERVICE IS PROVIDED AT
THAT PLACE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 56, §
526(a), as that subsection related to a violation of §
521(3).

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