The legislative rule filed in the State Register on April 3, 2003, authorized under the authority of §33-2-10(a) of this code, relating to standards for AIDS-related underwriting questions and AIDS testing in connection with applications for life or health insurance policies (AIDS Regulations, 114 CSR 27) is authorized with the following amendment:
"5.9. The testing is required to be administered on a nondiscriminatory basis for all individuals in the same underwriting class. No proposed insured may be denied coverage or rated a substandard risk on the basis of HIV testing unless acceptable testing protocol is followed including the use of FDA-licensed tests. The following is the acceptable HIV testing protocol for use in this state:
a. An initial enzyme linked immunosorbent assay (ELISA) test is administered to the proposed insured, and it indicates the presence of HIV antibodies; and
b. A second ELISA test is administered and it indicates the presence of HIV; and
c. A Western Blot test is conducted and it confirms the results of the two ELISA tests.
5.10. If any of the tests in the ELISA-ELISA-Western Blot series produce confirmatory test produces a negative result, the testing ceases and the proposed insured cannot be denied coverage based on AIDS-related testing.
For Example: If the initial ELISA test yields a negative result, the testing ceases. If the initial ELISA test yields a positive result and the subsequent ELISA test yields a negative result, the testing ceases. If both ELISA tests yield a positive result and the Western Blot test yields a negative result, for purposes of insurability, the results are negative."