2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 32 - Opioid Overdose Treatment and Prevention › Subchapter II - Opioid Litigation Proceeds › § 7–3212. Opioid Abatement Advisory Commission

§ 7–3212. Opioid Abatement Advisory Commission.
(a) There is established an Opioid Abatement Advisory Commission.
(b) The purpose of the Commission shall be to:
(1) Ensure that the monies the District receives and deposits into the Fund are appropriately expended on evidence-based and evidence-informed harm reduction, prevention, recovery, and treatment activities, practices, programs, services, supports, and strategies for opioid use disorder and co-occurring substance use and mental health disorders;
(2) Prioritize and facilitate public involvement, accountability, and transparency in allocating and accounting for these monies; and
(3) Ensure that the monies the District receives and deposits into the Fund have the effect of preventing, treating, and reducing opioid use disorder and co-occurring substance use and mental health disorders and reducing fatalities.
(c) The Commission shall be composed of 21 members, or the member's designee, as follows:
(1) The Director of the Department of Behavioral Health;
(2) The Director of the Department of Health;
(3) The Director of the Department of Health Care Finance;
(4) The Deputy Mayor for Health and Human Services;
(5) The Deputy Mayor for Public Safety and Justice;
(6) The Chief Medical Examiner;
(7) The Attorney General;
(8) The Chairperson of the Council committee with jurisdiction over health matters;
(9) Five members appointed by the Mayor, with the following qualifications:
(A) One member with experience in providing prevention, recovery, treatment, or harm reduction services for opioid use disorder and co-occurring substance use and mental health disorders;
(B) Two members, respectively, with professional expertise and educational backgrounds in:
(i) Medicine; and
(ii) Mental health services;
(C) One member who has experienced opioid use disorder and co-occurring substance use and mental health disorders and recovery; and
(D) One family member of a person or decedent who experienced opioid use disorder and co-occurring substance use and mental health disorders;
(10) One representative each from the:
(A) District of Columbia Behavioral Health Association;
(B) Medical Society of the District of Columbia;
(C) District of Columbia Primary Care Association; and
(D) District of Columbia Hospital Association; and
(11) Four members appointed by the Chairman of the Council, with the following qualifications:
(A) Two members with current experience as direct service providers of prevention, recovery, treatment, or harm reduction services for opioid use disorder and co-occurring substance use and mental health disorders;
(B) One member with professional expertise and an educational background in public health policy or research; and
(C) One member who has experienced opioid use disorder and co-occurring substance use and mental health disorders and recovery.
(d) The Commission shall elect a Chair from among its members.
(e)(1) Each member appointed pursuant to subsection (c)(9) and (11) of this section shall serve a 3-year term; except, that:
(A) Of the Mayor's initial appointments, 2 members shall be appointed for terms of one year, and 2 members shall be appointed for terms of 2 years; and
(B) Of the Council's initial appointments, one member shall be appointed for a term of one year, and 2 members shall be appointed for terms of 2 years.
(2) Members shall serve:
(A) Following the expiration of their terms until their successors have been appointed;
(B) For a maximum of 2 full terms, with partial term service not counted toward this maximum; and
(C) Without compensation; provided, that they shall be reimbursed for necessary expenses incurred in carrying out Commission duties.
(3) Vacancies shall be filled in the same manner as the original appointment for the remainder of the term.
(f) The Commission shall hold public meetings at least quarterly, with meetings called by the Chair or a majority of Commission members. All Commission meetings shall be subject to subchapter IV of Chapter 5 of Title 2.
(g) A majority of the Commission's members shall constitute a quorum, and actions of the Commission shall be taken by an affirmative vote of a majority of the members in attendance at a meeting where a quorum is present. Members may attend in person or remotely through audio or audiovisual means.
(h) The Commission shall have the power and duty to:
(1) Establish procedures for the Commission's operations; and
(2) Make recommendations to the Mayor and Council regarding:
(A) District-wide goals, objectives, and performance indicators relating to:
(i) Prevention, recovery, treatment, and harm reduction infrastructure, activities, practices, programs, services, supports, and strategies for opioid use disorder and co-occurring substance use and mental health disorders;
(ii) Reducing disparities in access to prevention, recovery, treatment, and harm reduction infrastructure, activities, practices, programs, services, supports, and strategies; and
(iii) Improving outcomes and reducing mortality in traditionally underserved populations, including for communities of color and current or formerly incarcerated individuals, with regard to prevention, recovery, treatment, and harm reduction infrastructure, activities, practices, programs, services, supports, and strategies;
(B) Governing principles, policies, and procedures for the application for and awarding of monies and grants from the Fund;
(C) Awards of monies and grants from the Fund;
(D) The performance and outcomes of Fund awardees and grantees;
(E) Management of the Fund; and
(F) Any changes to the Fund's purposes.
(i) The Commission's recommendations for the awarding of monies and grants pursuant to subsection (h)(2)(C) of this section shall include the consideration of:
(1) The number of individuals, per capita, with an opioid use disorder, and the number of overdose deaths per capita, in the area that a prospective awardee or grantee seeks to serve;
(2) Disparities in access to care and health outcomes in the area that a prospective awardee or grantee seeks to serve; and
(3) The infrastructure, activities, practices, programs, services, supports, and strategies currently available to individuals with an opioid use disorder in an area that a prospective awardee or grantee seeks to serve.
(Mar. 10, 2023, D.C. Law 24-315, § 102, 70 DCR 838.)
Applicability
Section 8(a) of D.C. Law 25-48 repealed, on a temporary basis, section 301 of D.C. Law 24-315 removing the applicability provision impacting this section. Therefore the creation of this section by section 101 of Law 24-315 has been implemented.
Applicability of D.C. Law 24-315: § 301 of D.C. Law 24-315 provided that the creation of this section by § 102 of D.C. Law 24-315 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.