WILLIAM DONALD SCHAEFER, Governor                       Ch. 3

superiority advances that interest. In fact, it may
be detrimental to hearing impaired individuals by
denying them information that may be important to them
in buying a hearing aid. See Bates v. State Bar of
Arizona, 433 U.S. 350, 364, 97 S.Ct. 2691, 2699
(1977), reh'g denied, 434 U.S. 881, 98 S.Ct. 242
(1977); Virginia Pharmacy Board v. Virginia Citizens
Consumer Council, 425 U.S. 748, 763-64, 96 S.Ct. 1817,
1826-27 (1976). Also, a blanket prohibition on such
advertising, rather than a more narrowly drawn
restriction, may reach farther than necessary to
accomplish its objective. See Central Hudson Gas &
Electric Corp. v. Public Service Commission, 447 U.S.
557, 569-72, 100 S.Ct. 2343, 2353-54 (1980).

In addition, the description of the prohibited acts in
this section may be unconstitutionally vague. A penal
statute must be sufficiently explicit to inform those
subject to it that conduct on their part will subject
them to its penalties and to provide those who enforce
it with legally fixed standards and adequate
guidelines for doing so. Bowers v. State, 283 Md.
115, 120-21 (1978). The meanings of the terms
"professional methods" and "professional superiority"
are unclear and the statute provides no definition.
These terms do not appear to adequately inform those
subject to the statute that conduct is prohibited or
to provide those who enforce the statute with legally
fixed standards and adequate guidelines for doing so.

Defined terms: "Person" § 1-101
"Provide hearing aid services" § 8-101

8-516. DOOR-TO-DOOR SOLICITATION.

(A)  PROHIBITED SOLICITATIONS.

SUBJECT TO SUBSECTION (B) OF THIS SECTION, A PERSON MAY NOT
SELL OR ATTEMPT TO SELL A HEARING AID TO ANY PERSON BY
DOOR-TO-DOOR SOLICITATION.

(B)  AUTHORIZED SOLICITATIONS.

SUBSECTION (A) OF THIS SECTION DOES NOT APPLY TO A
SOLICITATION THAT IS MADE:

(1)  AT THE REQUEST OF THE SOLICITED INDIVIDUAL;

(2)  IN RESPONSE TO AN INQUIRY FROM THE SOLICITED
INDIVIDUAL; OR

(3)  ON REFERRAL OF THE PERSON MAKING THE SOLICITATION
TO THE SOLICITED INDIVIDUAL BY A 3RD PARTY.

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