1.    As used in this section:

a.    “Department” means the department of health and human services.

b.    “North Dakota immunization advisory committee” means the group of private health care providers, local public health units, department staff, and other applicable individuals which makes immunization and vaccine selection recommendations to the North Dakota immunization program.

c.    “North Dakota immunization program” means the program administered by the department to provide vaccinations to North Dakota children consistent with state and federal law.

d.    “Program-eligible child” means any child, who is under nineteen years of age, whose custodial parent or legal guardian resides in this state.

e.    “Vaccine” means any vaccine recommended by the federal advisory committee on immunization practices of the centers for disease control and prevention.

f.    “Vaccines for children program” is a federally funded program that provides vaccines at no cost to eligible children pursuant to section 1928 of the Social Security Act [42 U.S.C. § 1396s].

2.    As part of the North Dakota immunization program:

a.    The department shall implement a provider choice system as part of the state’s implementation of the vaccines for children program. This provider choice system must provide a health care provider participating in the state’s vaccines for children program or in any other immunization program for children, adolescents, or adults which is administered through the state using federal or state funds, may select any licensed vaccine, including combination vaccines, and any dosage forms that have in effect a recommendation from the federal advisory committee on immunization practices. This subsection does not apply in the event of a shortage or delay in vaccine availability, disaster, public health emergency, terrorist attack, hostile military or paramilitary action, or extraordinary law enforcement emergency.

b.    The department may establish a program through which the department purchases vaccines through the federal vaccine purchasing contract.

(1) The department shall supply public health units with the purchased vaccines. A public health unit that receives vaccines under this subdivision shall administer the vaccines to program-eligible children.

(2) A public health unit that receives vaccines under this purchasing program may not bill an insurer for the cost of the vaccine but may charge an administration fee.

(3) The department shall fund this purchasing program through participation in the vaccines for children program, the federal section 317 vaccine program, and state funds appropriated for this purpose. If it appears there will be inadequate funds to fund this purchasing program, the department shall petition the emergency commission for a transfer from the state contingency fund. The emergency commission may grant the transfer request, or so much thereof as may be necessary, to fund this purchasing program.