In this subtitle the following words have the meanings indicated. “Council” means the Opioid Restitution Fund Advisory Council. “Fund” means the Opioid Restitution Fund established under § 7–331 of the State Finance and Procurement Article.

There is an Opioid Restitution Fund Advisory Council in the Department.

The Council consists of the following members: One member of the Senate of Maryland, appointed by the President of the Senate; One member of the House of Delegates, appointed by the Speaker of the House; The Deputy Secretary for Behavioral Health, or the Deputy Secretary’s designee; The Deputy Secretary for Health Care Financing, or the Deputy Secretary’s designee; The Attorney General, or the Attorney General’s designee; The Special Secretary of Overdose Response, or the Special Secretary’s designee; Three individuals appointed by the Governor: One of whom represents a community–based opioid treatment program; One of whom represents a community–based substance use disorder and mental health treatment program; and One of whom is a public health expert engaged in harm reduction services; Three individuals appointed by the Secretary: One of whom is an individual in recovery from a substance use disorder; One of whom is a family member of an individual who has experienced an overdose; and One of whom is an individual disproportionately impacted by substance use disorders and disparities in access to care; One individual designated by the Executive Director of the Maryland Association of Counties; and One individual designated by the Executive Director of the Maryland Municipal League. Members appointed by the Governor and by the Secretary under subsection (a) of this section shall, to the extent practicable: Reflect the geographic regions of the State; Be representative of at–risk populations; and Reflect the ethnic, gender, and cultural diversity of the State. The Council shall designate a chair from among the membership of the Council. The term of a member appointed by the Governor or the Secretary under subsection (a) of this section is 2 years. The terms of the members appointed by the Governor and the Secretary under subsection (a) of this section are staggered as required by the terms provided for members of the Council on October 1, 2022. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. A member appointed by the Governor or the Secretary under subsection (a) of this section may serve for a maximum of two consecutive terms. Notwithstanding any other provisions of this subsection, all members serve at the pleasure of the Governor. A member of the Council: May not receive compensation as a member of the Council; but Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. Subject to § 7.5–904(c) of this subtitle, with the consent of the Council, the chair may designate additional individuals with relevant expertise to serve on a committee of the Council in an advisory capacity.

Subject to subsection (c) of this section, the Council may adopt procedures necessary to do business, including the creation of committees. The Council may consult with State agencies to carry out the duties of the Council. The Council shall meet at least four times a year. A majority of the voting members of the Council is a quorum. Maryland’s Office of Overdose Response shall provide appropriate staff necessary to support the functions of the Council. If required by a court or administrative order or a settlement agreement entered into by the Attorney General, the Attorney General may direct that a Council committee be formed in accordance with the requirements of the court or administrative order or settlement agreement. The Attorney General shall establish procedures for a committee formed under paragraph (1) of this subsection in order to ensure compliance with the requirements of the court or administrative order or settlement agreement. Subject to subparagraph (ii) of this paragraph, a committee formed under paragraph (1) of this subsection shall conduct only business related to the purpose of the court or administrative order or settlement agreement that required the formation of the subcommittee. A committee may conduct business related to multiple court or administrative orders or settlement agreements if the court or administrative orders or settlement agreements contain identical requirements. A committee formed under paragraph (1) of this subsection may consist only of members of the Council. Unless otherwise provided in a court or administrative order or settlement agreement, the chair of the Council, or the chair’s designee, shall be chair of a committee formed under paragraph (1) of this subsection.

On or before November 1 each year, the Council shall provide specific findings and recommendations in writing to the Governor and the Secretary regarding the allocations of money from the Fund for expenditures consistent with uses of the Fund and considering the following criteria: The number of people per capita with a substance use disorder in a jurisdiction; Disparities in access to care in a jurisdiction that may preclude persons; The number of overdose deaths per capita in a jurisdiction; The programs, services, supports, or other resources currently available to individuals with substance use disorders in a jurisdiction; and Disparities in access to care and health outcomes in a jurisdiction. Within 6 months after receiving the findings and recommendations submitted under subsection (a) of this section, the Secretary shall present to the Council the decisions for the allocations of money from the Fund. The Department shall post on the Department’s website the findings and recommendations of the Council and the decisions for the allocations of money from the Fund.