R746-8-405. UUSF Support for Deaf, Hard of Hearing, or Severely Speech Impaired Person

  (1) This rule governs a program to provide telecommunication devices and services to qualifying deaf, hard of hearing, or severely speech impaired persons

  (2) Definitions.

  (a) "Applicant" means a person applying for:

  (i) a telecommunication device for the deaf, hard of hearing, or severely speech impaired;

  (ii) a signal device; or

  (iii) another assistive communication device.

  (b) "Audiologist" means a person who:

  (i)(A) has a master's or doctoral degree in audiology; or

  (B) is licensed in audiology in Utah; and

  (ii) holds a Certificate of Clinic Competence in Audiology from the American Speech/Language/Hearing Association or its equivalent.

  (c) "Deaf" means hearing loss that requires the use of a TDD to communicate effectively on the telephone.

  (d). "Hard of hearing" means hearing loss that requires use of a TDD to communicate effectively on the telephone.

  (e) "Otolaryngologist" means a licensed physician specializing in ear, nose, and throat medicine.

  (f) "Recipient" means a person who is approved to receive a TDD, signal device, personal communicator, or other assistive communication device.

  (g) "Speech language pathologist" means a person who:

  (i) has a master's or doctoral degree in Speech Language Pathology; and

  (ii) holds a Certificate of Clinical Competence in Speech/Language Pathology from the American Speech Language Hearing Association or its equivalent.

  (h) "Severely Speech Impaired" means a speech handicap or disorder that renders speech on an ordinary telephone unintelligible.

  (i) "Signal device" means a mechanical device that alerts a deaf, deaf-blind, or hard of hearing person of an incoming telephone call.

  (j) "Telecommunications Device for the Deaf" or "TDD" means an electrical device for use with a telephone that utilizes:

  (i) a key board;

  (ii) an acoustic coupler;

  (iii) a display screen;

  (iv) a braille display; or

  (v) a tablet device or unlocked cellular telephone that is equipped with applications that allow a user to transmit and receive messages.

  (3) Eligibility.

  (a) At a minimum, an applicant shall demonstrate that the applicant:

  (i) lives within the State of Utah;

  (ii) is

  (A) deaf;

  (B) hard of hearing; or

  (C) severely speech impaired;

  (iii)(A) receives assistance from a low-income public assistance program administered by a state agency; or

  (B) has an income of 200% of the Federal Poverty Guideline or less for the current year; and

  (iv) is able to send and receive messages with a TDD or other appropriate assistive device.

  (b) Qualification under Subsection R746-8-405(3)(a)(ii) shall be established by the certification of:

  (i) a person who is licensed to practice medicine;

  (ii) an audiologist;

  (iii) an otolaryngologist;

  (iv) a speech/language pathologist; or

  (v) qualified personnel within a state agency.

  (4) Distribution process.

  (a) If approved by the Commission to receive an assistive device, the applicant shall:

  (i) unless Subsection R746-8-405(4)(b) applies, sign an agreement and conditions of acceptance form supplied by the Commission; and

  (ii) report, as instructed by the Commission, for training and receipt of the approved device.

  (b) If the recipient is a minor or is unable to sign the agreement and conditions of acceptance form, the recipient's legal guardian may sign.

  (5) Ownership and Liability.

  (a)(i) An assistive device provided under this rule remains the property of the State of Utah.

  (ii) A recipient shall not remove an assistive device from the state of Utah for a period of time longer than 90 days unless the recipient obtains the written consent of the Commission.

  (b) A recipient shall be solely responsible for the costs of:

  (i) repair of an assistive device, other than for normal wear and tear;

  (ii) replacement of an assistive device;

  (iii) paper required by an assistive device;

  (iv) telephone and internet service; and

  (v) light bulbs required by an assistive device.

  (c) If an assistive device requires repair, the recipient shall return it to the Commission and may not make private arrangements for repair.

  (6) Termination of Use. A recipient, or if applicable, the recipient's guardian, shall return an assistive device to the Commission if the recipient:

  (a) no longer intends to reside in Utah;

  (b) becomes ineligible pursuant to R746-8-405(3); or

  (c) is notified by the Commission to return the device.