2023 Delaware Code › Title 18 - Insurance Code › Chapter 67B. Line-of-Duty Disability Policies for Certain Emergency Responders › § 6701B. Definitions.

§ 6701B. Definitions.
As used in this chapter, the following words and terms have the following meanings:
(1) “Active” means either of the following:
a. A paid service member who has worked at least 1,250 hours within the previous 12-month period.
b. A volunteer member with active status as defined by his or her individual fire or emergency service company.
(2) “Advanced-stage cancer” means a diagnosis by a board certified physician in the medical specialty appropriate for the type of cancer diagnosed that there are 1 or more malignant tumors characterized by the uncontrollable and abnormal growth and spread of malignant cells with invasion of normal tissue and that there is metastasis and:
a. Surgery, radiotherapy, or chemotherapy is medically necessary; or
b. There is a tumor of the prostate, provided that it is treated with radical prostatectomy or external beam therapy; or
c. The member has terminal cancer, their life expectancy is 24 months or less from the date of diagnosis, and will not benefit from, or has exhausted, curative therapy.
(3) “Cancer” means a malignant tumor characterized by the uncontrolled and abnormal growth and spread of malignant cells and invasion of normal tissue. This includes bladder, blood, brain, breast, cervical, esophageal, intestinal, kidney, lymphatic, lung, prostate, rectal, respiratory tract, skin, testicular, and thyroid cancer; leukemia, multiple myeloma; or non-Hodgkin's lymphoma.
(4) “Early-stage cancer” means a diagnosis by a board certified physician in the medical specialty appropriate for the type of cancer involved in that:
a. There is carcinoma in situ such that surgery, radiotherapy, or chemotherapy has been determined to be medically necessary;
b. There are malignant tumors which are treated by endoscopic procedures alone; or
c. There are malignant melanomas.
(5) “Emergency medical technician” (“EMT”) means a person trained, and currently certified by the State Fire Prevention Commission, in emergency medical care procedures through a course that meets the objectives of the national scope of practice and maintains Delaware certification, who is faithfully and actually performing service in the State.
(6) “Faithful and actual service” (or any derivative thereof) means participation in the activities of a legally organized volunteer fire, ambulance, or emergency medical service department or company, fire school, or State Fire Marshal, or fire police or paramedic service.
(7) “Fire company” means a company in the State comprised of volunteer firefighters, fire police, paid employees of volunteer fire companies, volunteer ambulance companies, volunteer ambulance company members, paid employees of volunteer ambulance companies, and firefighters who are a part of an all-paid force.
(8) “Fire department” means a department in the State comprised of volunteer firefighters, fire police, paid employees of volunteer fire companies, volunteer ambulance companies, volunteer ambulance company members, paid employees of volunteer ambulance companies, and firefighters who are a part of an all-paid force.
(9) “Fire instructor” means an individual who actively teaches and holds a certificate to teach firefighter training courses, issued by and employed by the Delaware State Fire School.
(10) “Fire marshal” means a person who is an official responsible for enforcing fire regulations or investigating fires in the State under § 6612 of Title 16.
(11) “Fire police” means a member of a fire company who has taken the oath to perform police duties at fires, fire drills, and any emergencies or functions covered by the fire company.
(12) “Fit test” means the self-contained breathing apparatus fit test conducted yearly pursuant to requirements of 29 CFR § 1910.134 for an immediately dangerous to life and health atmosphere.
(13) “Paid firefighter” means a person who has been approved by the Delaware Fire School as a firefighter, as evidenced by an annual fit test, and who is faithfully and actually performing service in the protection of life and property from fire or other emergency, accident, or calamity in connection with which the service of the fire department or company is required.
(14) “Paramedic” means a person who is employed by a county paramedic service as defined in § 9802(7) of Title 16, has been approved by the National Registry of Emergency Medical Technicians or the Commission on Accreditation of Allied Health Education Programs (CAAHEP), maintains Delaware certification, and is faithfully and actually performing service in the State.
(15) “Policy” means a contract between the insurer and the insured which determines the claims which the insurer is legally required to pay based on the benefits outlined in § 6702B of this title.
(16) “Total disability” means a disability caused by cancer, that prevents an eligible member from being able to perform the substantial and material duties under the class in which they have applied for the benefits.
(17) “Volunteer firefighter” means a firefighter who is faithfully and actually performing service in the protection of life and property from fire or other emergency, accident, or calamity in connection with which the service of the fire department or company is required.
(18) “Years of service” means the years that the active member serves. If the active member serves in multiple classifications at the same time, the time will only be counted once.
83 Del. Laws, c. 123, § 1;