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) the testing is required on a nondiscriminatory basis for all individuals in the same class; and
(2) no proposed insured is denied coverage or rated a substandard risk on the basis of such testing unless:
(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