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This entry was published on 2014-09-22
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SECTION 3308
Powers and duties of the commissioner
Public Health (PBH) CHAPTER 45, ARTICLE 33, TITLE 1
§ 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determinations of the department and, until modified or rescinded, shall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.