N.Y. Public Health Law § 3308: Powers and duties of the commissioner

§ 3308. Powers and duties of the commissioner. 1. The commissioner,

and any representative authorized by him, shall have the power to

administer oaths, compel the attendance of witnesses and the production

of books, papers and records and to take proof and testimony concerning

all matters within the jurisdiction of the department.

2. The commissioner is hereby authorized and empowered to make any

rules, regulations and determinations which in his judgment may be

necessary or proper to supplement the provisions of this article to

effectuate the purposes and intent thereof or to clarify its provisions

so as to provide the procedure or details to secure effective and proper

enforcement of its provisions.

3. No rule or regulation hereunder shall become effective unless, at

least twenty-one days prior to the proposed effective date, persons who

have conveyed to the department in writing a request to be notified of

proposed changes and additions to the department's rules and regulations

under this article have been provided with the text of such proposed

rules and regulations and have been given an opportunity to comment in

writing thereon.

4. The rules, regulations and determinations, when made and

promulgated by the commissioner, shall be the rules, regulations and

determinations of the department and, until modified or rescinded, shall

have the force and effect of law. It shall be the duty of the

department, to enforce all of the provisions of this article and all of

the rules, regulations and determinations made thereunder.

5. Notwithstanding any inconsistent provision of this article, the

commissioner in consultation with the commissioner of education is

hereby authorized to promulgate regulations regarding the prescribing,

dispensing, use and transmission of electronic prescriptions, which may

be prescribed and dispensed in lieu of an official New York state

prescription.

6. The commissioner in consultation with the commissioner of education

is hereby authorized to promulgate regulations regarding the dispensing

of out-of-state prescriptions.