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3. 503.02 LICENSE APPLICATION, FEE AND REQUIREMENTS; ISSUANCE AND APPEAL; DVERTISING. (j) A facility shall comply with applicable State and local laws and regulations. Comment: Sections (j)1-7 delineate the process for the issuance and revocation of a license to operate a freestanding surgical outpatient facility and the appeal mechanisms if a license is not issued or if a license is revoked. The rules look to fulfill procedural due process requirements. Mathews v. Eldridge, 424 U.S. 319 (1976)(“\[A\]llthat is necessary is that the procedures be tailored, in light of the decision to be made, to the capacities and circumstances of those who are to be heard, to insure that they are given a meaningful opportunity to present their case.” 424 U.S., at 349 (internal quotation marks and citations omitted)). (o) The use of the word "approved" or similar words by a facility is prohibited. The word "licensed" may be used by a licensed facility. (p) The use of the word “hospital” or words having similar meaning is prohibited in reference to a facility except to identify a facility owned and operated by a licensed hospital by including, if desired, the name of the parent hospital in the name or by a modifying phrase or a clause as a subtitle of the facility's name. (q) The use of the word "safe" or words of similar meaning to describe any services rendered by a freestanding surgical outpatient facility is prohibited in the absence of information about the risks associated with the procedure. Comment: There is no First Amendment bar to an ordinance that, as here, limits commercial expressions that may be misleading or connote government approval or sponsorship. Virginia State Bd. of Pharmacy v. Virginia Citizens Commercial Council, 425 U.S. 748 (1976)(The government may prohibit false, misleading or deceptive speech). The term “licensed” accurately describes the legal status of a freestanding surgical outpatient facility, whereas the term “approved” connotes governmental sponsorship of the particular services being offered. Because the government has a constitutional interest in preferring childbirth over abortion, Casey, 505 U.S., at 872, the term “approved” may mislead potential consumers of the government’s position. The term “surgical outpatient facility” as used inthis ordinance is equivalent to “ambulatory surgical facility.” Both terms have been used by various states and municipalities. See, e.g. Michigan Compiled Laws, Ch. 333 Health; Hawaii, Title 11, Ch. 95 Freestanding outpatient surgical facilities; Helen W. Wu, Emerald Montgomery, Kenneth Kizer, “A Review of Regulatory Standards, Quality of Care Concerns, and Oversight of Ambulatory Surgery Clinics, Comprehensive Outpatient Rehabilitation Facilities, and End-Stage Renal Disease Facilities,” California Department of Public Health, June 2017. 3