Submissions Open For Kids Kick Opioids Contest

Friday, May 3 is the deadline for the West Virginia Attorney General’s 8th Annual Kids Kick Opioids contest.

The deadline for a statewide student art competition focused on opioid awareness is quickly approaching. Friday, May 3 is the deadline for the West Virginia Attorney General’s 8th Annual Kids Kick Opioids contest.

The contest provides an opportunity for students to learn about the dangers and consequences of prescription painkiller abuse, as well as an outlet to share personal experiences of how opioid dependence has impacted their lives and that of their loved ones.

Last year’s contest received more than 2,000 entries from students at 66 middle and elementary schools across West Virginia.

Students can work individually or in groups. Submissions may include drawings, poems, letters or anything that would promote awareness.

The winning entry will appear as a statewide newspaper public service announcement. Regional winners will be displayed in the State Capitol.

W.Va. First Foundation Picks Director

West Virginia Attorney General Patrick Morrisey named Johnathan Board as the executive director of the West Virginia First Foundation (WVFF). 

The state foundation that will distribute nearly $1 billion in opioid settlement money finally has a director. 

West Virginia Attorney General Patrick Morrisey named Johnathan Board as the executive director of the West Virginia First Foundation (WVFF). 

“As neighbors, we recognize when there’s a problem in one place of the state, it’s a problem in another place,” he said. “And West Virginians are very good neighbors. And so we’re privileged to look out for each other.”

Board’s background includes external and governmental affairs, program management and substance use disorder (SUD) policy, financial oversight and fundraising. 

He has served in many capacities as executive director, CEO, director and chairman of the board of businesses and nonprofits, most recently serving as vice president of external affairs for Vandalia Health.

Board graduated with a law degree from West Virginia University (WVU) in 2009 and holds a Bachelor of Science degree from Fairmont State University, 2004.

The WVFF board consists of 11 members — six elected by each region and five appointed by the governor. Board will run the day to day operations of the foundation.

“This is a major step toward healing the battered communities in this state caused by the opioid epidemic,” Morrisey said. “I am confident that with Jonathan’s expertise and dedication to this cause, our mission to heal the wounds of the past is on solid ground.”

Through settlements from various lawsuits with opioid manufacturers and distributors, West Virginia stands to gain about $1 billion over the next 10 to 15 years to be spent for recovery and prevention programs.

To ensure the money is used correctly, the West Virginia Legislature created the West Virginia First Foundation to distribute those settlement funds.

The foundation will handle 72.5 percent of the state’s settlement funds, while 24.5 percent will go to local governments. The remaining 3 percent will be held by the state in escrow to cover any outstanding attorney’s fees.

Board was previously elected to the WVFF to represent Region 4. That region includes Barbour, Braxton, Doddridge, Gilmer, Harrison, Lewis, Marion, Monongalia, Preston, Randolph, Taylor, Tucker and Upshur counties. That region will now have to pick a new representative. 

He was planning to run for the state Senate as well, but his campaign website consists of a letter announcing that he is suspending his campaign.

Morrisey Partners With State Auditor To Ensure Proper Local Spending Of Opioid Funds

West Virginia Attorney General Patrick Morrisey announced a partnership with the state Auditor’s Office to supplement efforts to ensure opioid settlement money will be used for its intended purposes as outlined in the West Virginia First Foundation Memorandum of Understanding.

To make sure opioid settlement money is being used for its intended purpose, local governments will have additional resources from the West Virginia State Auditor’s office.

West Virginia Attorney General Patrick Morrisey announced a partnership with the state Auditor’s Office to supplement efforts to ensure opioid settlement money will be used for its intended purposes as outlined in the West Virginia First Foundation Memorandum of Understanding (MOU).

The MOU created a plan of action to address the opioid crisis and details the allocation method for any settlement funds or judgments received as a result of the various lawsuits against opioid manufacturers, distributors and other parties in the pharmaceutical supply chain.

The West Virginia First Foundation will handle 72.5 percent of the state’s settlement funds, while 24.5 percent will go to local governments. The remaining three percent will be held by the state in escrow to cover any outstanding attorney’s fees.

Morrisey and Auditor J.B. McCuskey are sending letters to cities and counties to provide information and guidance as they begin to receive and plan to spend their share of the opioid settlement money.

“This is another layer in the checks and balances to make sure the money from settlements are used in the best possible way, to attack the opioid scourge head-on,” Morrisey said. “I am pleased to partner with the State Auditor’s Office to bring its proven track record of transparency, accountability, and service to local governments to amplify the collaborative effort between the Attorney General’s Office and local governments around the state.”

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Charleston Area Medical Center and Marshall Health.

NCAA Athletes Who’ve Transferred Multiple Times Can Play Through Spring Semester, Judge Rules

College athletes who have transferred multiple times but were denied the chance to compete immediately can play through the remainder of the academic year, a federal judge ruled Monday.

College athletes who have transferred multiple times but were denied the chance to compete immediately can play through the remainder of the academic year, a federal judge ruled Monday.

U.S. District Judge John Preston Bailey in West Virginia made the ruling on a motion filed Friday by the NCAA and a coalition of states suing the organization. Preston extended a temporary restraining order he had issued last Wednesday barring the NCAA from enforcing its transfer rule for 14 days.

The earlier ruling had opened a small window for multiple-transfer athletes to compete. But that window was extended by Monday’s decision, which converts the restraining order into a preliminary injunction. Bailey also canceled a previously scheduled Dec. 27 hearing and said the case would be set for trial no sooner than the last day of competition in the winter and spring sports seasons.

“This is a great day for student athletes — they will finally be able to compete in the sport they love,” West Virginia Attorney General Patrick Morrisey said in a statement. “It’s the right thing to do and I couldn’t be more pleased with the outcome.”

Friday’s motion came after the NCAA had circulated a document to its member schools clarifying that the redshirt rule for athletes would still apply if the court’s restraining order was reversed: Basketball players who compete even in one game would be using up a season of eligibility.

Several multiple-transfer men’s basketball players competed in games over the weekend, including West Virginia’s Noah Farrakhan, Cincinnati’s Jamille Reynolds and UT Arlington’s Phillip Russell.

The lawsuit, which alleges the NCAA transfer rule’s waiver process violates federal antitrust law, could have a profound impact on college sports if successful. In court documents, the NCAA has said the plaintiffs “seek to remake collegiate athletics and replace it with a system of perpetual and unchecked free agency.

NCAA rules allow underclassmen to transfer once without having to sit out a year. But an additional transfer as an undergraduate generally requires the NCAA to grant a waiver allowing the athlete to compete immediately. Without it, the athlete would have to sit out for a year at the new school.

Last January, the NCAA implemented stricter guidelines for granting those waivers on a case-by-case basis.

“I hope this is the beginning of real change within the NCAA,” Morrisey said. “We have to put the well-being of student athletes — physical, mental, academic and emotional — first. The NCAA needs to enact consistent, logical and defensible rules that are fair and equitable for everyone.”

The states involved in the lawsuit are Colorado, Illinois, New York, North Carolina, Ohio, Tennessee and West Virginia.

AG’s Holiday Consumer Protection Week Warns Against Scams  

With the Christmas shopping season now in full swing, Attorney General Patrick Morrisey is advising caution around credit card offers, package deliveries and even donating to charity.

The Attorney General is warning West Virginians to be on the lookout for scams and fraud that increase during the holiday season as part of the Holiday Consumer Protection Week.

With the Christmas shopping season now in full swing, Attorney General Patrick Morrisey is advising caution around credit card offers, package deliveries and even donating to charity.

John Mangalonzo, press secretary to the attorney general’s office, said the attorney general’s office has shared tips around this time for years.

“People are shopping, either online, or the brick-and-mortar places,” he said. “There’s going to be a lot of transactions, cash, credit cards, gift cards, and what have you. Just kind of a quick reminder for our consumers to be careful, especially during the holiday season.”

The attorney general’s office advises that while it may be tempting to take advantage of the “buy now, pay later” of increased credit card offers during this time of year, it’s important to verify the credit card offer is legitimate. Similarly, the office urges West Virginians to verify charities before giving.

“It’s just the holiday spirit, people are giving during this time of year,” Mangalonzo said. “Some may go through charities, but before donating, just make sure that the actual money that you’re giving went to support that specific charity, make sure that it’s legit.”

Mangalonzo said scammers may use the name of a legitimate charity to garner donations from the unsuspecting.

“Go to the Secretary of State’s website to see if the charities registered to solicit donations in the state because you may find charities can be legitimate, but it’s being used by bad actors and come to find out they’re not actually registered,” he said.

Other warnings put out this week include being wary of “porch pirates” during the time of increased deliveries, as well as watching out for older relatives that may be victims of “grandparent scams.”

Scammers have been known to call senior citizens pretending to be their grandchild. Others claim to be law enforcement with news about a loved one. They often indicate the grandchild in question is in another state or country and in dire need of money due to an emergency. 

Mangalonzo said West Virginians should enjoy the holiday season but be aware and understand that things may still happen. If things do go wrong, he says help is available.

“If you believe that you may have been a victim of a scam or something like that, just feel free to contact our office, our Consumer Protection Division, that number is 800-368-8808,” Mangalonzo said. “There’s going to be people over there that will guide you through the process and give you some advice.”

Appeal Filed In Abortion Pill Court Battle

The lawsuit claimed that Morrisey violated federal law, more specifically the commerce clause of the U.S Constitution, by prohibiting the sale of the drug in West Virginia.

Abortion pill manufacturer GenBioPro has filed an appeal to the judge’s August ruling in its case against West Virginia’s near-total abortion ban. 

In his ruling, U.S. District Court Judge Robert Chambers dismissed some claims filed by pharmaceutical group GenBioPro in a lawsuit against the state’s attorney general, Patrick Morrisey.

GenBioPro manufactures a generic version of Mifepristone, an FDA approved, non-invasive prescription pill. The medication is used in conjunction with Misoprostol for medical abortions and can be taken at home to terminate a pregnancy.

The lawsuit claimed that Morrisey violated federal law, more specifically the commerce clause of the U.S Constitution, by prohibiting the sale of the drug in West Virginia.

The clause gives Congress broad power to regulate and restrict states from impairing interstate commerce. However, Chambers, who presides over the southern district of West Virginia, said states have the right to regulate public health and morality by curtailing the sale of goods.

The court earlier ruled that GenBioPro had legal standing to bring a suit against the attorney general’s office on the basis of economic damages incurred by the company. 

West Virginia Attorney General Patrick Morrisey said his office stands ready to fight an appeal and that the judge’s former ruling made it clear the regulation of abortion falls on the states.

“As we did in federal district court, we stand ready to defend West Virginia law to the fullest,” Morrisey said. “There’s no doubt in my mind the new Unborn Child Protection Act is not preempted by federal law and that all of these statutes are constitutional.”

Skye Perryman, Legal Counsel to GenBioPro and President and CEO of Democracy Forward, said this appeal is a critical next step in her organization’s fight to protect access to medication abortion.

“West Virginia’s decision to step in where Congress has granted FDA the authority to regulate mifepristone is unlawful and could undermine not only access to medication, but the country’s entire drug regulation system,” Perryman said. “What’s more, decades of science support mifepristone’s safety and efficacy and it is unacceptable that people living in West Virginia who need this basic health care are being forced to travel out of state or forgo care altogether. We look forward to continuing to represent GenBioPro in the further stages of this case.”

According to Morrisey’s office, in August, the district court dismissed the preemption claim against the state’s Unborn Child Protection Act and the constitutional challenges entirely, but it allowed the preemption challenge to the telehealth provisions to proceed.

Morrisey said GenBioPro removed the telehealth challenge in order to proceed with an appeal.

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