AIDS and the Law Page: 7 of 24
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A LEGAL GUIDE FOR TEXANs AFFECTED BY HIV
Can I be forced to take an HIV test?
There are situations where the law allows you to be tested without y our
consent, but they are rare. You should always contact an attorney if you
are being ask
my consent?
Under most circumstances, no. Your HIV status is confidential, and dis-
closure to others requires your consent. If you feel someone has dis-
closed your HIV status without your consent, you may have a legal
claim against that person. Contact the Texas Human Rights Foundation
or your local AIDS service agency for an attorney referral.
Once I learn 1 have HIV must I disclose that information to a sexual
partner?
You should. Once you learn you have HIV, if you fail to disclose that to
someone with whom you have sexual relations, you might be subject to
criminal charges, a civil lawsuit, or both. Talk to an attorney about this
if you have specific concerns.
INSURANCE
Can a life, health or disability insurance company require me to take a
physical examination before issuing me a policy?
Yes. The insurer may require you to be examined by a physician of the
insurer's choice.
Can the insurer require that I take an HIV test before insuring me?
Yes. Insurers may require HIV tests, as long as testing is required on a
nondiscrimination basis for all applicants in the same class. An insurer
may not, however, require an individual to take an HIV test if such
PAGE 7
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AIDS and the Law, pamphlet, Date Unknown; (https://texashistory.unt.edu/ark:/67531/metadc1457499/m1/7/: accessed June 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Special Collections.