Opioid Abatement Trust Fund Committee

3 V.I.C. § 415a — under Department of Health.

3 V.I.C. § 415a

(a) There is established an Opioid Abatement Trust Fund Committee, herein after referred to as the “Committee”.

(b) The Committee is established under the Virgin Islands Department of Health to provide recommendations to the Commissioner of Health on how the opioid abatement Funds received as a result of opioid litigation settlements and judgments are to be allocated and distributed consistent with approved uses only.

(c) The Committee shall consist of six members, five voting members and one non-voting member, who shall serve as the chairperson. The Commissioner of Health or the Commissioner’s designee shall serve as a non-voting chairperson. The voting members of the Committee are:(1) The Attorney General or the Attorney General’s designee;(2) Two members appointed by the Governor of whom one must be a resident of the district of St. Croix, and one a resident of the district of St. Thomas and St. John; and(3) Two members appointed by the President of the Legislature of whom one must be a resident of the district of St. Croix, and one a resident of the district of St. Thomas and St. John.

(1) The Attorney General or the Attorney General’s designee;

(2) Two members appointed by the Governor of whom one must be a resident of the district of St. Croix, and one a resident of the district of St. Thomas and St. John; and

(3) Two members appointed by the President of the Legislature of whom one must be a resident of the district of St. Croix, and one a resident of the district of St. Thomas and St. John.

(d) All members to the Committee shall have experience, expertise and education with respect to one or more of the following disciplines: public health policy or research, substance abuse, health care equity, criminal justice, drug policy, substance use disorders, prevention, treatment, recovery and harm reduction services, behavioral health services, public budgeting and other related disciplines to assure the effective functioning of the Committee.

(e) Three voting members of the Committee constitute a quorum. Determinations shall be made upon a majority vote.

(f) The Committee shall hold at least four meetings per year or more often upon the call of a meeting by the chair or the majority of the members of the Committee. Members may attend meetings in person, remotely by audiovisual means, or by audio-only.

(g) Each appointed member of the Committee shall serve for terms of three (3) years, and any member is eligible for reappointment. In the event of a vacancy, the original appointing authority shall appoint a new member to fulfill the remainder of the unexpired term. Any member who is appointed to the Committee may be removed by the appointing authority upon written notice to the chairperson.

(h) Committee members receive no compensation. Members must be reimbursed for their actual and necessary expenses incurred in the performance of their duties.

(i) All Committee members are subject to the Virgin Islands conflict of interest laws.

(j) The Committee has the following duties and powers:(1) Recommend and approve policies and procedures for administration of the Committee and for the application, awarding, and disbursement of monies from the Fund, to be used for the purposes set forth in 33 V.I.C. § 3100gg.(2) Make recommendations regarding specific opioid abatement priorities and expenditures for the use of opioid settlement Funds.(3) Approve awards of monies from the Fund exclusively for permissible expenditures set forth in 33 V.I.C. § 3100gg and any opioid related settlement agreement, court order or consent judgment.(4) Monitor the level of approved administrative expenses from any opioid related settlement agreement, court order, or consent judgment.(5) Recommend measurable outcomes to determine the effectiveness of Funds expended for approved opioid uses.(6) Approve suspensions of allocations of monies from the Fund to recipients found by the Committee to be substantially out of compliance with the Committee’s policies or procedures; or to have used the awards for a purpose other than an approved purpose. The Committee may resume approval of the allocations once the Committee has determined the recipient has adequately remedied the cause of the suspension;(7) Require recipients of monies from the Fund to provide an annual report to the Committee detailing the effectiveness of infrastructure, programs, services, and/or resources Funded;(8) Take all necessary actions to effectuate the purpose of this section or any settlement agreement, court order, or consent judgment; and(9) Promulgate rules and regulations necessary to implement its responsibilities under this section.

(1) Recommend and approve policies and procedures for administration of the Committee and for the application, awarding, and disbursement of monies from the Fund, to be used for the purposes set forth in 33 V.I.C. § 3100gg.

(2) Make recommendations regarding specific opioid abatement priorities and expenditures for the use of opioid settlement Funds.

(3) Approve awards of monies from the Fund exclusively for permissible expenditures set forth in 33 V.I.C. § 3100gg and any opioid related settlement agreement, court order or consent judgment.

(4) Monitor the level of approved administrative expenses from any opioid related settlement agreement, court order, or consent judgment.

(5) Recommend measurable outcomes to determine the effectiveness of Funds expended for approved opioid uses.

(6) Approve suspensions of allocations of monies from the Fund to recipients found by the Committee to be substantially out of compliance with the Committee’s policies or procedures; or to have used the awards for a purpose other than an approved purpose. The Committee may resume approval of the allocations once the Committee has determined the recipient has adequately remedied the cause of the suspension;

(7) Require recipients of monies from the Fund to provide an annual report to the Committee detailing the effectiveness of infrastructure, programs, services, and/or resources Funded;

(8) Take all necessary actions to effectuate the purpose of this section or any settlement agreement, court order, or consent judgment; and

(9) Promulgate rules and regulations necessary to implement its responsibilities under this section.

(k) The Department of Health shall provide administrative support to the Committee.

(l) Annually, no later than October 30, the Department of Health and Department of Justice shall submit a report to the Governor of the Virgin Islands and the Legislature of the Virgin Islands on the allocation of the awards approved by the Committee, and revenue and expenditures to and from the Fund. The report must also be posted on the Department of Justice and the Department of Health’s website.

(m) If any provision of this section or application thereof, to any circumstance is held invalid, the remaining provisions of this section are not affected nor diminished.