Advisory Bodies

Has the state established an advisory body for settlement funds?

Yes. The Opioid Restitution Fund Advisory Council (Council) was created by state law,[1] and the 15% State Discretionary Abatement Fund and 15% state shares are subject to its recommendations.[2] The Council’s primary function is to annually submit written “findings and recommendations . . . regarding the allocations of money from the [Opioid Restitution] Fund” to the Governor and the Secretary of Health by November 1 each year.[3] In doing so, the Council must consider these criteria across jurisdictions:

• Number of people per capita with a substance use disorder (SUD)[4]

• Number of overdose deaths per capita[5]

• Currently available programs, services, and supports to individuals with SUD[6]

• Disparities in access to care and health outcomes[7]

The Governor is required by state law to consult with the Council at least twice annually to “identify recommended appropriations from the [Opioid Restitution] Fund.”[8] The Council may consult with state agencies and create committees to carry out its duties.[9]

Effective October 1, 2024:[10]

• The Secretary of Health must present decisions on allocations from the Opioid Restitution Fund to the Council within 6 months of receiving its written recommendations, and the Department of Health must publish both the Council’s recommendations and ultimate allocation decisions on the Department’s website.[11]

• The Council’s staffing and administrative support will be provided by (instead of the Opioid Operational Command Center).[12]

The Council is required to meet at least four times per year but in practice has met more frequently.[13]

Yes. The must include “an individual in recovery from a substance use disorder,”[14] as well as an “individual disproportionately impacted by substance use disorders and disparities in access to care.”[15] The Council is also required to include “a family member of an individual who has experienced an overdose.”[16]

The composition of the 14-member is defined by state law:[17]

• Member of the Maryland Senate, appointed by the Senate President[18]

• Member of the Maryland House of Delegates, appointed by the House Speaker[19]

• Deputy Secretary for Behavioral Health or their designee[20]

*The six (6) members appointed by the Governor and Secretary of Health must additionally seek to reflect Maryland’s geographic regions, represent “at- risk populations,” and reflect the “ethnic, gender, and cultural diversity of the state.”[32] Members appointed by the Governor and Secretary of Health serve two-year terms and may serve a maximum of two (2) consecutive terms.[33]

The Council’s Chair is selected from its membership,[34] and with the Council’s consent, is authorized to designate additional members “with relevant expertise” to serve on Council committees in “advisory capacity[ies].”[35] A majority of voting members constitutes a quorum,[36] and all members of the Council ultimately serve at the pleasure of the Governor.[37] Current Council members are listed .

No (up to each locality). Local governments in Maryland are not required to establish opioid settlement advisory bodies. However, localities may independently choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities. For example, Howard County created an by to help determine the county’s priorities for its opioid settlement funds.[38]

The Opioid Restitution Fund Advisory Council publishes notices of Council vacancies in the section of its . A recent notice sought “[a]n individual representing a community-based opioid treatment program.”[39]

1. Md. Health-General Code Ann. Sec. 7.5–902 ("There is an Opioid Restitution Fund Advisory Council in the Department [of Health]”). See also Md. Health-General Code Ann. Secs. 7.5-901 through 7.5-905. ↑

2. See, e.g., Opioid Restitution Fund Advisory Council (“”). Maryland’s Office of Overdose Response website. Accessed September 1, 2024. ↑

3. Md. Health-General Code Ann. Sec. 7.5-905(a). ↑