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 by  the  commissioner,  shall be the rules, regulations and  determinations of the department and, until modified or rescinded, shall  have the force  and  effect  of  law.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.