Advisory Bodies
Has the state established an advisory body for settlement funds?
Yes. The 15-member Tennessee Opioid Abatement Council was established by state law to direct expenditures from the 70% Opioid Abatement Fund share.[1] The Abatement Council is required to create:
A list of approved abatement and remediation programs for which the council, state, and local governments may use opioid settlement funds[2]
A certification process for government entities to verify approved uses of their funds[3]
Policies to provide reasonable opportunities to receive input from “community stakeholders, local governments, state and local public health officials, public health advocates, law enforcement and judiciary representatives, opioid remediation service providers, and other parties interested and actively involved in addressing the opioid crisis and its abatement”[4]
The Abatement Council also may, but is not required to:
Create an application and certification process for counties to get permission to use funds for programs not on the Abatement Council’s list of approved programs[5]
Develop rules and time limitations on treatment using medications for opioid use disorder if the treatment is paid for with funds from the 70% Opioid Abatement Fund share.[6]
Establish the period after which funds paid to a county will revert to the Opioid Abatement Fund if not used by the county[7]
The Abatement Council must meet at least four times per year,[8] although it has typically met monthly or every other month.[9] Abatement Council meetings must comply with the state open meeting law,[10] and records created by the Abatement Council are subject to the state open records law.[11]
Is the state advisory body required to include member(s) with lived and/or living experience?
No. The state law establishing the Tennessee Opioid Abatement Council does not require the inclusion of members with lived and/or living experience.
What is the overall membership of the state advisory body?
The Tennessee Opioid Abatement Council is a 16-member body with 15 voting members and the state’s Commissioner of Mental Health and Substance Abuse Services or their designee, who serves as a non-voting member.[12] Of the 15 voting members:
Four members are appointed by the governor, including the council’s chair.
Four members are appointed by the speaker of the state senate.
Four members are appointed by the speaker of the state house of representatives.
Two members are appointed by the Tennessee County Services Association.
One member is appointed by the Tennessee Municipal League.[13]
The Abatement Council’s current members are listed here.
Qualifications: Voting members must be a Tennessee resident with expertise and at least 10 years of experience in one or more of the following areas:[14]
Public health policy
Medicine
Substance use disorder and addiction treatment
Mental health services
Drug misuse prevention programs
Drug court diversion or other programs in which people with substance use disorders interact with first responders, law enforcement, or the criminal legal system
Terms: Abatement Council members serve three-year terms.[15] Members may serve for no more than two consecutive terms but may be reappointed following a minimum two-year absence from the Abatement Council.[16]
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 Tennessee 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
Tenn. Code Ann. Secs. 33-11-103(a)-(b), 105(a). The Council is technically a 16-member body with 15 voting members and the state’s Commissioner of Mental Health and Substance Abuse Services or their designee, who serves as a non-voting member. Tenn. Code Ann. Sec. 33-11-103(b). See also Tenn. Code Ann. Secs. 9-4-1302(c) (“Any opioid abatement fund disbursements must be made at the direction of the opioid abatement council”) and 9-4-1303(c) (“To the extent not prohibited by law, the trustees shall not act contrary to the direction of the opioid abatement council and shall uphold the decisions the council renders regarding disbursement of funds from the opioid abatement fund. The trustees have only a ministerial role and not a discretionary role in the distribution of funds, as directed by the opioid abatement council”). ↑
Tenn. Code Ann. Sec. 33-11-103(s)(1). ↑
Tenn. Code Ann. Sec. 33-11-103(s)(2). ↑
Tenn. Code Ann. Sec. 33-11-105(a). ↑
Tenn. Code Ann. Sec. 33-11-103(s)(3). ↑
Tenn. Code Ann. Sec. 33-11-103(s)(4). Note that while this statutory provision refers to the “opioid treatment fund,” we believe the intent is to refer to the Opioid Abatement Fund. ↑
Tenn. Code Ann. Sec. 33-11-103(s)(5). Note that while this statutory provision refers to the “opioid treatment fund,” we believe the intent is to refer to the Opioid Abatement Fund. ↑
Tenn. Code Ann. Sec. 33-11-103(i). ↑
See Meetings. Tennessee Opioid Abatement Council website. Accessed September 1, 2024. ↑
Tenn. Code Ann. Sec. 33-11-103(j). The Tennessee open meeting law requires a governing body to hold a dedicated public comment period at each public meeting, with the public comment period being subject to “reasonable restrictions.” Tenn. Code Ann. Sec. 8-44-112(a)-(b). ↑
Tenn. Code Ann. Sec. 33-11-103(k). See also Tenn. Code Ann. Sec. 33-11-103(m) (“Written minutes covering all meetings and actions of the council shall be prepared by the director and shall be maintained by the department and open to public inspection.”) ↑
Tenn. Code Ann. Sec. 33-11-103(b). ↑
Tenn. Code Ann. Sec. 33-11-103(c)(1)-(5). ↑
Tenn. Code Ann. Sec. 33-11-103(b). ↑
Tenn. Code Ann. Sec. 33-11-103(e) ("[E]ach appointed member of the council shall serve a three-year term, with terms ending on June 30 of each year”). An Abatement Council members term is deemed to have started on July 1 of the calendar year in which they were appointed regardless of their actual appointment date, meaning that some members terms may technically exceed or fall short of 3 years. Id. The initial Abatement Council members appointed by the speaker of the state senate and speaker of the state house of representatives will serve four-year terms, while the initial Abatement Council members appointed by the Tennessee County Services Association and Tennessee Municipal League Association will serve five-year terms. Tenn. Code Ann. Sec. 33-11-103(d). ↑
Tenn. Code Ann. Sec. 33-11-103(b). ↑
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