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 Maryland’s Office of Overdose Response (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 Opioid Restitution Fund Advisory Council 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 Opioid Restitution Fund Advisory Council 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]
Deputy Secretary for Health Care Financing or their designee[21]
Maryland Attorney General or their designee[22]
The Special Secretary of Overdose Response or their designee (previously Executive Director of the Opioid Operational Command Center or their designee)[23]
Three appointments by the Governor:*
Person representing a “community-based opioid treatment program”[24]
Person representing a “community-based substance use disorder and mental health treatment program[]”[25]
Public health expert “engaged in harm reduction services”[26]
Three appointments by the Secretary of Health:*
Person in recovery from a substance use disorder[27]
Person who is a family member of an individual who has experienced an overdose[28]
Person who is “disproportionately impacted by substance use disorders and disparities in access to care”[29]
Member designated by the Executive Director of the Maryland Association of Counties[30]
Member designated by the Executive Director of the Maryland Municipal League[31]
*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 here.
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 Opioid Collaborative Community Council by executive order 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 Vacancy Announcement section of its website. A recent notice sought “[a]n individual representing a community-based opioid treatment program.”[39]
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. ↑
See, e.g., Opioid Restitution Fund Advisory Council (“Settlement Overview”). Maryland’s Office of Overdose Response website. Accessed September 1, 2024. ↑
Md. Health-General Code Ann. Sec. 7.5-905(a). ↑
Md. Health-General Code Ann. Sec. 7.5-905(a)(1). ↑
Md. Health-General Code Ann. Sec. 7.5-905(a)(3). ↑
Md. Health-General Code Ann. Sec. 7.5-905(a)(4). ↑
Md. Health-General Code Ann. Secs. 7.5-905(a)(2), (5). ↑
Md. State Finance and Procurement Code Ann. Sec. 7-331(j)(2). ↑
Md. Health-General Code Ann. Secs. 7.5-904(a)(1)-(2). ↑
See 2024 MD HB 0980 (“Public Health - Opioid Restitution Advisory Council and Fund – Revisions”). ↑
Md. Health-General Code Ann. Sec. 7.5-905(b). ↑
Md. Health-General Code Ann. Sec. 7.5-904(b). ↑
Md. Health-General Code Ann. Sec. 7.5-904(a)(3). See agendas and minutes from prior Council meetings here. ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(8)(i). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(8)(iii). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(8)(ii). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(1)-(10). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(1). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(2). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(3). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(4). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(5). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(6) as amended by 2024 MD HB 980. ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(7)(i). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(7)(ii). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(7)(iii). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(8)(i). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(8)(ii). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(8)(iii). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(9). ↑
Md. Health-General Code Ann. Sec. 7.5-903(a)(10). ↑
Md. Health-General Code Ann. Secs. 7.5-903(b)(1)-(3). ↑
Md. Health-General Code Ann. Secs. 7.5-903(d)(1)(i), (d)(2). ↑
Md. Health-General Code Ann. Sec. 7.5-903(c). ↑
Md. Health-General Code Ann. Sec. 7.5-903(f). ↑
Md. Health-General Code Ann. Sec. 7.5-904(a)(4). ↑
Md. Health-General Code Ann. Sec. 7.5-903(d)(3). ↑
Executive Order 2023-14 (“Opioid Collaborative Community Council”). County Executive of Howard County, Maryland. January 31, 2023; Opioid Collaborative Community Council. Howard County website. Accessed September 1, 2024;. See also Howard County Executive Calvin Ball Creates Opioid Collaborative Community Council; County to Receive $12.3 Million in Settlement. Howard County press release. January 31, 2023. Accessed September 1, 2024. ↑
See Opioid Restitution Fund Advisory Council (“Vacancy Announcement”). Maryland’s Office of Overdose Response website. Accessed September 1, 2024. ↑