Maryland Board of Physicians advertising rules: the 2026 guide
Maryland has a detailed physician advertising regulation. COMAR 10.32.01.13 lists nine kinds of statement a physician ad may not contain, from claims the Board cannot verify to fee quotes that leave out the cost of related services, and Health Occupations §14-503 says a physician may represent being "board certified" only if that is true and the ad names the full certifying board and the specialty.
- COMAR 10.32.01.13A says a physician may advertise. 13B lists nine kinds of statement an ad may not contain, including misrepresentations, statements the Board cannot verify, partial disclosures, statements likely to create false or unjustified expectations, and fees that leave out necessary related costs.
- 13B(6): no ads for discounted or free services if there will be an extra charge for services performed as a result of, and within 72 hours of, the initial visit, unless it is a bona fide emergency.
- Health Occupations §14-503: a physician may not claim to be board certified unless they are and they disclose the full name of the certifying board and the specialty or subspecialty. COMAR 10.32.01.13C–F add rules on specialist and subspecialty claims.
- 13G makes physicians accountable for prohibited advertising done through an agent, partnership, professional association or HMO, which includes marketing agencies.
- §14-404(a)(5) makes soliciting or advertising in violation of §14-503 a disciplinary ground, and COMAR 10.32.01.14 limits in-person, telephone and direct-mail solicitation.
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Who regulates medical advertising in Maryland
The Maryland Board of Physicians licenses MDs, DOs, physician assistants and several allied professions, and acts through disciplinary panels under Health Occupations §14-404. Dentists are regulated separately by the Maryland State Board of Dental Examiners.
Two statutory provisions anchor advertising. Health Occupations §14-503(a) says a physician may not represent to the public that they are board certified unless they are, and they disclose the full name of the board and the specialty or subspecialty. Section 14-503(b) says a physician may advertise only as permitted by the Board's rules and regulations. Section 14-404(a)(5) then makes soliciting or advertising in violation of §14-503 a ground for discipline.
The Board's regulation, COMAR 10.32.01.13, is specific. Subsection B lists nine kinds of statement an ad may not contain: (1) misrepresentations of fact; (2) statements that cannot be verified by the Board for truthfulness; (3) statements likely to mislead because they make only a partial disclosure of relevant facts; (4) statements intended or likely to create false or unjustified expectations of favorable results; (5) fees that do not include the cost of all related procedures, services and products that will substantially likely be necessary to complete the advertised service; (6) discounted or free offers where there will be an additional charge for services performed as a result of and within 72 hours of the initial visit, unless there is a bona fide emergency; (7) implications that the physician can improperly influence a public body or official; (8) representations likely to cause an ordinary prudent person to misunderstand or be deceived; and (9) offers to perform procedures that are illegal under Maryland or federal law.
The rest of the regulation fills in credentials and pricing. A physician who is not board certified, as defined in 10.32.01.02B(9) (an ABMS member board, an AOA certifying board, the Royal College of Physicians and Surgeons of Canada or the College of Family Physicians of Canada), may not use "board certified" or claim formal recognition as a specialist; a certified physician may not use the term for a field outside their certification; a subspecialty may be advertised if the specialty is named first; and a physician may describe a focus within their training and certification. Ads may state a price range for specific services if all relevant variables are disclosed. Subsection G makes the physician accountable for prohibited advertising done through an agent, partnership, professional association or HMO.
The Maryland rules, citation by citation
Maryland's rules are specific enough to use as a line-by-line checklist. These are the provisions that most often apply.
| Citation | What it says | What it means for your marketing |
|---|---|---|
| COMAR 10.32.01.13B(1)–(4), (8) | No misrepresentations, unverifiable statements, partial disclosures, statements creating false or unjustified expectations of favorable results, or statements likely to deceive an ordinary prudent person. | Every claim must be verifiable by the Board; outcome expectations must be realistic. |
| COMAR 10.32.01.13B(5) and H | Fees must include all related procedures, services and products substantially likely to be needed; price ranges allowed with disclosure of relevant variables. | Quote all-in prices, or a range with the variables explained. |
| COMAR 10.32.01.13B(6) | No discounted or free offers if extra charges follow for services performed as a result of, and within 72 hours of, the initial visit, except bona fide emergencies. | "Free consult" funnels must not lead to same-visit or next-day charges. |
| Health Occ. §14-503 and COMAR 10.32.01.13C–F | "Board certified" only if true and with the full board name and specialty; no specialist claims without certification; subspecialties named after the specialty; practice focus allowed within training. | Use full board names and keep specialist language inside certification. |
| COMAR 10.32.01.13G, .14, .15 | Accountable for ads done through agents; no fraudulent or overreaching solicitation; practice only under the licensed name. | Agencies' work is the physician's responsibility; brand names need Board-approved names. |
Common ad elements: allowed, restricted, risky
Maryland's list is specific, so several common creative choices are clearly in or out.
| Ad element | Status in Maryland | Practical rule |
|---|---|---|
| Unverifiable claims ("Maryland's favorite") | Prohibited | 13B(2) bars statements the Board cannot verify for truthfulness. |
| "Free consultation" leading to same-visit charges | Prohibited | 13B(6) 72-hour rule, except bona fide emergencies. |
| Starting-at prices that omit necessary costs | Prohibited | 13B(5); use all-in prices or a disclosed range (13H). |
| "Board certified" without full board name | Prohibited | Health Occ. §14-503(a). |
| Results-focused testimonials | Allowed with care | Must not create false or unjustified expectations of favorable results (13B(4)); HIPAA authorization; incentives disclosed. |
| Before-and-after photos | Allowed with care | Own patients, unedited results, realistic context, signed authorization. |
| Agency-run campaigns | Allowed with care | Physician remains accountable (13G). |
Maryland-specific points to watch
The 72-hour free-offer rule
COMAR 10.32.01.13B(6) is unusually specific: a free or discounted offer cannot lead to extra charges for services done as a result of, and within 72 hours of, the first visit, unless there is a genuine emergency.
Claims must be verifiable
13B(2) bars statements the Board cannot verify. Opinions dressed as facts, such as "most trusted" or "favorite," are hard to defend.
Your agency's ads are your ads
13G makes the physician accountable when prohibited advertising is done through an agent or entity. Approve agency creative before it runs.
All-in pricing
13B(5) requires advertised fees to include related services that are substantially likely to be needed, while 13H allows price ranges with the variables disclosed.
How federal rules layer on top
A Maryland board rule is only one layer. The same campaign also has to clear federal rules that apply in every state, and the Maryland Consumer Protection Act (Md. Code, Commercial Law §13-101 and following) can reach the same ad even when the board does not act.
- FTC Act, Section 5. Advertising may not be deceptive or unfair, and health claims need competent and reliable evidence behind them before they run.
- FTC Endorsement Guides (16 CFR Part 255). Testimonials must reflect the real experience and honest opinion of the person quoted. Free or discounted treatment, payment, employment or family ties are material connections that must be disclosed clearly. If a testimonial describes results, the FTC reads it as a claim that others can expect similar results, so you need support for that.
- FTC Rule on Consumer Reviews and Testimonials (16 CFR Part 465). In effect since October 21, 2024. It bans fake reviews and testimonials, buying reviews that are conditioned on what they say, undisclosed reviews by owners or staff, and using threats or false accusations to suppress negative reviews.
- HIPAA (45 CFR 164.508). Using a patient's information in marketing, including testimonials, photos and case stories, generally requires the patient's signed authorization. Replies to online reviews that confirm someone is a patient or discuss their care can be an impermissible disclosure, and HHS has settled enforcement cases with practices over review replies.
- TCPA (47 U.S.C. 227) and FCC rules. Marketing calls and texts sent with an autodialer or a prerecorded or artificial voice need the recipient's prior express written consent, and do-not-call rules apply.
In practice the strictest applicable rule wins. Our team reviews Maryland campaigns against the board rules above first, then against this federal layer. You can read more about how we run that review on how we work.
Compliance checklist for Maryland practices
Use this before any campaign goes live. The first items in each group come from the Maryland rules above; the rest apply to every US practice.
Website and landing pages
- Every claim is verifiable by the Board (COMAR 10.32.01.13B(2)).
- "Board certified" includes the full board name and specialty (Health Occ. §14-503).
- Every factual claim (years in practice, procedure counts, awards, credentials) has a dated source you can produce on request.
- Provider bios state the license type and any board certification, naming the certifying board.
- Before-and-after galleries use the practice's own patients, unretouched beyond lighting, each backed by a signed HIPAA authorization.
Paid search and social ads
- Free or discounted offers do not lead to extra charges within 72 hours (13B(6)).
- Prices include necessary related services, or show a range with variables (13B(5), 13H).
- Agency creative approved by the practice before launch (13G).
- Price, discount and "free" offers state their conditions in the ad or on the first page the click lands on.
- No promise of a specific outcome in headlines, extensions, thumbnails or video voice-over.
- The landing page identifies the practice entity and the clinician responsible for care.
Social media and influencers
- Paid or comped creators, patient ambassadors and staff disclose the relationship in the post itself, not only in a bio.
- Patient stories and photos are posted only with a current HIPAA marketing authorization on file.
Reviews and reputation
- Review requests go to all patients the same way; no gating, no incentives tied to positive reviews, no purchased reviews (16 CFR Part 465).
- Replies to online reviews never confirm that the reviewer is a patient or mention their care.
Records
- Keep dated copies of every ad, landing page, testimonial authorization and substantiation file, so you can answer a board inquiry quickly.
- Re-check this list whenever the Maryland board or legislature changes its rules; the sources section shows where to look.
Maryland medical advertising rules: common questions
What are the Maryland Board of Physicians' advertising rules?
COMAR 10.32.01.13 lets physicians advertise but bars nine kinds of statement, including misrepresentations, unverifiable statements, partial disclosures, statements creating false expectations, incomplete fee quotes and certain free offers. Health Occupations §14-503 governs board-certification claims.
What is Maryland's 72-hour rule for free offers?
COMAR 10.32.01.13B(6) bars ads for discounted or free services, examinations or treatments if there will be an additional charge for services performed as a result of, and within 72 hours of, the initial visit in response to the ad, unless the services result from a bona fide emergency.
How must Maryland physicians advertise board certification?
Under Health Occupations §14-503(a), only if they are board certified and they disclose the full name of the certifying board and the specialty or subspecialty. COMAR 10.32.01.02B(9) defines which boards count.
Is a Maryland physician responsible for an agency's ads?
Yes. COMAR 10.32.01.13G says a physician is accountable under the regulation if they use an agent, partnership, professional association or HMO to carry out prohibited advertising.
Can Maryland physicians advertise price ranges?
Yes. COMAR 10.32.01.13H allows a range of prices for specifically described services if reasonable disclosure of all relevant variables and considerations is made.
Is this guide legal advice for my Maryland practice?
No. It is marketing guidance written against the Maryland sources listed below as of 2026. Rules change and boards interpret them case by case, so confirm specific claims with a health care attorney licensed in Maryland or with the board before you publish.
Sources
Official Maryland sources first, then the federal rules. We read each one for this guide in 2026; check for later amendments before relying on a specific provision.
- COMAR 10.32.01.13, Advertising (Maryland Board of Physicians)
- COMAR 10.32.01.14, Solicitation
- COMAR 10.32.01.02, Definitions (including "board-certified")
- Md. Code, Health Occupations §14-503
- Md. Code, Health Occupations §14-404
- Maryland Board of Physicians
- FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255
- FTC Trade Regulation Rule on the Use of Consumer Reviews and Testimonials, 16 CFR Part 465
- HIPAA Privacy Rule, uses and disclosures requiring authorization (marketing), 45 CFR 164.508
- Telephone Consumer Protection Act, 47 U.S.C. 227
Neighboring states and related guides
Get your Maryland marketing reviewed before a complaint does it for you
A member of our Sr. Leadership team will walk through your website, ads and review replies against the Maryland rules on this page and the federal layer, and tell you what to change first. Engagements start from $499/month, custom-scoped, with Goals-Driven engagements and Performance-Linked Payout Models available. Every US client signs a Business Associate Agreement with Ichelon Consulting US.