N.Y. Pub. Health Law § 3308

§ 3308. Powers and duties of the commissioner. 1. The commissioner,\nand any representative authorized by him, shall have the power to\nadminister oaths, compel the attendance of witnesses and the production\nof books, papers and records and to take proof and testimony concerning\nall matters within the jurisdiction of the department.\n 2. The commissioner is hereby authorized and empowered to make any\nrules, regulations and determinations which in his judgment may be\nnecessary or proper to supplement the provisions of this article to\neffectuate the purposes and intent thereof or to clarify its provisions\nso as to provide the procedure or details to secure effective and proper\nenforcement of its provisions.\n 3. No rule or regulation hereunder shall become effective unless, at\nleast twenty-one days prior to the proposed effective date, persons who\nhave conveyed to the department in writing a request to be notified of\nproposed changes and additions to the department's rules and regulations\nunder this article have been provided with the text of such proposed\nrules and regulations and have been given an opportunity to comment in\nwriting thereon.\n 4. The rules, regulations and determinations, when made and\npromulgated by the commissioner, shall be the rules, regulations and\ndeterminations of the department and, until modified or rescinded, shall\nhave the force and effect of law. It shall be the duty of the\ndepartment, to enforce all of the provisions of this article and all of\nthe rules, regulations and determinations made thereunder.\n 5. Notwithstanding any inconsistent provision of this article, the\ncommissioner in consultation with the commissioner of education is\nhereby authorized to promulgate regulations regarding the prescribing,\ndispensing, use and transmission of electronic prescriptions, which may\nbe prescribed and dispensed in lieu of an official New York state\nprescription.\n 6. The commissioner in consultation with the commissioner of education\nis hereby authorized to promulgate regulations regarding the dispensing\nof out-of-state prescriptions.\n