New Jersey § 24:6e-8

§ 24:6e-8.

Notwithstanding any other law, where a different brand name or nonbrand name drug

product of the same established name shall reflect a lower cost to the consumer and

no drug product of such established name is included in the latest list of interchangeable

drug products published by the council, or where in the professional judgment of the

pharmacist there is no valid proof of efficacy for the drug product prescribed, or

the pharmacist's patient profile record discloses drug sensitivity, allergies or adverse

reactions to the drug product prescribed, or there exists a more appropriate drug

product than the drug product prescribed, a different brand name or nonbrand name

drug product shall be dispensed by the pharmacist, provided, however, that such action

by a pharmacist shall be authorized only if in each case the pharmacist notifies the

prescriber of the drug product to be dispensed and the name of the manufacturer thereof,

and receives the approval of the prescriber to substitute such drug product for the

drug product prescribed. The pharmacist shall be required to indicate on the prescription the date and time

of the prescriber's approval and whether the approval was communicated orally or in

writing.