Advisory Bodies

Has the state established an advisory body for settlement funds?

Yes. The Idaho Behavioral Health Council (IBHC) was established by Executive Order No. 2020-04 to oversee the development of a statewide strategic plan that “ensure[s] an effective, efficient, recovery-oriented behavioral healthcare system for all Idahoans in need of those services.”[1]

Specifically, the IBHC is required by state law to meet “as necessary” to “make recommendations to the governor and the joint finance-appropriations committee as to how moneys from the state-directed opioid settlement fund should be used.”[2] The 2024-2028 Strategic Action Plan is hosted on IBHC’s website.

• Public documents. The IBHC maintains detailed public documents online, including its funding recommendations, results of its stakeholder outreach activities, and meeting materials.

• Advisory board. Executive Order No. 2020-04 also required the IBHC to create an advisory board to “assist and advise” the IBHC.[3] However, as of September 1, 2024, the advisory board’s public documents display meeting materials for 2020 and 2021 only, making it unclear whether the advisory board remains active.

Is the state advisory body required to include member(s) with lived and/or living experience?

No. The Idaho Behavioral Health Council (IBHC) is not required to include member(s) with lived and/or living experience. However, Executive Order No. 2020-04 recommends that the IBHC consider the inclusion of “[a]n adult consumer of behavioral health services” and “the [f]amily of a child consumer of behavioral health services” in its advisory board.[4] Current members of the IBHC’s advisory board are listed here.[5]

What is the overall membership of the state advisory body?

There are 13 members of the Idaho Behavioral Health Council (IBHC), about a quarter of whom represent the criminal legal system. Current IBHC members are listed here. Executive Order No. 2020-04 describes the composition and appointment of the IBHC’s following ex officio and appointed members (but does not address their term limits, if any):[6]

• Four (4) ex officio members, whose designees may serve in their place:[7]

  • Administrative Director of the State Courts

  • Director of the Idaho Department of Correction

  • Director of the Idaho Department of Health and Welfare

  • Director of the Idaho Department of Juvenile Corrections

• Three (3) governor appointees, including a representative from the Idaho Department of Education, a county elected official, and a member of the public[8]

• Two (2) appointees by the Chief Justice of the Idaho Supreme Court, including a presiding judge of a treatment court and a member of the public[9]

• Four (4) legislative representatives appointed by the majority and minority leadership of each chamber of the state legislature[10]

Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?

No (up to each locality). Local governments in Idaho are not required to establish opioid settlement advisory bodies. However, local governments may independently choose to establish such bodies to inform opioid settlement spending. For example, the city of Nampa approved a resolution to form an Opioid Settlement Advisory Group to “review proposed allocations of funds and provide feedback on important aspects to ensure prevention, education, and support to the citizens in the community.”[11]

What else should I know?

The seven public health districts, though overseen by their boards of health,[12] are also not required to create separate advisory bodies to oversee their opioid settlement-specific spend.

Citations

1. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, Sec. 1(b) (February 19, 2020). ↑
2. Idaho Code Sec. 57-825(3). ↑

3. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, Sec. 8 (February 19, 2020). ↑
4. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, Sec. 8(a)-(b) (February 19, 2020). ↑
5. 2021-2023 Strategic Action Plan Update. Idaho Behavioral Health Council. January 2024 (listing IBHC advisory board members). ↑
6. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, Sec. 4(a)-(d) (February 19, 2020). ↑
7. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, Sec. 4(a)(i)-(iv) (February 19, 2020). ↑
8. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, Sec. 4(b)(i)-(iii) (February 19, 2020). ↑
9. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, Sec. 4(c)(i)-(ii) (February 19, 2020). ↑
10. Idaho Executive Order No. 2020-04 “Creating the Idaho Behavioral Health Council”, Sec. 4(d)(i)-(iv) (February 19, 2020). ↑
11. Resolution No. 49-2022. City of Nampa, Idaho. October 17, 2022. ↑
12. Public Health Districts. Idaho Department of Health & Welfare website. Accessed September 1, 2024 (“Idaho public health districts work closely with Health and Welfare and other state and local agencies. Each district has a board of health appointed by county commissioners within that region. The districts are not part of any state agency. Each district responds to local needs to provide services that may vary from district to district, ranging from community health nursing and home health nursing to environmental health, dental hygiene, and nutrition. Many services are provided through contracts with the department”). ↑