Porn Panic 2012: The Testing Wars: Here Comes The Spin

I would be derelict in my duties if I didn't post the reactions from both sides of the now aborted compromise that would have unified performer testing across the board.

First...the statement by Talent Testing Services on their decision to break completely with APHSS:

Talent Testing Service, Inc. worked diligently to comply with three basic requirements in order to appease the Manwin/FSC/APHSS model of presenting a unified reporting system. These three items were:

1. Change our web portal to demonstrate a "Cleared/Not Cleared" status of results instead of showing the actual test results.

2. Automated transfer of Talent Status to the APHSS Database.

3. Cooperate in helping to build protocols in case of a positive case.

Once these three items were completed, Manwin/FSC/APHSS was to issue a press release indicating that it would accept TTS test status to be viewed in the TTS web portal by its producers and agents. After completing the first two items, TTS was asked to provide its protocols for handling positive cases to Manwin/FSC/APHSS. We indicated that this was not part of our agreement, that we would assist and help to create these needed protocols (as agreed), but we would not have ours copied for use at Manwin/FSC/APHSS. We consider these protocols to be proprietary and confidential. At this time Manwin/FSC/APHSS demanded to see these procedures for which we declined.

“It has become evident that our initial position of not participating in the Manwin/FSC/APHSS mechanism for testing/reporting is the correct one.” said Sixto Pacheco, president and CEO of TTS. “We have always believed that industry testing laboratories should be completely unbiased and unattached from any other industry affiliated organizations in order to avoid any misconception about the validity of the testing being performed. Furthermore, the manual entry of a talent's "Status" into the Manwin/FSC/APHSS database by any participating facility is an unsafe practice,” added Mr. Pacheco.

TTS will continue to provide the level of service our stakeholders are accustomed to by providing the latest testing methodologies coupled with our technology based platform without sacrificing our Quality and Privacy Policies and Protocols in place.

Talent Testing Services, Inc. caters to clients by providing the most up-to-date technology. The company uses QR Codes for validating printed test results, as well as a convenient mobile page for verification of authenticity on-demand and access to actual test results. Producers/Agents as well as Talents are provided with a personal online dashboard that provides access to historical and most recent testing information. Furthermore, Talents can set up automatic reminders for next test dates.

 So, apparently, the deal breaker was the insistence that TTS incorporate their protocols for contacting performers possibly testing positive for STI's into the APHSS database, which they balked at for what they deemed "security" reasons.

Not to be outdone, of course, APHSS was quick with their own counter response.

This is the first word we have received from Talent Testing Services that they have chosen to stop sending data to the APHSS database. We regret this decision by TTS since it will have a negative effect on performers and producers.  Further, it obviously endangers adult production industry self-regulation protocols, especially at a time when the industry is under fire from outside interests that support mandatory condom legislation.

We have done everything possible to compromise with TTS – despite their objections to participation in APHSS – because we had requests from several producers and agents to include TTS data in the APHSS database. We agreed with producers and agents that including TTS data was the best possible situation for the industry (despite their unwillingness to comply with APHSS policy & protocols), in order to have a complete source of information for active performers.

If TTS is currently in dispute with Manwin over alleged demands placed on them for further cooperation, APHSS cannot comment on these developments as they do not directly involve any negotiations that we have had with TTS. APHSS responded to TTS’ initial demands by providing them with an automated interface to load data into the APHSS system. At that time, TTS agreed to follow APHSS protocols in the event of an STI exposure incident.

However, because of other objections from TTS to APHSS policy, they declined to be included in the APHSS program and so were not able to become an APHSS-recommended facility. It seems that now they have decided to drop out of the program completely, based on their own business interests.

We assume that Manwin has based their company policy on what is most prudent for them, and we commend them for giving serious consideration to establishing health and safety protocols for their company.

The APHSS database was developed by industry stakeholders, attorneys and compliance experts to be a comprehensive source of information, to safeguard self-regulation protocols – as well as providing performers with reliable health services that include doctors and healthcare professionals. The database design was also developed to safeguard user privacy and security.

APHSS-recommended facilities have been chosen from established healthcare providers that have agreed to abide by industry self-regulation protocols, including the presence of on-staff physicians and adherence to  STI exposure protocols. Many of those protocols are based on those developed by the AIM clinic. These components are essential to any industry self-regulation – without them, the industry has little defense against mandated regulation by governmental entities. The essence of those protocols have been effective since they were established in 1998.

In addition, the recently-initiated Performer Subsidy Fund is to be administered through the APHSS system, which will subsidize testing for all performers whose testing data is updated through the APHSS system. Without voluntary TTS updates for performers that choose to use their services, we cannot hope to know which performers have tested there, so subsidizing their test fees will be nearly impossible. Most critically, it will also be impossible for APHSS to gather data on performers that test at TTS, in the event of an exposure incident.

Again, we have had little communication from TTS concerning these latest developments and we hope that their representatives will reconsider the potential repercussions that their decisions will have on the entire adult production community.

We encourage producers and performers to consider carefully their own policies toward industry testing and STI protocols, but acknowledge that all are free to choose the services they wish to use. Producers and performers wanted - and have a right - to a system that offers them choice, reliability and, most importantly, cooperation in the event of any STI exposure incident. APHSS will continue to provide those services and more, now and in the future.

 So, it seems, we are back at Square One, with no organized testing protocols, a divided industry, and AHF/CalOSHA/LACDPH waiting for November and a successful condom mandate law to move in for the kill shot. Heck of a job there, guys.