(a) The department may not adopt rules restricting competitive bidding or advertising by a person regulated by the department except to prohibit false, misleading, or deceptive practices by the person.
(b) The department may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the department a rule that:
(1) restricts the use of any medium for advertising;
(2) restricts the person’s personal appearance or use of the person’s voice in an advertisement;
(3) relates to the size or duration of an advertisement by the person; or
(4) restricts the person’s advertisement under a trade name.