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I don't think HIV is an "infectious disease." Is it?
Google definitions of "infectious":
1. Liable to be transmitted to people, organisms, etc., through the environment.
2. Liable to spread infection.
And if HIV isn't "infectious," I suspect it may be illegal to ask. A consultation with a lawyer who specializes in HIPPA and privacy laws could confirm one way or the other.
HIV is definitely an infectious disease. I suggest reviewing this Wikipedia article on Infectious diseases for a better understanding of the term http://en.wikipedia.org/wiki/Infectious_disease