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)