(a)

1. (1) A proposed insured for life or accident and health insurance or any other coverage with a company licensed under the Arkansas Insurance Code may be required to be tested for the presence of the human immunodeficiency virus (HIV).

2. (2) Requiring such testing is not unfair discrimination provided:

   1. (A) The testing is required on a nondiscriminatory basis for all individuals in the same class; and
   2. (B) No proposed insured is denied coverage or rated as substandard risk on the basis of such testing unless:

(i) An initial enzyme-linked immunosorbent assay (ELISA) test is administered to the proposed insured and it indicates the presence of HIV antibodies;

1. (ii) A second ELISA test is conducted and it indicates the presence of HIV antibodies; and

   1. (iii) A Western blot test is conducted and the results of such test are not negative.

(b)

1. (1) The Insurance Commissioner may prescribe by bulletin other tests to be used in complying with subdivision (a)(2)(B) of this section.
2. (2) These tests must be recognized by the Secretary of the Department of Health as acceptable for testing for the human immunodeficiency virus (HIV).