APHSS Doctors Identify Syphilis Test with 14-Day Window Period

APHSS testing facilities can start new testing protocol immediately, alleviating need for performer syphilis treatment

After continued and exhaustive research, APHSS doctors have discovered a new test for syphilis – Treponemal EIA. This state-of-the-art test significantly shortens the window for syphilis testing from 90 days to 14 days.

Trep-Sure is the brand name of the Treponemal EIA test for syphilis that will be utilized by APHSS.org doctors. This test, manufactured by Phoenix Bio-tech Corporation, is FDA approved as a confirmatory diagnostic test for syphilis and has 99-100% levels of sensitivity and specificity.

Package Insert Information for Trep-Sure

This discovery provides the industry with a viable alternative to preventative treatment.  For performers who have had preventative treatment administered, they will still be available to work 10 days after the date treatment was administered. For performers who have not had the treatment, the waiting time to begin performing has just been reduced from 90 days to 14 days. Because of this significantly shortened window, APHSS is suspending preventative treatment and is asking performers who have not been preventatively treated to go to any APHSS provider and get tested with the new test and to get re-tested 14 days later.

Effective immediately, all APHSS providers will utilize the new Treponemal EIA test in monthly performer testing panel.

For performers who have been preventatively treated with antibiotics:

Performers who have already received a preventative shot or prescription are clear to work, with a clean panel, 10 days after receiving treatment.  That means performers who received preventative treatment on August 22, the first day treatment was provided, will be able to perform with a clean panel—that includes the new Treponemal EIA test–on September 1^st.  If they were treated on August 23^rd, they will be available on September 2^nd and so on.  Performers will be shown as available to work on the APHSS database 10 days after treatment with a clean panel that includes the new Treponemal EIA test for syphilis.

For performers who have not been preventatively treated:

Performers, who have not received preventative antibiotics, should go to any APHSS provider and take the new Treponemal EIA test.  If the test is positive, immediate treatment is available.  If the test is negative, the performer should wait 14 days and retest with the new Treponemal EIA.  With two negative Treponemal EIA tests 14 days apart, along with a cleared panel, the performer will be cleared for work.  Performers will be shown as available to work 14 days after a negative Treponemal EIA test with a clean panel that includes the new Treponemal test for syphilis.

“This is great news for the industry,” said Diane Duke FSC Executive Director. “Not only will we be able to use this test to confirm that performers are not infected and can work in a much shorter period of time, but also we will be able to identify those who may have an acute (recent) infection not recognized by the standard RPR syphilis test.   Our program has and will continue to seek out the best and latest testing and technologies for the health and well-being of our performers.”

APHSS has thousands of sites for performers to choose from nationwide.

Performers can contact any of the providers below to obtain the new Treponemal EIA test.

AMTC Advanced Medical Testing Center
Locations Nationwide, including California
(888) 511-0262
www.samedaytest.com

Cutting Edge Testing – Van Nuys, CA Location
Dr. Peter Miao MD
(818) 386-2132
5000 Van Nuys Blvd. Suite 202, Sherman Oaks, CA 91403
Hours: 10:00am to 5pm Mon–Fri
www.cuttingedgetesting.com

Cutting Edge Testing – Ft. Lauderdale, FL Location
2312 Wilton Dr.
Wilton Manners, FL 33305
(954) 745-6888

STD Status
Approximately 2,000 locations nationwide including many in  LA and Miami
Hours will vary by location
1-866-554-4296
www.stdstatus.com

Dr. Sean Darcy

Concierge physician available to administer tests inLos Angeles, San Diego and San Francisco to groups on site by appt.

(310) 351-8814

To sign up for the APHSS database go to APHSS.org. For any additional questions contact Joanne at 818-348-9373 or joanne@freespeechcoalition.com.

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)

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 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)

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)