KRS 163.525: Telecommunications Access Program -- Distribution of specialized

telecommunications equipment -- Authority for administrative regulations.

(1) As used in this section and KRS 163.527:

(a) "Specialized telecommunications equipment" means devices such a s, but not

limited to, telecommunications devices for the deaf, amplified phones, loud

ringers, visual alert signalers, tactile signalers, captioned telephones, and

appropriate wireless devices; and

(b) "Telecommunications Access Program" means the program to furnish

specialized telecommunications equipment to deaf, hard -of-hearing, and

speech-impaired persons in order that they may have equal access to

telecommunications services through the telecommunications relay service

established pursuant to KRS 278. 548. The program shall include maintenance

and repair of the equipment.

(2) (a) On or before July 1, 1995, the Commission on the Deaf and Hard of Hearing

shall establish a program to distribute specialized telecommunications

equipment to any deaf, hard -of-hearing, or speech -impaired person qualified

to receive the equipment pursuant to subsection (3) of this section.

(b) Prior to the establishment of the Telecommunications Access Program, the

Commission on the Deaf and Hard of Hearing shall initiate an inve stigation,

conduct public hearings, and solicit the advice and counsel of deaf, hard -of-

hearing, and speech-impaired persons and the organizations serving them.

(c) The Commission on the Deaf and Hard of Hearing may contract with any

person, public, or private organization to provide part or all components of the

Telecommunications Access Program, if applicable statutory procurement

provisions are followed. The Commission on the Deaf and Hard of Hearing

may use assistance from public agencies of the state o r federal government or

from private organizations to accomplish the purposes of this section. The

Kentucky Commission on the Deaf and Hard of Hearing shall enter into

memoranda of agreement with the Public Service Commission for

coordination and oversight of funding and operations to meet the objectives of

this section and KRS 278.5499. The Commission on the Deaf and Hard of

Hearing may also enter into memoranda of agreement with other state

agencies to accomplish the purposes of this section.

(3) Factors to determine a person's eligibility to receive specialized telecommunications

equipment shall include, but not be limited to:

(a) Kentucky residency;

(b) Attainment of at least five (5) years of age; and

(c) Certification as deaf, hard of hearing, or sever ely speech -impaired by a

licensed physician, audiologist, speech pathologist, advanced practice

registered nurse, or by any other method recognized by the Commission on the

Deaf and Hard of Hearing. Certification implies that the individual cannot use

the telephone for communication without adaptive equipment.

(4) No more than one (1) piece of specialized telecommunications equipment shall be

provided to a person qualified to receive the equipment pursuant to subsection (3)

of this section. However, a malfu nctioning piece of specialized telecommunications

equipment originally distributed by the program may be returned for repair or

replacement. The Commission on the Deaf and Hard of Hearing may prioritize

distribution of the specialized telecommunications equipment on the basis of need.

(5) The Commission on the Deaf and Hard of Hearing shall establish procedures for

application and distribution of specialized telecommunications equipment by the

promulgation of administrative regulations in accordance with pr ovisions of KRS

Chapter 13A.