(a) The executive commissioner may not adopt rules restricting competitive bidding or advertising by a person regulated by the department under this chapter except to prohibit false, misleading, or deceptive practices by the person.
(b) The executive commissioner may not include in department rules to prohibit false, misleading, or deceptive practices by a person regulated by the department under this chapter a rule that:
(1) restricts the person’s 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.

(c) The department may advertise to promote awareness and use of the programs, services, and activities conducted by the department under this chapter. The department may not use money derived from state tax revenue to pay for advertisements under this subsection.