Advisory Bodies

Has the state established an advisory body for settlement funds?

Yes. Virginia state law establishes the Opioid Abatement Authority (OAA) to oversee uses of the 55% Opioid Abatement Fund share.[1] Specifically, the OAA must:[2]

• Establish criteria and procedures for awarding monies from the Opioid Abatement Fund,[3] including requirements for submitting funding requests[4]

• Evaluate funding requests and make funding awards[5]

• Evaluate the implementation and results of efforts receiving OAA support[6]

The OAA’s Board of Directors is required to meet at least once annually but has met roughly twice per year since late 2021.[7] Individual committees of the OAA (e.g., Finance Committee, Grants Committee) also meet regularly.

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

No. Virginia state law requires the Opioid Abatement Authority’s Board of Directors to include a “representative of the addiction and recovery community,” but the law does not say that person must have lived or living experience.[8]

What is the overall membership of the state advisory body?

The Opioid Abatement Authority is governed by an 11-member Board of Directors, which includes:[9]

• The Secretary of Health and Human Resources or their designee

• The Chair of the Virginia Senate Committee on Finance and Appropriations or their designee

• The Chair of the Virginia House Committee on Appropriations or their designee

• An elected member of the governing body of a local government, selected from a list of three people submitted by the Virginia Association of Counties and the Virginia Municipal League

• A representative of a community services board or behavioral health authority serving an urban or suburban region, selected from lists of three people submitted by the Virginia Association of Community Services Boards

• A representative of a community service board or behavioral health authority serving a rural region, selected from lists of three people submitted by the Virginia Association of Community Services Boards

• One sheriff of a local government, selected from a list of three people submitted by the Virginia Sheriffs’ Association

• One licensed, practicing county or city attorney, selected from a list of three people submitted by the Local Government Attorneys of Virginia

• Two medical professionals with expertise in public and behavioral health administration or opioid use disorders and their treatment

• One representative of the addiction and recovery community

All members other than the Secretary of Health and Human Resources or their designee and state legislative members are appointed by the governor.[10] The list of current members of the OAA Board of Directors is available here.

Terms: Members of the OAA Board of Directors serve four-year terms and may not serve more than two total terms.[11]

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 Virginia are not required to establish opioid settlement advisory bodies. However, localities may choose to establish 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?

Not applicable.

Citations

1. Va. Code Ann. Sec. 2.2-2366. See also Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding Sec. C(1) (VA Allocation MOU). August 20, 2021. ↑
2. Va. Code Ann. Sec. 2.2-2368. VA Allocation MOU Sec. C(3). August 20, 2021. See also Va. Code Ann. Sec. 2.2-2369 (outlining additional powers of the Opioid Abatement Authority). ↑
3. Va. Code Ann. Sec. 2.2-2368(1). See also VA Allocation MOU Sec. C(3). August 20, 2021. ↑
4. Va. Code Ann. Sec. 2.2-2368(2). See also VA Allocation MOU Sec. C(3). August 20, 2021. ↑
5. Va. Code Ann. Sec. 2.2-2368(4)-(5). See also VA Allocation MOU Sec. C(3). August 20, 2021. ↑
6. Va. Code Ann. Sec. 2.2-2368(5). See also VA Allocation MOU Sec. C(3). August 20, 2021. ↑
7. Va. Code Ann. Sec. 2.2-2367(E) ("The Board shall meet annually or more frequently at the call of the chairman”). See also VA Allocation MOU Sec. C(2)(c). August 20, 2021. Past OAA Meetings. OAA website. Accessed September 1, 2024. ↑
8. Va. Code Ann. Sec. 2.2-2367(A)(vii). ↑

9. Va. Code Ann. Sec. 2.2-2367(A). See also Virginia Allocation MOU Sec. C(2). August 20, 2021. ↑
10. Va. Code Ann. Sec. 2.2-2367(A). See also Virginia Allocation MOU Sec. C(2)(a). August 20, 2021. ↑
11. Va. Code Ann. Sec. 2.2-2367(B)(1). See also Virginia Allocation MOU Sec. C(2)(b). August 20, 2021. ↑