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.

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)

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)

FSC Meets With L.A. City Administrator to Discuss Condom Ordinance

FSC Executive Director Diane Duke and FSC Board Chair Jeffrey Douglas met today with Los Angeles City Administrator Miguel Santana and his staff to discuss the recently enacted condom ordinance for adult industry productions.

Duke and Douglas listened to the City Administrator’s thoughts on the ordinance in general and the complications inherent in its implementation and enforcement specifically.  FSC discussed constitutional issues raised by the ordinance and voiced concern over the potential for government overreach in its enforcement.

According to Duke, the meeting was very successful.

“We appreciate the opportunity to meet with the City Administrator, to communicate the industry’s concerns, and to receive information and clarification about the City’s options for moving forward,” she said.

In January, the condom ordinance for adult industry productions was signed into law by L.A. Mayor Antonio Villaraigosa and went into effect on March 5. The L.A. City Council directed the City Administrator’s Office (CAO) to organize the Adult Film Industry Working Group as the entity responsible for creating an implementation structure for the condom ordinance.

According to CAO staff, the next meeting of that working group will be Friday, May 11th.

APHSS.org Announces the Opening of Vegas STD Testing

Adult Production Health & Safety Services (APHSS.org) is proud to announce the opening of new performer testing facilities in Las Vegas, NV.

Vegas STD Testing will open on Monday, March 19.

The new clinics are affiliated with The Vaccine Centers. There are two locations in Las Vegas – The southeast location is at 500 E. Windmill Ln, #115, and the northwest location is at 2051 N. Rainbow Blvd, #100.

The Board-Certified physicians of the Vaccine Center, worked to develop Vegas STD Testing as a comprehensive program to serve the healthcare needs of adult performers, industry members and the public.

Vegas STD Testing also provides comprehensive immunization services including all vaccines available in the US for work, school, travel, and overseas travel. In addition, they offer an array of other preventative health services such as complete laboratory testing, physicals, chest X-rays, TB skin testing, drug testing, and physicals. They provide referrals to a wide range of specialists as needed, including gastroenterology, cardiology, pulmonary and many others. Services are offered with patient-friendly pricing.  Vegas STD Testing accept appointments for our vaccination and laboratory services with minimal to no waiting.

They also keep electronic medical records and can typically email results (with your consent) within 24-48 hours.

“Vegas STD Testing and its staff have done a fantastic job of working with us to expand the APHSS.org program to Las Vegas,” said FSC Executive Director Diane Duke. “It’s very important to have healthcare professionals that provide top-notch healthcare services for performers. And with two locations, we’re twice as lucky.”

With hopes to have the website – VegasSTDTesting.com – online by Monday, those that would like more information or to make an appointment can call (702) 870-1911.

The goal of APHSS.org is to affiliate with testing facilities to provide convenient, reliable performer testing and medical services. The program and its affiliates support adult industry self-regulation of health & safety protocols.

APHSS.org is operated by FSC. For more information on APHSS.org, contact joanne@freespeechcoalition.com. If you are an adult performer or producer, visit the APHSS.org website to sign-up, and also to view a list of available testing facilities.

(Photo: Some rights reserved by LasVegasLover)

Will the Condom Ordinance Drive the Industry Out of LA?

With growing media attention to the recently-passed adult industry condom ordinance by city officials in Los Angeles – which goes into effect today – as well as the announcement last week that AIDS Healthcare Foundation (AHF) has collected half of the signatures needed to put the a condom initiative on the LA County ballot in November, there has been much speculation that the adult production industry might be looking for greener pastures.

At this point, many issues remain undecided. City officials in Los Angeles are still grappling with the logistics of enforcement policies and, presumably, the considerable costs associated with enforcing the new ordinance. There also is a lot of speculation on whether or not industry stakeholders will pull up stakes and move to Nevada or Arizona, taking industry jobs and revenue with them.

One thing’s for sure – there’s already been an outrageous amount of funds that have been spent on pushing AHF’s relentless campaign to mandate adults’ sexual rights through governmental channels.

It is fair to say that, at $5 a signature, AHF has already spent more than $600,000 just gathering signatures for the county ballot initiative ($5 a signature is what was quoted by local pollsters for an average price per petition signature). Not to mention, the cost of relentless litigation that AHF has pursued against adult industry members and businesses since 2009. Not to mention, even more possible litigation for all parties involved if the ordinance is challenged in court.

AHF is a taxpayer-funded nonprofit; so, where is the speculation as to whether or not AHF’s supporters actually support the expenditure of funds on a campaign to “help” adult performers? Where are the projections of how much this misguided campaign to mandate sexual freedoms will cost going forward?

AHF President Michael Weinstein has already stated that he will go, county by county – and to the State Supreme Court – in order to push his agenda. With a $187 million annual budget, AHF can afford costly litigation. But can California’s taxpayers really spare any more dollars to fund litigation for what AHF calls a “public health threat,” even as the organization’s leaders continue to spread misinformation based on flawed data and false claims?

Would that money be better spent on educational resources for people in high risk demographics, who might not have access to public health services? AHF claims that education through adult films is one of their goals; wouldn’t it make more sense to have adequate sex education resources for parents and teachers, so teens wouldn’t have to seek that information from adult entertainment? A recent report stated that improper condom use is a global problem – why isn’t AHF tackling that issue?

The other question that should be asked – what if adult industry producers do decide to leave California?

The state will lose billions in revenue from an industry that a) has self-regulated health protocols successfully since 1998 with monthly performer STI testing, b) is a legal business that produces product exclusively made in the state of California and employs thousands of industry members, as well as contracting other local businesses and individuals, and c) would rather spend its money doing business than fighting legal battles that cost the industry and the taxpayers millions of dollars.

In fact, if AHF’s condom agenda is successful, it still will not eradicate non-condom adult video. In our free market society, consumers are free to purchase non-condom adult content from other areas and countries where there is very little regulation, putting adult performers at greater risk.

And, as industry sales statistics show us, the consumers will do just that. They don’t purchase adult content for a lesson in proper condom use; they purchase adult content because they enjoy it. If you believe in individual’s rights to sexual expression and you understand that adult content is protected under the First Amendment, then you know that there is more at stake – and that AHF is not protecting anyone by dictating the sexual rights of adults.

Another point that deserves some speculation: Where does AHF’s witch hunt stop? If consenting adults producing an adult movie are restricted by government regulations, how far are we from seeing laws that criminalize other types of alternative sexuality? How far are we from a situation where condoms become the only legal form of safe sex protection, while alternative approaches to safe sex practices are rejected by conservative lobbyist groups and special interests? Are you willing to fund a special detail of “sex police” with your hard-earned tax dollars?

AHF’s “Condom Nation?” Condemnation, indeed.

If you feel that government has more important issues to address than a mandate on sexual rights, or that governments should not be influenced by big-money, third-party special interests – well, most of the people in the adult industry agree with you. Because most of the people in the adult industry are just like you, except for their choice of careers.

Here’s a video, from the iTeam at Las Vegas’ channel 8 news with commentary on the industry’s potential relocation. FSC Executive Director Diane Duke is featured, as well as director Will Ryder and performer James Bartholet as they attended the premiere of Vivid Entertainment’s “Star Wars XXX,” at the Supper Club in Los Angeles.

(Photo: Some rights reserved by MichaelPloujnikov)

APHSS.org Adds Cutting Edge Testing to its List of Healthcare Providers

Free Speech Coalition, the adult industry trade association, has announced the addition of Cutting Edge Testing, a new testing health center located in Sherman Oaks, to its APHSS.org program.

The center is under the direction of infectious disease specialist Dr. Peter Miao. Former Adult Industry Medical Healthcare (AIM clinic) employees Jennifer Mooney and Bobi Seybold comprise the medical support staff at Cutting Edge.

“We are extremely excited to have Cutting Edge added to our list of providers,” said Free Speech Coalition Executive Director Diane Duke. “Dr. Miao is a well known and well-respected infectious disease specialist who will provide top notch testing and care for our performers. Those are critical components of our APHSS.org program.”

APHSS.org was created to fill the gap left by the closure of the AIM clinic, and to carry on health & safety protocols for adult productions. The program and availability index were developed by FSC, working with legal and medical experts, industry members and Internet technology consultants.

Cutting Edge will provide the most advanced HIV testing available today (PCR- RT-RNA) as well as Chlamydia and gonorrhea at a cost of $120 for the performer panel with an estimated 24 hour turnaround time.

“We have missed providing testing and health services to performers. After spending nine years working at AIM, many of the performers are like family,” said staff member Seybold. “What is really exciting is the quality of care the performers will get from Dr Miao – he’s the best!”

Other APHSS.org providers include AMTC and the Healing Wave Center. APHSS plans to continue to build on their base of testing and health centers including signing on centers in other cities and states.  “We heard from performers, producers and agents that they want more choices,” said Duke. “Quality of care is the first priority and there are a number of quality providers eager to work with our industry. We will continue our efforts to find exceptional partners to join our program resulting in an increased number of choices without decreasing the quality of care.”

Performers, agents and producers can go to http://www.APHSS.org and click “sign-up” to be led through a simple registration process. Other information that is available at the website includes links to testing facilities, FAQs and contact information. Users are encouraged to view the FAQs on the website; if they have further questions, they can contact FSC.

Cutting Edge Testing is located at 5000 Van Nuys Blvd., #202, Sherman Oaks, CA 91403. Contact them at (818) 386-2132, or info@cuttingedgetesting.com.

(Graphic: courtesy of Nevit)