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  determinations of the department and, until modified or rescinded, shall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