State RegulationsTX specificDifficulty 1/5
Before an insurer in Texas may subject an applicant to an AIDS-related test for underwriting purposes, what is required?
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Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
Under 28 TAC 21.704-21.705, AIDS-related testing in Texas insurance underwriting is permitted only with the applicant's written informed consent, obtained before the test is administered. The practical consequence is that the consent is a precondition, not a formality that can be supplied afterwards: a test run on the strength of the agent's verbal say-so, or on an employer's consent in a group case, is outside the rule.
Why the other options are wrong
- A) The department does not issue a per-test authorization; the applicant's written informed consent is what the rule requires.
- B) The rule requires the applicant's own written informed consent, not a verbal approval recorded by the agent.
- C) In a group case the consent must still come from the individual applicant; an employer cannot consent on an employee's behalf.
Memory hook
AIDS testing in Texas underwriting: written, informed, and obtained first.