36-673. Duties of local health departments; immunization; reimbursement; training; informed consent

A. A local health department in cooperation with each school within the county shall provide for the required immunization of pupils attending school.

B. A local health department shall provide immunizations required for school attendance at no cost to the pupil or pupil's parent, guardian or person in loco parentis. In order to receive reimbursement for the cost of the immunization from the pupil's or parent's private health insurance coverage, the local health department may enter into a contract governing the terms of reimbursement and claims with the corresponding private health care insurer. The local health department may enter into a contract with a private health care insurer on its own, in conjunction with other local health departments or through a qualified intermediary. If the local health department chooses not to contract with a private health care insurer, or does not respond to the request to contract from a private health care insurer within ninety days of the request, the insurer is not required to reimburse the local health department for the immunization. If a private health care insurer declines or does not respond to a request to contract with a local health department, with a coalition of other local health departments or through a qualified intermediary within ninety days of the request to contract, the private health care insurer must reimburse the local health department at the rate paid to an in-network provider.

C. A local health department, on request by a school nurse and approval by the school administrator, shall train and authorize the school nurse to administer required immunizations.

D. A pupil shall not be immunized without the informed consent of the parent, guardian or person in loco parentis of the pupil. A pupil who is at least eighteen years of age or is emancipated may consent to immunization.