Advisory Bodies

Has the state established an advisory body for settlement funds?

Yes. The court order creating the Pennsylvania Opioid Misuse and Addiction Abatement Trust also establishes the requirements for its 13-member governing Board of Trustees.[1] The Trust, via the Board of Trustees, is responsible for:

• Receiving, maintaining, and investing funds until final disbursement of all settlement funds[2]

• Disbursing settlement funds to the Commonwealth Account, County Abatement Account, and Litigating Subdivision Account each year[3]

• Reviewing local government certifications that funds will be used for approved purposes[4]

• Reviewing annual spending reports from local governments to ensure compliance with settlement terms[5]

• Establishing its own operating rules and procedures[6]

• Preparing a public annual reporting and accounting[7]

The Trust also provides technical assistance to local governments regarding permissible uses of settlement funds.[8]

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

No. The court order establishing the Board of Trustees does not require the inclusion of trustees with lived and/or living experience. However, when appointing regional trustees to the Board,[9] counties are encouraged (but not required) to designate trustees from one or more “professional classifications,” including an “individual in recovery from substance use disorder.”[10]

What is the overall membership of the state advisory body?

The composition of the 13-member Board of Trustees is defined by Pennsylvania’s court order:

• A chairperson appointed by the governor, who is non-voting except in cases of a tie[11]

• Secretary of one of the Commonwealth’s health and human services agencies or their designee[12]

• Four legislative member trustees appointed by majority and minority party leaders in the Pennsylvania House and Senate[13]

• Seven regional trustees appointed by a specific list of county and city officials[14]

Current Members: Current members of the Board of Trustees are listed here.

Qualifications: Counties are “encouraged” to select trustees from one or more of these professional categories:

• County commissioner, councilmember, or executive

• Single county authority (SCA) administrator or county health commissioner
• Physician or nurse with specialized practice and training in the treatment of substance use disorders

• Certified peer support SUD treatment provider

• Licensed pharmacist

• Emergency medical service provider

• Reentry specialist or service provider

• Individual in recovery from substance use disorder

• Parent or guardian of someone who has had opioid use disorder

• Researcher with expertise in substance use from a Commonwealth college or university[15]

Terms: Legislative and regional members both serve two-year terms with varying rules on reappointment.[16] The term for a secretary of one of the Commonwealth’s health and human services agencies or their designee may not exceed eight years.[17]

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) (but see PA Opioid Misuse and Addiction Abatement Trust’s Board of Trustees). Local governments in Pennsylvania are not required to individually establish opioid settlement advisory bodies. However, localities may choose to establish their own advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities.

What else should I know?

The Trust’s FAQs also provide that counties’ “drug and alcohol offices,” or Single County Authorities, “utilize focus groups, which include individuals and families impacted by OUD, to oversee the delivery of treatment and prevention services in each county.”[18]

Citations

1. Pennsylvania Opioid Misuse and Addiction Abatement Trust Court Order (Allocation Order) Para. V(C)(1)-(9). July 12, 2022. ↑
2. Allocation Order Para. VI(A)(1). July 12, 2022. ↑
3. Allocation Order Para. VI(A)(4). July 12, 2022. ↑
4. Allocation Order Para. VI(A)(2); Exhibits 2-3 (certification forms). July 12, 2022. ↑
5. Allocation Order Para. VI(A)(3). July 12, 2022. ↑
6. Allocation Court Order Para. VI(A)(5). July 12, 2022. ↑
7. Allocation Order Para. VI(A)(6). July 12, 2022. ↑
8. The Trust makes clear that such assistance is “informational in nature and should not be considered to be deliberations, the results of deliberations or official action of the Board of Trustees or the technical advisory group.” Requests for Technical Assistance and Trust Inquiries. PA Opioid Misuse and Addiction Abatement Trust. Accessed September 1, 2024. ↑
9. Allocation Order Para. V(C)(5)(d) (“A Trustee appointed by the County Commissioners of the Five County Regions, under ¶(V)(B)(4)(c)-(g) shall be selected by a majority of votes from each County within each respective region”). July 12, 2022. ↑
10. Allocation Order Para. V(C)(6)(i). July 12, 2022. ↑
11. Allocation Order Para. V(C)(1). July 12, 2022. ↑
12. Allocation Order Para. V(C)(2). July 12, 2022. ↑
13. Allocation Para. V(C)(3)(a)-(d). July 12, 2022. ↑
14. Allocation Order Para. V(C)(4)(a)-(g). July 12, 2022. ↑
15. Allocation Order Para. V(C)(6). July 12, 2022. ↑
16. Allocation Order Para. V(C)(8)(a)-(b). July 12, 2022. ↑
17. Allocation Order Para. V(C)(8)(c). July 12, 2022. ↑
18. Frequently Asked Questions. PA Opioid Misuse and Addiction Abatement Trust (see “How can individuals and families impacted by OUD participate in the settlement fund process?”). Accessed September 1, 2024. ↑