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)

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.

FSC Response to AHF Signature Submission to Get Condom Initiative on L.A. County Ballot

Free Speech Coalition (FSC) today issued this response to AIDS Healthcare Foundation’s (AHF) earlier announcement (contained in the press release at this link).

AHF reported that they have submitted 360,000 petition signatures in a continuing effort to mandate the use of condoms on adult production sets in Los Angeles County.

FSC’s response is as follows:

Today AIDS Healthcare Foundation announced that they have gathered 360,000 signatures to put a mandatory condom measure on the LA County ballot for November.  What this announcement really means is that they have spent upwards of two million dollars on paid signature gatherers to get a useless bill in front of LA County voters. It is important that LA County voters understand the real issue behind AHF’s push for this unnecessary ballot measure.

In their press release, AHF stated that “the Measure is modeled on County’s health permit process for tattoo and massage parlors and bathhouses.” The big difference with the adult film industry is that contact with the public occurs through television, computers and smart phones. There is no direct contact with the public so how can this be a public health issue?

A 152-page epidemiological profile on HIV/AIDS was distributed by the LA County in 2010. The sole purpose of the document was to provide guidance to LA County and non-profit organizations on the best use of their resources concerning HIV in LA County.  Nowhere in that report are adult productions even mentioned. The report does identify the Latino population, African Americans, the un-insured, the under-insured and people in poverty, as areas of concern for HIV and targets for HIV resources.  Imagine how many people could have been served with the millions AHF has already wasted on this ballot measure. Imagine how many will go unserved if the County is forced to waste its limited HIV resources on a problem that doesn’t exist.

Since 2008, 6300 new cases of HIV have been reported in LA County.  None of the 6300 cases have occurred on an adult set.  The rigorous testing protocols in place have resulted in a zero onset transmission of HIV for the past 8 years!  One concern raised in the County’s epidemiological profile is the number of people in LA County who are walking around with HIV but are untested. Testing every 28 days, adult performers are the most tested population in LA County.

There are a number of nonprofit organizations that provide excellent education and services for the prevention and treatment of HIV/AIDS. Unfortunately AIDS Healthcare Foundation has lost its service focus and is now in the HIV “business” and will do or say anything to increase their fame and fortune. The County Condom measure is just their next and the latest “business” opportunity.

(Photo: Some rights reserved by Pink Cross Foundation)

L.A. Condom Ordinance: Council Refers Implementation Plan Development to Arts, Parks, Health & Aging Committee

Free Speech Coalition (FSC) was notified today by the L.A. City Administrator’s Office that the L.A. City Council has referred development of enforcement strategy for the city condom ordinance to the Arts, Parks, Health & Aging Committee.

Until recently, the development of an implementation and enforcement strategy had been charged to the City Administrator-appointed Working Group on the City of Los Angeles Safer Sex in the Adult Film Industry Ordinance. At the last meeting of the working group on May 11, the group postponed submitting the results of a report that would have recommended protocols for enforcing condom use on adult productions.

A few days later, it was widely reported that the working group had requested a 90-day extension of presenting the results of the report.

It is unclear why the issue has been referred to the Arts, Parks, Health & Aging Committee. That committee is made up of three L.A. City Council members, including Councilmen Richard Alarcon (7^th District), Tom LaBonge (4^th District) and Ed P. Reyes (1^st District).

FSC, as the adult industry trade association, will continue to aggressively provide input, to make sure the best interests of the industry are represented to city officials.

“This is an issue of great importance to the industry and Los Angeles taxpayers,” said FSC Executive Director Diane Duke. “City officials need to hear adult industry members concerns around the condom ordinance.”

“Meanwhile, AIDS Healthcare Foundation continues to spend millions on collecting signatures to put the condom ordinance on the L.A. County ballot in November,” Duke added. “There have been no transmissions of HIV on and adult production set since 2004. In a lawsuit filed by AHF against L.A. County, the County already established that adult productions pose no threat to public health.  AHF’s efforts not only squander donor funds that could be utilized for the prevention and treatment of HIV, but also waste valuable tax dollars that are desperately needed elsewhere.”

(Photo: Some rights reserved by D.C.Atty)

Working Group Postpones Results of Report on Condom Ordinance Enforcement

At the City Administrator’s office this morning, the Working Group on the City of Los Angeles Safer Sex in the Adult Film Industry Ordinance met to review a report on enforcement strategy for condom ordinance on adult sets.

The meeting was started and it was announced that the Working Group report on enforcement was not ready and that another meeting would be scheduled next week, when the report should be completed. Despite the postponement, a public commentary period was allowed.

Adult industry members that attended the meeting included Immoral Productions owner/producer Dan Leal, industry attorneys Michael Fattarosi and Allan Gelbard, FSC Executive Director Diane Duke and Membership/Communications Director Joanne Cachapero.

Among those in the Working Group were representatives from L.A. Fire Department, Film L.A.,  the city council, the city attorney’s office and the department of public health. L.A. Police Department and Cal-OSHA representatives were absent.

During the public commentary period, Leal reported a situation that occurred last night on a webcam shoot for Immoral Productions. Leal said Los Angeles police had visited the set and that a citation had been issued to the camera operator (an independent contractor), for shooting a commercial production without a permit. Leal requested for the group to clarify if permits where required for any commercial shoot, even including a husband and wife that might produce amateur webcam content for profit in their home.

Leal and those present were informed that permits are required for any commercial production that is not shot on a soundstage.

FSC’s Duke then spoke, pointing out that the adult industry should not be treated differently than other entertainment media, based on sexually explicit content.

“You deal with film permits everyday,” Duke said, “but if the adult industry is going to be treated differently, then we have a problem with that.”

She went further to explain that an ordinance applied specifically to the adult industry would put the industry in a position to experience other forms of discrimination and censorship.

At that point, AIDS Healthcare Foundation (AHF) representative Mark McGrath was allowed to speak on behalf of the HIV nonprofit organization that is behind the push to enforce mandatory condom law.

He called the adult entertainment industry an “outlaw” industry, and said the industry had been violating condom regulations all along. He said that it was time for the industry to have a “modicum of corporate citizenship,” in regards to condom use. And he also stated that the city should call for RFPs (request for proposal), in order to establish contracts for enforcement staffing.

Speaking last, industry attorney Gelbard talked about the constitutionality of the condom ordinance.

“One point is very clear,” Gelbard said. “The statute is unconstitutional.”

He cited case law, referring to cases including Freeman v. California, and precedents establishing the legal and First Amendment protections for the adult industry. On the issue of freedom of expression, Gelbard noted that producers cannot be compelled to send a “safe sex message,” because this would infringe on the producer’s right of expression. He also called the ordinance “content-based” and assured the group that the ordinance would not withstand closer scrutiny in court.

The meeting was adjourned shortly after the commentary period. The next and final meeting of the Working Group will be scheduled for next week.

(Photo: Some rights reserved by Josef325)

APHSS.org Announces it Will Accept PCR/RNA Tests

Due to concerns raised over what type of HIV tests are acceptable and appropriate for monthly performer screenings, APHSS.org has announced that it will accept two different brands of HIV tests.

For years, our industry utilized PCR-DNA as the off-label standard HIV test for performers. Although not sanctioned by the FDA for diagnosis, the medical professionals at AIM chose this test because it was the best test to determine the presence of HIV — especially for acute infections.

After considerable research and contact with infectious disease specialists, pathologists and physicians, APHSS.org has identified two tests that best meet the needs of the performer population. They are the Aptima HIV-1 RNA Qualitative Assay and the Abbot RealTime HIV 1 Assay.

The Aptima HIV-1 RNA Qualitative test is approved by the FDA for diagnosis and detection of acute (early) HIV infection.

The Abbot RealTime HIV 1 Assay is FDA-approved for determining viral load.  Medical experts have assured APHSS.org that the Abbot test is a good option for determining the presence of HIV for adult performers.

“After speaking with a number of medical professionals, it was clear to us that both tests will be a significant improvement over the PCR DNA,” said Diane Duke FSC Executive Director.  “Some of the experts prefer the Abbot test and some prefer the Aptima test. All agreed that both tests are effective for our purposes.”

For some HIV tests, the “window period” – the time between the point of infection until the virus is detectable – has decreased to as little as 9-to-11 days. And, tests have become increasingly sensitive, thus increasing the accuracy of test results.

Both the Abbot and Aptima tests have the 9-to-11 day window. While the Aptima test is sanctioned by the FDA for detection and diagnosis, use of the Abbot test has also 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.

Beginning May 15th all APHSS testing sites will utilize either the Abbot or Aptima PCR RNA tests.

If you need more information on APHSS.org or performer testing, please contact diane@freespeechcoalition.com. APHSS.org is administered by Free Speech Coalition (FSC).

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