Notice how quiet these guys have gotten lately?
Word is The Free Speech Coalition is very skittish about the details of their relationship with Dr David Kulbersh from Irmo South Carolina, coming to light, and by extension their connections to a character named Fiyyaz Pirani.
Shortly after the story ran about Kulbersh publishing confidential medical records of his patients, the tests mysteriously disappeared from Scribd. That marks the second time that someone has deliberately tried to cover-up the good doctor’s misdeeds, the first being his removal from the PASS database after it was first reported here that Kulbersh was listed as a performer. Coincidence or conspiracy? Before you decide the answer to that question, read on…
Let’s take a look at STD Status – the FSC-approved testing facility that handled the Kink performer’s positive test result.
In August of 2012, the FSC announced STD Status as it’s newest performer testing service. Owner and CEO Fiyyaz Pirani told AVN at the time, “STDStatus.com is geared toward the performer industry, and we are certified by the APHSS [now called PASS]; we are an authorized provider to the APHSS and the Free Speech Coalition; we are partners with both.” Pirani, a twenty-something entrepreneur from a wealthy Indian family, has numerous websites registered to his name including STD Alert which is cited in the same December 2012 AVN article as the parent company to STD Status. Pirani is also listed as the owner of the similarly-named STD Check. Pirani explained to AVN how the service works: “There’s a lot of visibility for the patient; they’re able to speak to one of our doctors if they feel the need to, but the service really is designed to be streamlined and seamless. It’s supposed to be quick, so the performers can focus on performing and work. We’re just there to make sure they’re in compliance and everything is done safely.”
In regards to how patients are informed of their test results, Pirani says, “The completed results report, once a HIPPA release is signed, it gives us permission to send the full report via email in .pdf format.”
That all sounds fine and dandy until you consider that many states have very specific laws when it comes to disclosing confidential medical information – especially HIV test results. California – where most performers live and work – is very clear when it comes to disclosing HIV results via email: “The electronic delivery of clinical laboratory test results or any other related results for HIV antibody tests are specifically prohibited under [Section 123148 of the Health and Safety Code], regardless of authorization.” Notice the phrase “regardless of authorization” – that applies to any release or waiver signed by a performer. California law simply does not allow email as an accepted form of HIV disclosure under any circumstance, waiver or not.
Pirani goes on to say, “We are fully compliant with HIPPA privacy laws where whoever’s being tested is the only one that will receive [the results], unless they specifically sign a waiver or release to have the results released to someone else.”
California Health and Safety Code section 120980 states that “Written authorization is required for each separate disclosure of the test results, and shall include to whom the disclosure would be made.” California law does not provide for blanket disclosure of confidential medical information to an unknown number of unnamed people. This would include disclosing test results to adult film producers or PASS. California Health and Safety Code Section 120980 goes on to say: “Any person who willfully, maliciously, or negligently discloses the results of an HIV test to any third party, except in accordance to a written authorization or as authorized by law, that results in economic, bodily, or psychological harm to the subject of the test, is guilty of a misdemeanor, punishable by imprisonment in the county jail for a period not to exceed one year, or a fine not to exceed $25,000, or both.”
The performer working with Kink (who is a California resident) had positive test results emailed to him/her – in clear violation of California State Law – by something called FPK Services. It was sent from an STD Alert email address and included references to both STD Status and PASS in the body of the email. FPK Services is an entity based out of Houston, Texas and it’s webpage – <http://www.fpkservices.com>www.fpkservices.com – links directly to STD Alert, the parent company for STD Status. Upon further investigation, it was determined that the registered owner of <http://fpkservices.com>fpkservices.com is none other than Fiyyaz Pirani.
Okay, so what does this alphabet soup of shady testing companies mean and how does it all tie into Dr. David L. Kulbersh?
That’s where it gets interesting. Dr. Kulbersh also owns and operates several websites including the site <http://www.treatmyuti.com>www.treatmyuti.com which deals with the treatment of urinary tract infections for women. Basically, you fill out a survey describing your symptoms, pay a fee, and a physician will call in a prescription to your local pharmacy. Kulbersh’s site uses the same webpage format as both STD Status and it’s parent company STD Alert. In a “contact us” section of the site, along with a picture of the good doctor, there are two names… David Kulbersh, MD and Fiyyaz Pirani. This is important because it not only establishes a connection between Kulbersh and Pirani, but it also proves there is some sort of business arrangement between the two. This may be complete conjecture, but it would seem that the “FPK” in FPK Services stands for Fiyyaz Pirani Kulbersh.
So let’s recap. We have a seemingly well-respected gynecologist from South Carolina who owns and operates a telemedicine website with Fiyyaz Pirani. Fiyyaz Pirani in turn owns and operates a similar business in which he offers STD testing to the adult film industry. That company, which is an FSC-approved testing facility, handled the testing for the performer who received his HIV positive test results via email. The performer was working with Kink and his/her test was billed through the very same gynecologist from South Carolina – Dr. Kulbersh. Dr. Kulbersh also happens to sit on the Free Speech Coalition medical advisory board and until recently was listed as a performer on the PASS database.
It’s been clearly established that Dr. David L Kulbersh has direct connections with Kink, the Free Speech Coalition, and now STD Status – but why? Surely there’s something in it for him otherwise why would he be in this deep with the porn industry? At best it would appear there is a conflict of interest and a breach of the good doctor’s code of ethics. At worst, there could very well be some criminal wrong-doing here. Either way, I’d imagine there might be some interest from the IRS into Kulbersh’s business practices.