A proposed insured for life or health and accident insurance, or for coverage by a company licensed under Insurance Code Chapter 842, or with a licensed health maintenance organization may be required to be tested for the presence of the human immunodeficiency virus (HIV). Requiring such testing is not unfair discrimination provided:

1. (1) the testing is required on a nondiscriminatory basis for all individuals in the same class; and

2. (2) no proposed insured is denied coverage or rated a substandard risk on the basis of such testing unless:

   1. (A) an initial enzyme linked immunosorbent assay (ELISA) test is administered to the proposed insured, and it indicates the presence of HIV antibodies;
   2. (B) a second ELISA test is conducted and it indicates the presence of HIV antibodies; and
   3. (C) a Western Blot test is conducted and it confirms the results of the two ELISA tests.
3. (3) the tests and testing procedures used have been approved by the United States Food and Drug Administration (FDA) and otherwise comply with applicable Texas and federal laws.

Source Note:The provisions of this §21.705 adopted to be effective February 1, 1988, 13 TexReg 346; amended to be effective January 8, 1997, 22 TexReg 53; amended to be effective November 7, 2021, 46 TexReg 7408.