APHSS Meeting with L.A. County Health Official Confirms 9 Adult Performers May Have Tested Positive for Syphilis

After a meeting yesterday with L.A. County Public Health (LACPH) officials, Free Speech Coalition Executive Director Diane Duke and Adult Production Health & Safety Services (APHSS.org) representatives have received confirmation that nine as-yet-unidentified adult performers may have tested positive for syphilis.

Dr. Peter Kerndt, who is the Director of STI Programs for the County, informed Duke of the positive test results for adult performers. However, he refused to share any of the patient information with APHSS doctors, saying only that they had been reported to the County.

Kerndt also confirmed that the point of origin for the syphilis exposures has not been identified. According to Duke, only one of the two performers confirmed as positive through APHSS is part of group of nine identified by LACPH; presumably, performer Mr. Marcus, who has since gone public with positive syphilis test results. Kerndt indicated that there were positive tests for performers that likely preceded Mr. Marcus’ positive test.

Since the other of the two positive results (confirmed by APHSS) occurred outside of the state of California this would mean that, between LACPH findings and the findings of APHSS, there could be up to ten performers total that may have tested positive for syphilis.

“This latest development only confirms the need for APHSS.org as a single, comprehensive source of performer data for adult production. Had the first performer who tested positive for syphilis been reported by their healthcare provider in a timely manner to APHSS, partner notification and positive performer separation would have occurred quickly enough to reduce the likelihood of transmission and perhaps the need for a moratorium,” Duke said after the meeting.

At one point during yesterday’s meeting, the APHSS doctor was asked by Dr. Kerndt to hand over patient records – including production records – for the two performers that tested positive for syphilis, as well as patient records for all performers that have tested and received treatment for syphilis through APHSS since the production moratorium was called. Both Duke and the APHSS doctor, present at the meeting, refused to comply with this request citing respect for patient privacy.

In line with APHSS.org protocols, as well as state and local regulations, all testing facilities affiliated with APHSS.org have and will report any positive STI test results to the county health department.

“Performer privacy is a top priority for APHSS,” Duke said. “We will cooperate as much as possible with County Health officials – but only with the permission of these affected individuals, if they would like to come forward. If those individuals choose to release their information to the County, either through their medical providers or direct communication, that is their decision. APHSS providers are expected to, and do, fulfill all reporting requirements to the County. We hope to facilitate a cooperative working environment with County health officials, but will not compromise performer patient privacy.”

(Photo: Some rights reserved by Hakan Dahlstrom)

Update on Production Moratorium, Performer Testing

As a result of a performer testing positive for syphilis, APHSS.org providers are administering the standard RPR syphilis test that is approved by the FDA for preliminary diagnosis. A negative test does NOT mean the performer is approved to work. It is important to note that this test has a large window period — as much as 90 days — and therefore cannot be relied upon to diagnose an acute (recent) syphilis infection. More importantly, a person with an acute infection can be contagious and still test negative. We cannot rely on these tests alone to determine a performer’s availability to work. This test only provides our doctors a baseline from which to base further testing or treatment options.

FSC has called a temporary moratorium on production and asks that all producers honor this moratorium.

Syphilis is easily treatable—it requires treatment with antibiotics. APHSS’ doctors network has determined that prophylactic treatment for syphilis for all performers is warranted. The shots have been ordered from the pharmacy and within the next couple of days, APHSS.org will have set up a network of medical professionals to administer the shots. Locations for performers to get the shots will be announced by tomorrow, August 21. Once the performer receives antibiotics, he or she will be available to work within 10 days.

Finally, our doctor’s network is speaking with expert microbiologists to determine if there is a test that can be utilized to identify the presence of an acute infection of syphilis. If such a test exists, this test will be administered when the performer comes in for prophylactic treatment, in order to provide additional information.

Manwin has agreed to cover cost of the shots for performers. Other producers contributing to cover the cost of treatment include, Evil Angel, Girlfriend Films, Kink.com, Vivid Pictures, and Gamma Entertainment. Still more producers are offering to contribute – this is an industry-wide effort by producers to ensure the safety of the performers. We greatly appreciate the cooperation and contributions of involved parties at this time.

“I always appreciate how our industry comes together in a time of need,” said FSC Executive Director Diane Duke. “Clearly our industry’s priority is the health and well-being of our performers. Thank you to all of the producers who have and will contribute and thanks to all of you for honoring the moratorium.”

The APHSS.org (Adult Production Health & Safety Services) program is operated by FSC. For more information on APHSS.org, please contact Joanne@freespeechcoalition.com.

(Graphic: Courtesy of the National Archives and Records Administration)

 

FSC Calls for a Temporary Moratorium on Production Nationwide

A performer who tested positive for syphilis has been in touch with FSC and is meeting with FSC’s medical professionals to begin partner identification, evaluation and treatment. FSC has called a temporary moratorium on production until the risk to performers in the industry has been properly assessed and all performers have been tested.

APHSS’ doctors have met and discussed the best avenue to protect the performers and have determined that testing the entire population is the most prudent strategy. A determination will be made by the doctors on the appropriate time to lift the moratorium as more information is revealed.

FSC encourages any performer who may have tested positive for syphilis to contact FSC’s Executive Director, Diane Duke at diane@freespeechcoalition.com or 818-348-9373 and FSC will make sure the performer receives immediate medical support including confidential partner identification and treatment.

FSC will provide daily updates on the situation to the industry through press releases and our APHSS blog.

(Graphic: Some rights reserved by AzaToth)

The Los Angeles Condom Mandate: A Radio Debate with FSC’s Diane Duke and AHF’s Michael Weinstein

Controversy over the Los Angeles Safer Sex in Adult Films “condom” ordinance is heating up. The mandate, which is already in effect as an ordinance in the City of Los Angeles, is also up for a countywide vote in November. If passed, the County of Los Angeles will create a new agency to enforce mandatory use of barrier protection (condoms, eye protection, dental dams, gloves, et al) on adult production sets. A report outlining possible enforcement plans for the ordinance was submitted to the City Administrator on August 15th. These are the latest developments in the campaign for condom legislation, waged by AIDS Healthcare Foundation (AHF) since 2009.

FSC Executive Director Diane Duke debated AHF President Michael Weinstein this week, live on KPCC. Listen here. Also interviewed in this piece on Airtalk; City Administrator Miguel Santana.

Free Speech Coalition has led the opposition against this ordinance, which is overly broad, impossible to enforce and faces constitutional challenges. The legislation is the brainchild of AIDS Healthcare Foundation, the world’s largest HIV nonprofit – as well as a deep-pocketed, outside entity that has relentlessly attacked adult industry businesses on behalf of “protecting the performers.” AHF’s legal actions were a direct factor in the closure of the AIM clinicin 2010, the adult industry’s nonprofit resource for STI testing. In fact, AHF’s misguided campaign has endangered the performers.

There have been more than 6,000 new cases of HIV in Los Angeles since 2008; there have been two documented cases of adult performers contracting HIV since 2008 and neither was reported to be in relation to work on an adult production set. The industry has implemented health & safety protocols and complied with self-regulation successfully since 1998.

FSC has worked with industry stakeholders, compliance experts, attorneys, representatives of Cal-OSHA to try and develop industry appropriate standards. FSC also operates the Adult Production Health & Safety Services (APHSS.org) program, to offer reliable monthly STI testing for performers and uphold industry self-regulation standards based on the work of the AIM clinic. Our system is a secure information database that safeguards user privacy, working with a network of established healthcare providers nationwide.

At a time when the state of California and the county of Los Angeles face serious budgetary reductions, we believe it is irresponsible to support or approve of a legislative mandate that will only result in a poorly written law and more funds spent in litigation when the ordinance is challenged.

Lastly, when an activity is outlawed, it is not eliminated but driven underground, where regulation and cooperation become near impossible. The twisted efforts of Weinstein and AHF to eliminate the adult production industry – under the guise of working for the greater good – is dangerous grandstanding based on stereotypes and scare tactics. AHF vilifies adult industry producers as exploitive, the same way that people once stigmatized HIV+ individuals as vectors of disease. Which group will they attack next, in their zeal to “protect” by mandating sexual behavior?

Please, support our efforts to say NO to this ballot initiative; its ballot identification number is to be announced.

If you would like to learn more about the Los Angeles condom ordinance, contact joanne@freespeechcoalition.com.

(Photo: Courtesy of Nickpo)

Los Angeles “Safer Sex in Adult Films” Working Group Submits Enforcement Plan to City Administrator, Media

Free Speech Coalition (FSC) today received a copy of the 47-page report outlining recommendations for enforcement of the mandatory condom ordinance for adult productions.

“In a time when multiple California cities are going bankrupt, LA itself has a significant budgetary problem and city services are being cut drastically, I find it unconscionable that the City would create a new bureaucracy to monitor condoms on adult film performers,” said FSC Executive Director Diane Duke. “What’s even more ridiculous is that there hasn’t been a transmission of HIV on an adult set—nationwide—in over eight years.”

The report, which is extensive, was developed from information supplied by the “Safer Sex in Adult Films” Working Group, which was made up of representatives from various local governmental agencies, including film permitting bureau Film LA, the Los Angeles Fire Department, LAPD, L.A. County Public Health (LACPH) Department, City Attorney’s office, County attorneys, and Cal-OSHA, among others.

• Compliance with current state regulations for blood-borne pathogens exposure, which includes use of condoms and other barrier protection (eye protection, gloves and dental dams).
• Requiring either a Fire Marshal or licensed healthcare professional to be present on adult production sets to confirm and verify compliance with a signed affidavit.
• For the City of Los Angeles to initiate an RFP process, to accept bids from outside agencies that would provide inspection personnel.
• Additional fees for film permitting (anywhere from $2,500 to $3,500 each), to cover the cost of inspectors.
• Producer must provide company staff with health & safety training and education specific to blood-borne pathogen regulations.

While the report has been sent to the City Administrator’s office in time for yesterday’s deadline for submission, it could be it will be sent for further revision once the City Council has reviewed it.

Currently, an initiative requiring condoms to be used in adult productions will appear on the November Los Angeles County ballot. If passed, it would require a revision of City enforcement protocols to accommodate enforcement throughout all of Los Angeles County.

FSC, the adult industry business alliance, has led the opposition to the adult film condom mandate and will continue to represent the best interests of its members and adult industry businesses.

To view the report, click here: 20120815_CAO_IMPLEMENTATION_OF_SAFER_SEX_IN_ADULT_FILM_INDUSTRY_ORDINANCE

(Original photo: Courtesy of Public Domain)

So, What Is the Los Angeles County Condom Initiative, and What Happens if It’s Passed?

Earlier this year, AIDS Healthcare Foundation (AHF) spent an estimated $2 million on paid signature gatherers to get a mandatory condom initiative for adult productions on the ballot. Their efforts were successful, and on LA County’s 2012 November ballot voters will have the option of voting on this misguided ballot measure. The ballot measure goes FAR beyond just requiring condoms for adult productions.

If this ballot measure passes, producers (defined as any entity that produces, finances or directs adult films) will be required to:

• Obtain a public health permit from LA County Department of Public Health (LADPH).
• Pay a permit fee set by the LADPH sufficient to cover the cost of enforcement – LADPH has estimated permit costs for producers of $12,000-$60,000/permit annually. (Note: This figure only includes the cost of permitting and does not include enforcement personnel and related costs so the actual fees will be much higher).
• Have a company Exposure Control Plan that complies with Title 8 California Code of Regulations section 3203 and 5193 – the same plan medical clinics have to follow for blood-borne pathogens – with goggles, gloves, lab coats and other barrier protection.
• County health officers may inspect any location without notice, as often as they would like. Permits can be revoked for failing to comply with LA County code or any of the CalOSHA’s bloodborne pathogen requirements. Failure to comply is punishable by a fine of $1,000 or six months in the County jail, or both.

The “Safer Sex” Ballot Measure is a Bad Idea

It won’t work – history has shown us that regulating sexual behavior between consenting adults does not work.  The best way to prevent the transmission of HIV and other STIs is by providing quality information and sexual health services.

Government cannot compel an industry to create a product for which there is little to no demand.Demand for non-condom movies drives the market, which is distributed worldwide. An industry based in LA County will not be able to survive when competition from other states and countries can provide the product the consumer wants, while LA producers are prohibited from supplying what is in demand.

It will take jobs and revenue out of California – the adult industry in California employs many thousands of individuals, as well as ancillary businesses and services. It creates a “made in the USA” product that can only be “outsourced” if producers are driven out of state. Large and small adult industry businesses also pay millions in taxes, which benefit local communities.

It will hurt performers – If condoms were mandatory existing testing protocols would likely disappear. The protocols that are in place are here to protect the performers and successfully do so. The California adult production industry is one of the most regulated; if producers are forced into other areas or to go “underground,” it will make it difficult – if not impossible – to impose existing industry standards for performer testing and health & safety protocols, which have been proven to be effective in preventing the incidence of STIs.

It will hurt the Los Angeles economy – If the ballot measure passes many producers will likely leave the area and take their taxes and jobs with them. The industry has been approached by leaders in other states offering tax incentives for us to move there.

It will waste valuable resources – HIV funding in LA has already been significantly reduced.  Diverting valuable dollars from existing programs to this program will only hurt those already infected with HIV and will reduce the resources to prevent others from contracting the disease.

The County can’t afford this regulation – fees charged will in no way cover the extensive bureaucracy that will have to be created to implement this regulation. With massive cutbacks in county resources, tax dollars going for “condom police” when there have been no transmissions of HIV onset nationwide in eight years is a serious waste of valuable resources.

Despite outrageous claims, flawed data and misinformation generated by AHF, forcing a condom mandate on the adult production industry is dangerous grandstanding on AHF’s part. This campaign by AHF also is not in line with their supposed mission to help low income HIV patients with access to services and medication. In communities where HIV rates are increasing, studies show that this may be due to lack of outreach and education, which can be directly tied to lack of state and county funding for HIV programs.

Now, AHF – with its $187 million dollar annual budget – wants taxpayers to spend their scarce funds to force government agencies to regulate an industry that has successfully (and voluntarily) implemented health & safety protocols that have been effective for more than a decade.

Free Speech Coalition asks its members, other industry members, the local business community and the citizens of Los Angeles County to oppose the condom initiative on the ballot in November. For more information on the condom issue, or to help us say “NO” to this misguided, unwarranted proposed legislation, please contact info@freespeechcoalition.com.

(Photo: Courtesy of NASA)

A Special Thank You from APHSS.org

FSC and Adult Production Health & Safety Services (APHSS.org) would like to show appreciation to all that attended the APHSS.org meeting held on July 10, which addressed issues around performer testing, as well as updated information on Los Angeles’ pending mandatory condom legislation in the city and county.

Special thanks to XBIZ Magazine, XBIZ owner Alec Helmy and his crew, that provided resources which enabled the meeting to be broadcast via live stream on industry forum XBIZ.net. More than 30 industry members that were unable to attend in-person watched the proceedings online.

To everyone that took time out of their schedules to attend, we thank you. Some industry members that attended included: Nina Hartley & Ira Levine; Wicked’s Brad Armstrong; Vivid’s Marci Hirsch & Shylar Cobi; Girlfriends Pictures’ Dan O’Connell & Moose; Adam & Eve’s Bruce Whitney; New Sensations Renae Englhart; Alia Janine; Sean Michaels; Kimberly Kane; Nate Liquor; Sarah Shevon; Miles Long; Will Jarvis; director Kevin Moore; All Media Play’s Scott David; AVN’s Theo Sapoutzis & Mark Kernes; XBIZ’s Dan Miller; AINews’ Steve Nelson; blogger Julie Meadows; sociologist Chauntelle Tibbals, among others. Members of agents’ organization LATATA including Chris from 101 Modeling, Type 9 Models’ Kevin O’Neal and ATMLA’s Shy Love also were present, among other attendees.

The meeting was a huge success. Complicated issues were discussed in an open forum by industry stakeholders, which brought more clarity to the current situation involving performer testing and the condom ordinance/County ballot initiative. Speakers at the meeting included Kink.com founder Peter Acworth; infectious disease expert Dr. Miao (Cutting Edge Testing); labor attorney Karen Tynan; industry attorney Allan Gelbard; and FSC’s Executive Director Diane Duke.

A video of the meeting can be viewed by clicking this link.

In related news: The same day of the APHSS meeting, the L.A. County Board of Supervisors voted to continue their discussion of approval of the L.A. County condom ballot initiative for the county ballot in November.

Going forward, FSC and APHSS.org will continue to keep an open dialogue with industry stakeholders, concerning these important issues. If you need more information on FSC, APHSS.org, performer testing or the condom ordinance, please contact joanne@freespeechcoalition.com.

Please, remember to support FSC and the APHSS.org performer-testing program – we fight the good fight on your behalf, but we can’t do it without YOU! Thank you.

(Photo: Some rights reserved by VistaMommy)

APHSS.org and TTS Agree to Incorporate TTS Results into APHSS Database

Adult Production Health & Safety Services (APHSS.org) today announced that it will start to receive Talent Testing Service, Inc. (TTS) data into the APHSS database via an electronic transfer protocol. While TTS is a non-APHSS provider, FSC and TTS have agreed that a comprehensive information source for performer availability is critical to support industry protocols.

Earlier it was reported that TTS did not meet all of the APHSS qualifications for performer care and therefore did not qualify as an APHSS provider. Moreover, TTS stated that they were not interested in being an APHSS provider.

This conflict posed a problem for performers and producers who wanted to utilize both APHSS and TTS.  After a number of discussions, TTS and APHSS have come to an agreement. “The electronic transfer of TTS data into the APHSS database as a non-APHSS provider seemed like the best compromise for the good of the industry,” explained Diane Duke FSC Executive Director.

“Although we (TTS) will continue to provide results via our own web portal, providing accessibility in the APHSS database benefits the industry as a whole.” said Sixto Pacheco, CCRC, President & CEO of TTS.

Currently, APHSS and TTS are working together to coordinate the technical steps for data compatibility.  As soon as those steps are worked out, TTS information will be available on the APHSS database.

FSC is holding a meeting to go over the APHSS program, industry protocols, what to do in the case of an HIV positive result, and an update on mandatory condom ordinances. The meeting is Tuesday, July 10, 1pm PDT and will be held at the Majestic Plaza, 18341 Sherman Way, Ste 207 (upstairs), in Reseda, CA (Parking available in the back).

For those who are unable to attend in person, a video broadcast of the meeting will be streamed live to industry members on July 10 at 1pm PDT, on XBIZ.net. If you would like to access the live broadcast, sign in or register at XBIZ.net. A link to the broadcast will appear inside XBIZ.net on the date of the meeting along with a pre-broadcast email notification.

For more information about APHSS.org, or the meeting contact joanne@freespeechcoalition.com.

(Graphic: Courtesy of Ignacio Javier Igjav)

APHSS.org Meeting to be Streamed Live on XBIZ.net

Adult Production Health & Safety Services (APHSS.org) will hold a meeting on July 10, at 1pm PDT, for industry members to discuss the topics of performer testing and the Los Angeles condom ordinance.

 The meeting will take place at Majestic Plaza, 18341 Sherman Way, Ste 207, Reseda, CA, 91335. Industry members are encouraged to attend in-person, if possible. For more details of the meeting, click here.

However, for those who are unable to attend, a video broadcast of the meeting will be streamed live to industry members on XBIZ.net. If you would like to access the live broadcast, sign in or register at XBIZ.net.

A link to the broadcast will appear inside XBIZ.net on the date of the meeting along with a pre-broadcast email notification.

“We want to thank XBIZ for all the help they provide to FSC,” FSC Executive Director Diane Duke said. “This meeting is very important to anyone that works in content production – we will discuss how APHSS.org works; how the program was developed to reduce liability for producers and agents; standards for HIV testing; and the importance of supporting a system that upholds protocols for industry self-regulation. We also will update everyone on the L.A. condom ordinance.

“In the interest of industry unity, XBIZ has graciously offered to make it possible for those that can’t make it to the meeting to be informed,” Duke added.

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.

This meeting will be open to producers, directors, performers and agents. If you need more information, please contact joanne@freespeechcoalition.com.

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The Free Speech Coalition is the national trade organization to the adult entertainment industry. Its mission is to lead, protect and support the growth and well-being of the adult entertainment community.

(Graphic: Some rights reserved by Lumaxart)

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)