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Here are the entities that ultimately decide how each of Tennessee’s opioid settlement shares are spent:
70% Opioid Abatement Fund share: for the Community Funding portion of this share (65%), Tennessee Opioid Abatement Council; for the County Funding portion (35%), county officials
15% state share: Tennessee General Assembly
15% local share: local officials for counties and municipalities
The Tennessee Opioid Abatement Fund holds 70% of the state’s opioid settlement funds.[1]
Community Funding. Sixty-five percent (65%) of the Fund — or 45.5% of the state’s total — is used for statewide, regional, or local opioid abatement and remediation purposes.[2]
County Funding. Thirty-five percent (35%) of the Fund — or 24.5% of the state’s total — is allocated to participating counties according to these allocation percentages.[3] Allocation percentages are recalculated every four years.[4]
Excepting certain costs,[5] Fund monies must only be used on “[p]rospective opioid abatement and remediation” uses,[6] and funds are explicitly prohibited by state law from being used to reimburse expenses incurred prior to May 24, 2021.[7]
The 35% County Funding portion must only be spent on uses specifically approved by the Tennessee Opioid Abatement Council (OAC) or on a list of its approved programs.[8] The OAC’s list — Exhibit E (“Tennessee’s Opioid Abatement & Remediation Uses”) — has “largely adopted” the national settlement agreements’ (non-exhaustive) Exhibit E, [9] which includes prevention, harm reduction, treatment, recovery, and other strategies.
For the Community Funding portion of this share (65%), Tennessee Opioid Abatement Council decides; for the County Funding portion (35%), county officials decide.
Community Funding: OAC decides.[10] Prior to making its disbursement decisions,[11] the Tennessee Opioid Abatement Council (OAC) is required by state law to consider the Department of Mental Health and Substance Abuse Services’ needs assessment and allow public comment from community stakeholders, localities, other interested parties.[12] In September 2023, the OAC announced a competitive grant application process to distribute this share.[13]
County Funding: Counties decide (on OAC-approved strategies). Decisionmakers for the counties will ultimately decide for themselves how to spend their allocated shares on OAC-approved abatement programs.[14] Each county retains decision-making authority over its funds.[15]
Supplantation is partially prohibited (“community funding” sub-share only). The Tennessee Opioid Abatement Council’s (OAC) current grant agreement for Community Grants includes terms prohibiting supplantation uses of awarded settlement funds.[16] This means that sixty-five percent (65%) of the Opioid Abatement Fund — or 45.5% of the state’s total opioid settlement funds — is attached to a bar against supplantation.[17]
However, neither Tennessee state law nor the Tennessee State-Subdivision Opioid Abatement Agreement contain a general prohibition against supplantation uses of its opioid settlement funds,[18] and the current Letter of Agreement between the OAC and counties also does not address supplantation.[19] This means that the 35% of funds in the Opioid Abatement Fund allocated to counties — 24.5% of the state’s total settlement funds — may be spent in ways that replace (or “supplant”) — rather than supplement, existing resources.[20]
Yes (no public reporting required, only intrastate). View Community Funding awardees here. View County Funding semiannual reports here. Tennessee law requires the OAC to submit a report on expenditures from this share to the governor and legislative leadership each year.[21]
Visit OpioidSettlementTracker.com’s Expenditure Report Tracker for an updated collection of states’ and localities’ available expenditure reports.
Not applicable.
Tenn. Code Ann. Sec. 9-4-1301(a) (“The opioid abatement fund is established and funded pursuant to this part”).
Tennessee State-Subdivision Opioid Abatement Agreement with 2023 Amendments (Agreement) III.D(1) (“The 70% Abatement Accounts Fund shall be directed to the Tennessee Opioid Abatement Fund”). Amendments to this Agreement in 2023 applied its terms to the settlements with Allergan, Teva, CVS, Walgreens, and Walmart. ↑
Tenn. Code Ann. Sec. 33-11-103(p). ↑
See also Agreement Exhibit A, Sec. F and Attachments D and E from Tennessee Opioid Settlements Guide for Local Governments. Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024. See Tenn. Code Ann. Secs. 33-11-103(p)-(q) for requirements related to the calculation of percentage allocations to each county. For projected funding totals for each county through 2026 from this share, see Opioid Abatement Trust Funds County Payment Projections 2024-2026. Tennessee Opioid Abatement Council (OAC). Last updated February 2, 2024. Accessed August 26, 2024. ↑
Tenn. Code Ann. Secs. 33-11-103(q) and Tennessee Opioid Settlements Guide for Local Governments. Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024. ↑
Tenn. Code Ann. Secs. 9-4-1302(a)(2)-(4) (describing authorized spending on costs of administering the fund, as well as the operation and staffing of the Opioid Abatement Council ), Sec. 33-11-103(h)(3) (providing that monies from the Opioid Abatement Fund can be used to cover expenses incurred by OAC members in the performance of their duties), and Sec. 33-11-105(a) (“These disbursement directives [from the Fund] shall be limited to funding or supporting opioid abatement and remediation purposes and related administrative costs”). However, monies from the Opioid Abatement Fund may not be used for litigation costs or attorneys’ fees. Tenn. Code Ann. Sec. 9-4-1302(b). ↑
State law defines “opioid abatement and remediation purposes” as “programs, strategies, expenditures, and other actions designed to prevent and address the misuse and abuse of opioid products and treat or mitigate opioid use or related disorders or other effects of the opioid epidemic.” Tenn. Code Ann. Sec. 3-11-102(5). Outside of the minor exceptions for administrative costs associated with the administration and operation of the Fund and the OAC, monies from the Fund can only be spent on “prospective opioid abatement and remediation.” Tenn. Code Ann. Sec. 9-4-1302(a). See also Tenn. Code Ann. Sec. 33-11-105(a) (“These disbursement directives [from the Fund] shall be limited to funding or supporting opioid abatement and remediation purposes and related administrative costs”). ↑
Tenn. Code Ann. Sec. 9-4-1302(b) (“Funds in the opioid abatement fund shall not be used to reimburse expenditures incurred prior to May 24, 2021”). Cf. Agreement III.B (“money from all three sub-funds [is required] be used for ‘Opioid Remediation’ as that term is defined in those agreements. Such definitions include restitution for past abatement within the definition of remediation”). ↑
Tenn. Code Ann. Secs. 33-11-103(r)(1)-(2). See also Tenn. Code Ann. Sec. 33-11-103(s)(1) (OAC to create a list of approved programs). ↑
Tennessee Opioid Settlements Guide for Local Governments. Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024 (“[T]he Opioid Abatement Council largely adopted the list of remediation expenditures used in Exhibit E of the settlement agreements as approved expenditures for Abatement Fund disbursements to counties. (There are a few tweaks.)”). ↑
Tenn. Code Ann. Sec. 9-4-1302(c) (“Any opioid abatement fund disbursements must be made at the direction of the opioid abatement council. Except to the extent required by law, the trustees of the opioid abatement fund shall not make or refuse to make any disbursement contrary to the direction of the opioid abatement council”). See also Tenn. Code Ann. Sec. 9-4-1303(a) (describing the commissioner of finance and administration, state treasurer, and chair of the Opioid Abatement Council as trustees of the Fund), Sec. 9-4-1305(a) (requiring trustees to adopt an investment policy), and Sec. 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”). ↑
Tenn. Code Ann. Sec. 33-11-105(a) (“[T]he council shall direct the disbursement of funds held in the opioid abatement fund by decisions approved by at least a majority of the entire membership of the council”). ↑
Tenn. Code Ann. Sec. 33-11-105(a). ↑
Tennessee Opioid Abatement Council Opens Community Grant Application Portal. Department of Mental Health and Substance Abuse Services. September 1, 2023. Accessed August 26, 2024. ↑
The OAC also has “the authority to create an application and certification process” for counties interested in applying for funds for programs not in this list. Tenn. Code Ann. Sec. 33-11-103(s)(3). ↑
Tenn. Code Ann. Secs. 33-11-103(r)(1)-(2) (monies allocated to counties from the Fund must be on purposes that are “specifically approved by the council” or “included on a council list of approved programs”). See also Tenn. Code Ann. Sec. 33-11-103(s)(1) (OAC to create a list of approved programs). See also Tennessee Opioid Settlements Guide for Local Governments. Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024 (“These funds are required to be spent on future Opioid Abatement Council-approved abatement programs, but each county will control its share of the funds”) (emphasis added). The OAC may require counties’ monies to revert back to the Fund if not used within a certain amount of time. Tenn. Code Ann. Sec. 33-11-103(s)(5). The OAC also has “the authority to create an application and certification process” for counties interested in applying for funds for programs not in this list. Tenn. Code Ann. Sec. 33-11-103(s)(3). ↑
Grant Contract Between the Tennessee Opioid Abatement Council and Grantee Name Sec. A.6 (“Grantees shall seek compensation from third party payers or sources, such as Medicaid or other grant sources, prior to billing against this Grant Contract, for reimbursable services and supports delivered under this Grant Contract. Funding under this Grant Contract should not supplant other funding sources but should supplement the activities and expenses outlined in Attachment 2 that are otherwise non-reimbursable from third-party payors or sources.”) (emphasis added). Accessed September 1, 2024. Because this restriction is contained in a grant contract, it could change in future. ↑
Tenn. Code Ann. Sec. 33-11-103(p) (describing allocation). The bar against supplantation applies to the 65% Community Funding sub-share of the 70% Opioid Abatement Fund share. Sixty-five percent (65%) of 70% is 45.5%. ↑
See also Summary of 2023 Amendments to Tennessee State-Subdivision Opioid Abatement Agreement. Accessed September 1, 2024. ↑
Opioid Abatement Council FY2023 Annual Report, Attachment A. September 30, 2023. Accessed September 1, 2024. ↑
Tenn. Code Ann. Sec. 33-11-103(p) (describing allocation). See also Tennessee State-Subdivision Opioid Abatement Agreement, Exhibit A. Accessed September 1, 2024. Opioid Abatement Trust Funds Paid to Counties 2023. Opioid Abatement Council. Accessed September 1, 2024. ↑
Tenn. Code Ann. 33.11.105(b) (OAC must submit a report on or before September 30 of each year to the governor and legislative leadership that “details the total funds deposited into the opioid abatement fund, the abatement strategies funded, and any disbursement or expenses paid from the opioid abatement fund”). ↑
This share is distributed to the state’s general fund.[1]
In general, and with limited exceptions,[2] this share should be spent on the opioid remediation uses described in the national settlement agreement’s (non-exhaustive) Exhibit E,[3] which includes prevention, harm reduction, treatment, recovery, and other strategies.
Guidance from the Tennessee Attorney General states that “it is anticipated” that these funds will be used on forward-looking abatement.[4]
State legislature decides. The Tennessee General Assembly ultimately decides how to allocate this share on opioid remediation uses through the regular budgeting process.[5]
No, supplantation is not prohibited. Tennessee does not explicitly prohibit supplantation uses of settlement funds from its 15% state share. This means that the state share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.
No (neither public nor intrastate reporting required). Opioid settlement expenditures are not officially published in a centralized location for this share.
Visit OpioidSettlementTracker.com’s Expenditure Report Tracker for an updated collection of states’ and localities’ available expenditure reports.
Not applicable.
Tennessee State-Subdivision Opioid Abatement Agreement with 2023 Amendments (Agreement) III.C (“The 15% State Fund shall be directed to the State’s general fund unless directed to the Tennessee Opioid Abatement Fund by future legislation”). ↑
See, e.g., Distributor Settlement Agreement I.SS (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑
Agreement III.B (“The Distributor/J&J Settlements have provisions concerning the use of funds and those are controlling. Generally they require that money from all three sub-funds be used for ‘Opioid Remediation’ as that term is defined in those agreements”) (emphasis added) and Distributor Settlement Agreement I.SS (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑
Tennessee Opioid Settlements Guide for Local Governments. Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024 (“The State Fund is paid to the State’s General Fund and is allocated pursuant to the regular budgeting process. As with the Subdivision Fund payments, the money is to be used for opioid remediation, as that term is defined in the settlement agreements. It is anticipated that the money will be used to increase funding for future opioid abatement”). ↑
Agreement III.C (“The 15% State Fund shall be directed to the State’s general fund unless directed to the Tennessee Opioid Abatement Fund by future legislation”). See also Tennessee Opioid Settlements Guide for Local Governments. Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024 (“The State Fund is paid to the State’s General Fund and is allocated pursuant to the regular budgeting process”). ↑
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This share is distributed directly to participating cities and counties according to the default allocations in Exhibit G of the national settlements.[1] Amounts for non-litigating municipalities with populations under 30,000 are reallocated to their participating counties.[2]
This share should spent on the opioid remediation uses described in the national settlement agreement’s (non-exhaustive) Exhibit E,[3] which includes prevention, harm reduction, treatment, recovery, and other strategies. However, the MOA also provides that localities may use these funds to cover attorneys’ fees and litigation costs or as reimbursements for past remediation expenditures,[4] provided that localities report such uses to settlement administrators.[5]
Local governments decide autonomously. Decisionmakers for the counties and municipalities will ultimately decide for themselves whether and how to spend their monies on Exhibit E uses.[6]
No, supplantation is not prohibited. Tennessee does not explicitly prohibit supplantation uses of settlement funds from its 15% local share. This means that the local share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.
Up to each locality (neither public nor intrastate reporting required). Opioid settlement expenditures are not officially published in a centralized location for this share.
Visit OpioidSettlementTracker.com’s Expenditure Report Tracker for an updated collection of states’ and localities’ available expenditure reports.
Not applicable.
Tennessee State-Subdivision Opioid Abatement Agreement with 2023 Amendments (Agreement) III.E(1) (“The 15% Subdivision Fund shall generally be directed to the Subdivisions participating in the Distributor/J&J Settlements pursuant to the default provisions of those agreements, including the allocation of funds for non-litigating municipalities with populations under 10,000 to their respective counties”). ↑
Agreement III(E)(2) (“The default provisions are adjusted for non-litigating municipalities in participating counties that both (1) have populations of 10,000 to 30,000 per the 2019 U.S. Census estimate and (2) have a Subdivision Fund allocation percentage less than 0.5%. The allocations for such municipalities shall be directed to their respective counties if the county is a participating subdivision”). See also Tennessee Opioid Settlements Guide for Local Governments. Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024 (“Whether a municipality qualifies for direct payments is generally dependent on its size and litigating status. For example, all municipalities with populations of 30,000 or more are qualifying municipalities”). ↑
Agreement III.B (“The Distributor/J&J Settlements have provisions concerning the use of funds and those are controlling. Generally they require that money from all three [of Tennessee’s] sub-funds be used for ‘Opioid Remediation’ as that term is defined in those agreements”) (emphasis added) and Distributor Settlement Agreement I.SS (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑
Agreement III.B (describing that monies in all three sub-funds (including the Local Share) can be used for “‘Opioid Remediation’ as that term is defined in those agreements. Such definitions include restitution for past abatement within the definition of remediation”). See also Tennessee Opioid Settlements Guide for Local Governments. Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024 (“The allowance for Subdivision Fund payments to be used as ‘reimbursement’ for past remediation expenditures potentially provides flexibility in the use of those funds for subdivisions that have had such past expenditures[, but] the flagging of this language regarding the use of settlement funds … should not be viewed as encouraging the use of settlement payments for non-opioid abatement purposes. Given the resources needed to address the opioid crisis in the state, the Attorney General’s Office encourages subdivisions to use all funds to expand and add to remediation and abatement efforts. Under the settlement agreements, it is also possible to pay attorneys’ fees and litigation expenses from the Subdivision Fund payments, though the settlements include separate fee and costs funds so this should not be necessary”). ↑
Tennessee Opioid Settlements Guide for Local Governments. Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024 (“There is a limited reporting requirement for Subdivision Fund payments, which is being administered by the national Directing Administrator, BrownGreer. … What clearly must be reported is any expenditure for attorneys’ fees or litigation costs paid for out of the Subdivision Fund payments”). ↑
Agreement III.B (describing that monies in all three sub-funds (including the Local Share) can be used for “‘Opioid Remediation’ as that term is defined in those agreements”) and Tennessee Opioid Settlements Guide for Local Governments. Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024 (generally describing localities’ autonomy of spend and ability to spend their shares on approved uses). ↑
This Community Guide will describe how Tennessee is spending its opioid settlements, and whether Tennessee is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.
Ultimate Decisionmaker
(for 65% of this share, or 45.5% of TN’s total funds) and county officials (for 35% of this share, or 24.5% of TN’s total funds)
Local officials for counties and municipalities
Decision-making Process
The Tennessee Opioid Abatement Council decides expenditures for the 65% “Community Funding” portion of this share after considering the ’ needs assessment and allowing public comment from other stakeholders (e.g., community, service providers, and public health advocates).
County officials decide expenditures for their 35% “County” portion of this share consistent with Council-approved programs.
Tennessee General Assembly decides
Localities decide autonomously
Supplantation
Partially prohibited (“Community Funding” portion only)
Not prohibited
Not prohibited
Grant Funding
Yes. See (opportunities funded by Council-controlled 65% portion only).
Grantmaking from the 35% “” portion is up to each county (availability and processes will vary).
No
Up to each locality (availability and processes will vary)
Public Input
Yes (required).
No opportunities available (not required)
Up to each locality (not required)
Advisory Body
Yes (required). See the .
The Abatement Council is not required to include member(s) with lived and/or living experience.
No (not required)
Up to each locality (not required)
Expenditures
No public reporting required (only intrastate), but see the Tennessee Opioid Abatement Council’s , page, and page.
Neither public nor intrastate reporting required
Neither public nor intrastate reporting required
Updates
For updates on the Opioid Abatement Fund share, visit the Tennessee Opioid Abatement Council’s and for its mailing list. The Council’s page links to the state’s annual report and a page that includes information about counties’ annual payments and semiannual reports of their Opioid Abatement Fund uses.
A single resource containing updates specific to the state share updates could not be found. See the Attorney General’s general webpage.
To find updates on the local share, a good starting point is to check the websites for your board of county commissioners, city council, or local health department. (See, e.g., , , , ).
70% Opioid Abatement Fund share: Yes (required). The Tennessee Opioid Abatement Council is required to develop policies for receiving input and has included a dedicated public comment period at the end of each of its meetings,[1] typically at the end of each agenda.[2] Visit the Meetings page on the Abatement Council’s website to find upcoming meeting dates, agendas, and information about how to participate. The Abatement Council must meet at least four times per year,[3] although it has consistently met more frequently.[4] The Opioid Abatement Council also invites direct emails at Opioid.Abatement@tn.gov.[5]
Town halls. The Abatement Council hosted three town hall meetings in 2023 and plans to schedule additional meetings “annually thereafter.”[6] Future town halls will be announced on the Abatement Council’s website and via its mailing list.
15% state share: No opportunities available (not required). The state has not established recurring opportunities for the public to provide input on uses of its share.[7]
15% local share: Up to each locality (not required). Local governments are not required to seek public input on uses of their shares. However, each may choose to seek such input. Watch for opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls.
Yes. Visit this website to learn about funding opportunities from the 65% community funding sub-share overseen by the Opioid Abatement Council.[8] Local governments may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the Opioid Settlement Community Grants Portal (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations.
For updates on the Opioid Abatement Fund share, visit the Tennessee Opioid Abatement Council’s website and sign up for its mailing list. The Council’s Reports and Resources page links to the state’s annual report and a County Funding page that includes information about counties’ annual payments and semiannual reports of their Opioid Abatement Fund uses.
A single resource containing updates specific to the state share updates could not be found.[9] See the Attorney General’s general Opioid Settlements webpage for general overview information.
To find updates on the local share, a good starting point is to check the websites for your board of county commissioners, city council, or local health department. See, e.g., the opioid settlement websites maintained by Campbell County, Cocke County, and Madison County.
You can also sign up for updates from Community Education Group’s Appalachian Opioid Remediation (AOR) Database, which tracks information about the 13 states of Appalachia.
Not applicable.
Prior to making decisions about the disbursement of funds from the Opioid Abatement Fund, the Abatement Council is legally required to “allow for comment and 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,” and to “develop policies to provide reasonable opportunity to receive input from these parties.” Tenn. Code Ann. Sec. 33-11-105(a). Additionally, the Abatement Council is subject to the state’s open meeting law, which requires each public meeting to include a period for public comment. Tenn. Code Ann. Sec. 33-11-103(j), 8-44-112(a). Under the state open meeting law, a governing body may place “reasonable restrictions on the period for public comment, such as the length of the period, the number of speakers, and the length of time that each speaker will be allowed to provide comment,” and “may require a person to give notice in advance of the desire to offer comments at a meeting.” Tenn. Code Ann. Sec. 8-44-112(b). Meeting notices must include information about how an individual may indicate they wish to provide public comment at the noticed meeting. Tenn. Code Ann. Sec. 8-44-112(c). ↑
See, e.g., July 31, 2024 agenda. Opioid Abatement Council. Accessed September 1, 2024. ↑
Tenn. Code Ann. Sec. 33-11-103(i). ↑
See Meetings. Tennessee Opioid Abatement Council website. Accessed September 1, 2024. ↑
Contact Us. Opioid Abatement Council website. Accessed September 1, 2024. ↑
Opioid Abatement Council FY2023 Annual Report. September 30, 2023. Accessed September 1, 2024. ↑
If you see this change, email tips@opioidsettlementtracker.com. ↑
Community Funding. Opioid Abatement Council website. Accessed September 1, 2024. This is 65% of the 70% Opioid Abatement Fund Share, or 45.5% of the state’s total funds. ↑
If you see this change, email tips@opioidsettlementtracker.com. ↑
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]
No. The state law establishing the Tennessee Opioid Abatement Council does not require the inclusion of members with lived and/or living experience.
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]
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.
Not applicable.
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). ↑
$1.12 billion[1]
[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.
70% to the Opioid Abatement Fund, 15% to the state, and 15% to local governments
State-Local Agreements (Tennessee State-Subdivision Opioid Abatement Agreement and 2023 Amendments); Legislation (Tenn. Code Ann. Secs. 9-4-1301 through 1305 and Secs. 33-11-101 through 1106)