APHSS Will Hold Meeting to Address Performer Testing, Condom Legislation

APHSS.org is calling a meeting to be held on July 10, to address performer testing, as well as issues around condom legislation.

The meeting will feature several speakers. Attendees will learn how the APHSS.org program works; how the program was developed; factual information on HIV testing from an expert; and the importance of supporting a system that upholds industry standards for self-regulation. There also will be an update on current developments with California’s condom legislation.

The meeting will take place on July 10, at 1pm PST.

The location, list of speakers and meeting agenda are as follows:

Majestic Plaza

18341 Sherman Way, Ste 207

Reseda, CA  91335

(Parking available in the back)

APHSS Program and Database Overview

• Signing up
• Performer/Producer/Clinic access
• Database Characteristics – What and Why

Legal Considerations

• HIPAA Compliance
• Producer/Director Liability

Industry Protocols

•  Tests
• Timing

Industry Actions and Protocols in the case of an HIV Positive Performer

• Clinics
• Producers
• Performers
• Agents

Mandatory Condom Regulations Update

Speakers include: Industry and workplace safety attorneys Jeffrey Douglas and Karen Tynan; Infectious Disease Specialist Dr. Peter Miao; Kink.com CEO Peter Acworth; and FSC Executive Director Diane Duke.

Producers, agents, performers and industry media are encouraged to attend. If you would like more information about attending the meeting, please contact joanne@freespeechcoalition.com.

(Photo: Some rights resreved by Floeschie)

APHSS.org Announces it Will Accept Only Aptima HIV-1RNA Qualitative Assay

Due to concerns raised by industry members, Adult Production Health & Safety Services (APHSS.org) today announces that it will accept only the Aptima HIV-1RNA Qualitative Assay test for monthly performer STI screening, effective August 31.

This action comes after interaction with industry members that have expressed concerns over the “off-label” use of the Abbot RealTime HIV 1 Assay HIV PCR test. Though recommended to APHSS.org by experts for screening purposes, the Abbot test is not FDA-approved for diagnosis of acute (early) HIV infection.

Producers approached FSC Executive Director Diane Duke with concerns over the off-label use of the Abbott test; that led to a decision to accept only the FDA-approved test.

“In our research as to the best test for the industry there were expert doctors and pathologists that preferred the Abbot test which is why we kept it on the list,” Duke reported.  “But we heard from producers and performers that they would prefer only the Aptima test.  All of the experts we spoke with said that both tests were appropriate, so Aptima it is.”

The Aptima test is FDA-approved for early diagnosis of HIV infection. It also has a 9-11 day “window period,” which shortens the time of accurate diagnosis, compared to a 14-day window for PCR-DNA tests previously used by APHSS.org and the Adult Industry Medical Healthcare (AIM) clinic.

Previously the primary resource for performer health & safety, the AIM clinic was closed in 2011, largely due to legal attacks by AIDS Healthcare Foundation. The APHSS.org program was developed to fill the void left by the AIM closure. APHSS.org upholds industry self-regulation of performer testing, and carries on with the protocols developed by the AIM clinic for handling of any STI exposure incidents that may occur on adult sets; this includes responsibility for protocols in the event of an HIV exposure, as well as any needed production moratoriums.

For more information about APHSS.org, please, visit the website or contact joanne@freespeechcoalition.com.

(Photo: Some rights reserved by Goldmun100)

Question: Why Isn’t Talent Testing Services Part of APHSS.org?

On Friday, adult trade publication XBIZ published an article entitled, “Talent Testing Service, APHSS Stuck in Stalemate Over Performer Testing.”

In that article, the CEO of Talent Testing Services Sixto Pacheco stated the testing facility’s reasons for not being involved in the APHSS performer testing program and database.

“When APHSS was formed, we were contacted by [FSC Executive Director] Diane Duke to become part of the program,” Pacheco said. “We felt at that time (and still do) that belonging to an organization that is controlled by a lobbying group was not (and still is not) in the best interest for Talent Testing Service Inc., its clients and/or stakeholders. We believe that the health testing facility should be completely unbiased and non-affiliated with any industry-related party that could cause a conflict of interest. As such we decline to be a part of this program.”

In response to the recent controversy over testing programs and protocols, FSC’s Diane Duke replied to XBIZ with the following statements:

“’After speaking with countless producers and performers, FSC agreed to organize APHSS,” Duke said. “The idea was to build on AIM’s program and learn from their mistakes. FSC understood that having many providers would make it difficult for anti-industry zealots like AHF [AIDS Healthcare Foundation] to target one facility. Talent Testing was testing some industry performers and naturally FSC contacted TTS as a potential provider.’

“Duke said that among several issues she and Pacheco discussed would be if TTS was willing to talk to FSC’s attorneys in the event that Cal/OSHA came to them demanding all patient records.

“’I made it clear that there would be no cost for speaking to the attorney, and that the purpose of the conversation would be to determine if Cal/OSHA had a right to the records,” Duke said. “I asked the question because Cal/OSHA, had in fact, demanded all of AIM’s patient records. At the time I asked Sixto the question, an injunction blocking Cal/OSHA from accessing AIM’s performer records was in force. Cal/OSHA lost the case, the injunction was made permanent and Cal/OSHA had to pay the attorney fees to ACLU who represented AIM in the case.’

“Duke said at that time Pacheco declined to speak with FSC’s attorneys in the event Cal/OSHA demanded patient records.

“’FSC takes performer privacy seriously and wanted to make sure that their patient records would not be unnecessarily compromised by anyone — including the government,” Duke said.’

“Encouraged by some industry agents to continue the conversation with TTS, FSC met with TTS a few more times in an attempt to determine if TTS met the basic requirements to be an APHSS provider,” Duke said.

“’One criterion for participation in APHSS includes the requirement that the provider have a doctor licensed in each state of service to order tests. FSC has determined that this is essential for the well-being of performers in case of positive results and is required by law in many states.

“’Last month in Miami, TTS was asked for specific assurances that it met that requirement. I formed the opinion, based upon Sixto’s response, that TTS does not meet the licensed doctor requirement of APHSS.

“‘Pacheco told XBIZ that TTS’s provider list is confidential. He also said, “Most of our associated facilities are doctor’s offices, urgent care centers and alike which have onsite medical personnel in order to perform the required services to our clientele.’

“Duke added, ‘As far as FSC being a ‘lobbying organization,’ it is indeed one of the many hats FSC wears. Our mission is to ‘lead, protect and support the growth and well-being of the adult entertainment community.’ We are proud to advocate for each and every member of this community whether it be in the halls of the Capitol in D.C. or a clinic in the San Fernando Valley. We have the industry’s back.'”

For more information about Adult Production Health & Safety Services (APHSS.org), please contact (818) 348-9373, or joanne@freespeechcoalition.com.

(Graphic: Some rights reserved by National Archives and Records Administration)

A Statement About Performer Testing From FSC Executive Director Diane Duke

Dear Adult Industry Producers and Directors,

Shy Love has called a producer meeting about performer testing to be held at Penthouse on Tuesday, June 12th. FSC has not been invited to this meeting. Based on uncountable conversations with Ms. Love, we expect her to denigrate FSC’s testing program and promote a non-APHSS testing facility. To ensure that accurate information about the APHSS program and its protocols is disseminated, below is clarification of the three most critical components in question.

First, APHSS protocols require that all tests be ordered by a medical provider licensed to practice within the state. In many states,including California and Florida, a medical provider’s involvement is required by law. Under most states’ laws,clinical laboratories must obtain a request from a health care provider and can release test results only to the health care provider who ordered the test. In addition, patients in most states do not have the right to obtain their test results directly from a clinical
laboratory.

Moreover, a performer who tests positive for a sexually transmitted infection will need treatment for that infection. Continuity of care is critical for the health and well-being of performers. APHSS providers can immediately follow up with a performer  who tests positive for Chlamydia or Gonorrhea for counseling, medical treatment,and eventually retesting.

It is highly inadvisable to rely on any testing provider which lacks a medical provider licensed by the state where the blood is being drawn. FSC can assist you in confirming whether any particular testing provider has such a licensed medical practitioner, or any other of the APHSS criteria.

Second, APHSS accepts the Aptima HIV-1RNA Qualitative Assay and the Abbot RealTime HIV 1 Assay HIV PCR tests. After considerable research and contact with infectious disease specialists,pathologists and physicians, APHSS determined that these two tests best meet the needs of our performer population. Both tests have the 9 to 11day window. The Aptima test is sanctioned by the FDA for detection and diagnosis of HIV. The Abbot test is sanctioned by the FDA to determine the viral load of HIV–the amount of the HIV virus present. While the Aptima has been FDA approved for diagnostic, the Abbot test has been identified by experts as an excellent option for the industry because of the doctor’s ability to know the value of the viral load.  The purpose of the initial HIV test is to screen for the presence of HIV, not to diagnose. If a performer tests positive, an additional diagnostic test will then be administered–regardless of the initial test’s brand.

Finally, APHSS requires all providers to enter information for APHSS performers into our availability database. FSC board members Peter Acworth (Owner and CEO of Kink.com) and Christian Mann (General Manager of Evil Angel) oversaw the design and development of the database. The database has been built with several layers of security. In order to ensure performer privacy and to comply with HIPAA regulations (federal medical privacy laws), the producer/director’s database-interface displays only a performer’s availability for work – “Available” or “Not Available.” The database’s public interface contains no personal or medical information. This system was created to enhance performer privacy and reduce producer/director liability.

APHSS was created to fill the gap left by the closure of the AIM clinic. Without a comprehensive, coordinated program that is trusted by the industry, should a performer test positive,both performers and producers are highly vulnerable. Moreover, without a highly structured and successful performer health and safety plan, the industry has no viable alternative to government regulation. Therefore, in order to maintain standards and protocols for performer safety and health and in order to reduce legal and financial liability for producers, FSC created APHSS.

We are at a critical turning point for the APHSS program. APHSS has grown a great deal, but for the program to be fully functional, we need the whole industry to stand behind APHSS. The beauty of this system is,in the event a performer turns up positive,we will have a ready-made network in place. Through this network,we can test and care for any performers that may have been exposed and isolate that exposure protecting performers and significantly shortening production shut down time. We have spent a great deal of FSC time and money to create a working program for the industry and have not received additional funding from the industry or any other entity.  Frankly,it will not make sense for FSC to expend any more of its resources if the industry is not 100 percent behind us.

We have created an excellent program – and now the ball is in your court. If producers, performers and directors are in support of FSC overseeing performer health and safety testing protocols and practices, then we need you to sign up. The alternative to FSC oversight is for producers, performers and agents to take on the responsibility of performer testing and safety-including any incidents of positive HIV tests. In our August meeting, FSC’s Board of Directors will review the program for its effectiveness and value to the industry.

If you want to ensure that APHSS will continue, sign up. Performers,directors and producers can go to APHSS.org and click “sign-up” to be led through a simple registration process. The program is currently free, but there may be a nominal cost for producers moving forward.

If you have any questions or wish to discuss the issue further,feel free to contact me at 818-348-9373 or Diane@freespeechcoalition.com.

APHSS.org Partners With St James Infirmary to Provide Performer Testing in San Francisco

Adult Production Health & Safety Services (APHSS.org) is proud to announce performer testing for industry members in the Bay Area, in partnership with local nonprofit clinic St. James Infirmary.

The announcement follows a months-long pilot program at the clinic, in which performers for Kink.com were tested regularly.

“St James has a great program that has successfully served their community for years. Adapting our protocols to their testing environment was seamless and we know that our performers will get the respect quality of care they deserve,” FSC Executive Director Diane Duke said.

Performer testing is offered at St. James on every other Monday, from 11am – 4pm, and most test results are returned within 1-3 days. The next day that testing will be available at St. James on Monday, June 18.

St. James Infirmary is a nonprofit healthcare provider for sex workers, as well as other groups, and has been serving clients since 1999 with a variety of services, including STI testing, peer counseling and various outreach programs for sex workers. Their important work has improved the lives of countless patients, in a nonjudgmental environment. The clinic is located at 1372 Mission St., in San Francisco.

“St. James Infirmary is excited to extend our peer-based, client-centered services to adult entertainment performers. This collaboration is the result of years of relationship building with the adult entertainment industry, and we look forward to continuing to provide this service to performers,” said St. James Infirmary Programs Director Stephany Ashley.

APHSS.org is administered by Free Speech Coalition, the adult industry trade association. The program, which was launched in 2011, promotes and protects policies for performer safety and upholds industry self-regulation for STI exposure protocols. For more information on APHSS.org, please, visit the website or contact joanne@freespeechcoalition.com.