Kentucky Administrative Regulations › Title 735 - COMMISSION ON THE DEAF AND HARD OF HEARING › Chapter 1 - Telecommunication Devices for the Deaf › Section 735 KAR 1:010 - Eligibility requirements, application and certification procedures to receive specialized telecommunications equipment for the deaf, hard of hearing, and speech impaired

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 12.290, Chapter 45A, 61.878, 163.525-163.527,
				334.010(9), 334.020,  29 U.S.C. 794, 42 U.S.C. 12101
NECESSITY, FUNCTION, AND CONFORMITY: KRS 12.290 requires each
				administrative body of state government to promulgate administrative
				regulations in compliance with federal mandates to provide accessibility to
				services by persons who are deaf or hard-of-hearing. KRS 163.525(5) requires
				the Commission on the Deaf and Hard of Hearing to promulgate administrative
				regulations to establish procedures for application for, and distribution of,
				specialized telecommunications equipment. This administrative regulation
				establishes eligibility criteria, requirements for application, and
				certification procedures.
Section 1.
			 Definitions.
(1) "Applicant" means a person
			 who applies to receive specialized telecommunications equipment under the
			 auspices of the KCDHH Telecommunications Access Program.
(2) "Application" means the current KCDHH
			 Telecommunications Access Program application entitled "Telecommunications
			 Access Program Application and Certification" available in both hardcopy and
			 electronic format.
(3) "Approved
			 date" means the date that all supporting documentation for the application is
			 received and verified by the KCDHH as complete.
(4) "APRN" means Advanced Practice Registered
			 Nurse licensed by the Kentucky Board of Nursing as defined by
			 314.011(7).
(5) "Audiologist" is
			 defined by KRS 334A.020(5), and is limited to a person licensed by the board,
			 as defined by KRS 334A.020(1).
(6)
			 "Certification" means professional verification of the extent and permanence of
			 the applicant's disability.
(7)
			 "Deaf" and "hard of hearing" are defined by KRS 163.500.
(8) "Deaf-blind" means an individual whose
			 primary disability is deafness and secondary disability is vision
			 impairment.
(9) "ENT" or
			 Otolaryngologist" means a medical professional trained in the medical and
			 surgical management of patients with diseases and disorders of the ear, nose,
			 and throat.
(10) "Fiscal
			 constraint" means when seventy-five (75) percent of annual program funds have
			 been disbursed or encumbered.
(11)
			 "Hearing instrument specialist" means "specialist in hearing instruments" as
			 defined by KRS 334.010(9).
(12)
			 "KCDHH" means the Kentucky Commission on the Deaf and Hard of Hearing, as
			 described at KRS 163.506.
(13)
			 "Physician" means a person:
(a) With a medical
			 degree;
(b) Licensed by the state
			 in which he or she practices medicine; and
(c) Recognized, by the state Board of Medical
			 Licensure in the state in which the physician practices, as a specialist in:
1. Family practice;
2. General practice;
3. Otolaryngology; or
4. Internal Medicine.
(14) "Physician Assistant
			 Certified" (PAC) means a person licensed under KRS 311.840 to
			 311.862.
(15) "Recipient" means a
			 person who receives specialized telecommunications equipment under the auspices
			 of the KCDHH Telecommunications Access Program.
(16) "Specialized telecommunications
			 equipment" or "STE" is defined by KRS 163.525(1)(a)
(17) "Speech-impaired" means a person with a
			 communication disorder such as stuttering, impaired articulation, impaired
			 language, or impaired voice that adversely affects the use of
			 telecommunications access lines.
(18) "Speech-language pathologist" is defined
			 by KRS 334A.020(3), and is limited to a person licensed by the board, as
			 defined by KRS 334A.020(1).
(19)
			 "Telecommunications Access Line" means the transmission of auditory, visual,
			 and typed communication via electronic airwaves or hard-wired
			 methods.
(20) "Telecommunications
			 Access Program" is defined by KRS 163.525(1)(b).