Free Speech Coalition Have Been Mighty Quiet

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.

The story on the performer who fell through the cracks has certainly raised a lot of questions, particularly in regards to Dr. David L. Kulbersh and his connection to the porn industry. While there were more questions than answers, some light has been shed upon the good doctor and his business practices. As reported in the past weeks, the website Scribd had the confidential medical records of several of Dr. Kulbersh’s patients published for all the world to see which constitutes a significant privacy breach for the good doctor’s patients. The tests were done through Kulbersh Health Screening Services (KHS) in Columbia, SC and the physician responsible for some of the tests was none other than Dr. Le Thu. Dr. Thu  is also listed as the responsible physician on the lab results for the Kink performer who tested positive back in September. Interestingly, Dr. Thu’s physician number is registered in the state of Maine while she has billing approval codes in Massachusetts and Ohio.

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.

You can bet that whatever is going on here the FSC doesn’t want anyone to know about it, AVN isn’t going to look into it, nor is XBiz because lets face it Helmy at XBiz is as much a part of covering this up as Mark Kernes at AVN is.  they don’t want anyone to know what is going on and you can bet if you follow the money you will find the motive.  You can bet the FSC is wetting their beaks in this arrangement

32 Replies to “Free Speech Coalition Have Been Mighty Quiet”

  1. jilted

    I see a huge loophole here,,,,the law specificly says “HIV ANTIBODY TESTS” PCR tests are not antibody tests.

  2. jilted

    PS, Mike, the law you cite here is the EXACT reason that all of the AIM files were, ‘malicously and intentionally’ destroyed. Every single performers MEDICAL records were put in a Public Storage locker, along with the agreements that every producer signed to get access(illegal access) to performers medical tests.

    Performers who tested at the old AIM,,,all of you medical records, including names, addresses, social security numbers, copies of your ID’s, your credit card information were stolen out of the Public Storage locker. Wonder why super reported Fat Boy Kernes at AVN has NEVER written word one about this? At least XBIZ wrote one artilce about it, of course that was the day after I called them and asked why they never wrote about it.

    And all the AIM credit card records were there too, you know the ones with all the charges they rang up in Beliz. And you all think that AHF had anything to do with AIM closing? LOL

    And again, I wonder who else might have copies of every single one of those indemnity agreements? Hmmmmm.

  3. gfy

    The law says “clinical laboratory test results OR any other related results for HIV antibody tests…”

  4. jilted

    EVERY SINGLE major laboratory in the United States, Quest, Labcorp,ARUP,Specialty, and the vast majority of smaller independent labs, ALL use internet based reporting systems.
    The original system used by AIM, called LABDAT, was the very first HIPPA approved medical reporting internet system.

    Put “internet reporting of medical lab test results” in a google search and you will see thousand of articles about sending results via the internet.

    Check out this link,,its long and boring, but hey, I am very proud of it. I put many, many hours into this project.

    http://www.healthit.gov/sites/default/files/rules-regulation/290-05-0015-final-508-state-clia-law-report.pdf

  5. Tokyo_Boy

    I can direct you to writers at some interested papers in Charleston if you want to open the Kulbersh can of worms.

  6. RiccoMarin

    Somebody open up something. Its too fucking quiet and looks like nobody is shooting in the Valley right now.
    Will somebody please catch HIV or spread something around
    and make some fucking news.

  7. LurkingReader

    Yes that is a loophole along with AB446 signed into law 10/5/13 that made a couple more advantageous changes.

    One loophole they can’t get around is the requirement for a California medical license…which THU definitely doesn’t have. Haven’t looked up Kulbersh so can’t say there however he isn’t the ordering physician he is just the ‘care of’ for the laboratory account.

    A few years ago a bill was introduced to try and force Cal to offer certificates for physicians licensed by other state medical boards but that didn’t fly.

  8. LurkingReader

    As to FSC and all their pet barkers staying mum…did you expect anything else. At this point they’re squirming like preparation H was never invented for a serious pain in the ass.

    Lawyers salivating over the potential payday prolly said…STFU right before they wiggled a bit deeper into executive lounger, ..shut that shit down, then asked how much info is in the wild:) prolly told them treat curious pet barkers like mushrooms and keep a straight face when ya tell them..it’s being handled 😉

    I’m sure no lawyer advised disappearing the AIM docs but this isn’t a case where they got a known storage facility, they got unknown quantities of screen shots subject to subpoena by people pissed about having their shit hacked. Good Luck getting around that shit.

  9. LurkingReader

    @erik

    Now that the piss puddle is cleaned up…WTF…yer kidding right? The whole point of the FSC is getting around the laws they don’t like while distorting those same laws to tell folks to stand up for their first amendment rights and any others they feel like tossing out there when any other agencies or organizations try to enforce the laws they haven’t managed to change to their liking.

  10. LurkingReader

    @mike

    It’s a little hard to take time to respond to these revelations when Duke and Cachepero are jumping from one multi-day event to the next. X-biz and AVN are too busy attending and reporting on the wonderful contributions FSC is making to ASACP, censorship and the new and improved Ethics logo they are pimping uh Em promoting…lots of detail about the great logo but not a fucking word on the actual ethics they promote. At least this way they can’t be called out on that bullshit too.

  11. jilted

    AIM’s records were never “Hacked.” All of the information that showed up on that website,which is still up and running today, could have come from any person who had one of the MANY passwords, or from any volunteer who might have been helping AIM with a project at that time and was given a password.

    “Thats some very interesting speculation Mr. Jilted.”\

    I NEVER SPECULATE!!!!
    I wonder who else has all of the patient information that showed up on that site? Actually I dont wonder.(ps, its not me)

    The disappering AIM files had nothing to do with patient records, It was all about the idemnity agreements that producers signed when they got an AIM password. That is what the lawsuit by Desi and Eli Foxx was all about. The indemnity agreements had provisions that said the signator wouold be responsible for any illegal access and use of the medical files, which was actually every single time anyone used the illegal passwords. Labdat was not an AIM database, it was the laboratory reporting system, but that is not where the information came from. The information came from a seperate database that AIM had, and only employees,(and volunteers) had passwords to that database.

    For the last couple of year the AIM database that everyone had passwords to was built to look like actual lab resutls, like Labdat, but they werent. What you saw was not a result from the lab, although AIM made it look like it was. each one of those files was independently created by an employee at AIM, who just filled in names, ID numbers, and results into a pre made template. Nobody knew the difference, well almost nobody.

  12. jilted

    Think of it like this Erik. The California Highway Patrol is in charge of enforcing the speed limit laws on the highways. but every day millions of people break those laws, and only a tiny percentage ever get cited. Do ya get it now?

  13. LurkingReader

    @Jilted

    was pointing out the difference btwn a single site storage facility that they had control over and the unknown quantity of screen shots that they don’t control and lost any hope of shutting down when their pets decided they had a right to know what their enemies were up to by hacking computers.

    did i miss something? who said you were speculating?

  14. erik2690

    Yes, so Mike has appointed himself to call the cops to report that someone is speeding? Your analogy right? He claims a doctor “could very well be some criminal wrong-doing here”. I mean report him to authorities or make a blog post?

  15. LurkingReader

    @erik

    Are you implying that expressing an opinion about someone’s actions is tantamount to chasing down a cop and insisting that they be arrested from the objectionable activities?

    Perhaps you are under the idea that Free Speech is merely a means to speak about what specific people want to or like to hear? Has it occurred to you that putting public information and opinions about that information on a blog or twitter isn’t exposing them anymore than they already exposed themselves. Agreed that people whose ass is hanging out may not like it but that’s what happens when ya hang yer ass out.

    How do you feel about having your free speech intimidated by those who don’t like what you say…by hacking into your devices and posting personal information on the web as part of their hatchet job to discredit messengers of an unpopular theme? Is that okay cuz they don’t have a .gov email or prosecutorial authority?

  16. jilted

    Wrong again little grasshopper. My analogy said nothing about reporting anybody,,and in this case Mike, me, and everyone else here old enough to drive, which probably excludes you, is guilty of the same offense.

    youre reaching for any little straw to make an argument you cant win, simply because you dont know what youre talking about. I’ve had pictures of my sisters face photoshopped onto vulgar pictures and posted on the internet, I have had people send vicous emails to the places i have worked to try to get me fired, I’ve had threatening notes taped to my front door. As far as you go, you can kiss my ass and take your little troll self to the kiddie section of the bookstore and listen to the nice lady read you The Cat In The Hat, then have your milk and cookies and go to bed.

  17. erik2690

    What are you prattling on about? I wrote a comment you didn’t agree with. Why are listing your life troubles?

  18. erik2690

    I mean your implication that I’m the child juxtaposed with you getting worked up and calling names is a little funny.

  19. erik2690

    What are you talking about. Saying you don’t agree with what is written does not equal saying not to write it. I didn’t say “Don’t write that”. I said what was written was pretty weakly bolstered by fact or evidence. This post is flimsy “what does it all mean” portrayal of people who Mike sees smoke around. I was saying just that, not saying “don’t write this” or “you can’t write this”. Big difference. Free Speech doesn’t mean I can’t say it is a convoluted theory.

  20. erik2690

    Just to be clear my reference was specifically about claiming criminal conduct might be present. Not about giving a negative opinion.

  21. jilted

    Erik,
    You havent a clue what this industry is about, On any other adult industry forum your ip adress would be traced, and you would be outed to your school, work, and family for participating on a porn forum. You havent a clue how these people operate, or what theyre capable of.
    Much more often than not your opinions are based on a complete lack of actual knowledge of the topics being discussed, sorry, but thats the gods hones truth.
    And you couldnt work me up on your best day. Dealing with little douchwipes like yourself just comes with the territory. Having dealt with the adult industry for years has been a good training ground for dealing with little trolls like yourself.

  22. erik2690

    You are a troubled individual. No one is being rude to you. You take that on without any instigation. You’re argument is so logically stupid. You’re saying that I know nothing and my opinions suck. Why are you responding to my comments? It makes no sense. I’m sorry I don’t have your “actual knowledge” a.k.a opinions. I’ll try to become more like an angry idiot and maybe my “actual knowledge” will line up more closely to yours.

  23. LurkingReader

    @erik

    First comment…ooooh conspiracy…
    Second comment…aren’t there agencies to address law breakers
    Third…questioning the right of someone using their site to exercise their free speech additionally painting that free speech as some type of prosecutorial threat.

    Then spin spin spin to try and whirl yer way out of being called on that shit.

  24. LurkingReader

    What’s flimsy about the post? Is there nothing to support stated links between the public information? What’s weak about standard public data used to verify ownership and the publicly posted data posted by the owner being the same? Do you need a rock to hit your head before you believe someone threw a rock at your head?

    You haven’t expressed disagreement with the content of what’s been posted…you are debating the purpose of its posting.

    Okay…flimsy…seeing smoke…it seems you not only let a few rocks hit ya but wouldn’t consider keeping a bucket of sand/water near the bonfire either.

    Respecting your free speech is exactly why the owner of this site allows you to express your inane characterizations, lets us point out that it isn’t dissent but misdirected attempts to discredit vs refute and then lets you cry foul for being called out on bullshit.

  25. erik2690

    I questioned no right to do anything. That’s a flat lie. I questioned the validity off all these claims. Never questioned the right to make the claims. Those are very different. By your logic. Your comment is questioning my Free Speech because you said my comment sucked. That’s not what questioning free speech means. Please quote, meaning in quotes show where I “questioned someones free speech”. And I didn’t say there was a prosecutorial threat. Almost the opposite. I was saying that the claim of law breaking the law was flimsy, not genuine or prosecutorial. Again, saying the post is conspiracy or BS is my free speech, not questioning his. Saying “don’t write this” is limiting his speech. Calling the speech BS after the fact is no way a free speech limitation. You seem to be confused. Agree/Disagreement does not equal Bolstering/Hampering free speech.

  26. erik2690

    Who’s crying foul? You are the one saying I’m trying to limit free speech. Talk about crying. This is a comment section. Maybe if I posted “First” you’d have an argument. Just making comments you find too inane or just dissenting is not my issue. My comments don’t have to make you agree in ANY way shape or form. Don’t act like my comments have to follow some “comment rule book” you invented.

  27. erik2690

    Flimsy as in not convincing me of any notable trouble or “criminal wrong-doing”. That’s what I meant by that. As in he places some connections from person to person to company, but nothing terrible took place that we know of.

  28. jilted

    My “actual knowledge” comes from years of working in the industry, meeting and dealing with hundreds, if not a thousand or more performers, agents, producers, and owners. Assisting companies by writing their IIPP and OSHA compliance manuals, along with helping create the protocols for the original industry testing clinic. And paying for, out of my own pocket, over $30,000.oo total for testing, treatment, and bus tickets home for performers.

    Erik, where does your ‘actual knowledge’ come from?
    Hey Erik, have you ever sat in a room with a 22 year old girl and told her she tested positive for HIV? Try it sometime, and then talk to me about “actual knowledge.”

    And your actual knowledge on these issues will never come close to mine, Mikes, or anyone else here.

  29. erik2690

    What is your point? Do you want to create a site where only people you approve of can comment. Go ahead. Until then what is your point. You have no obligation to read or respond to my comments. I am allowed to comment though. You spending money or telling someone they have a disease has no bearing on my agreement with your opinions. There isn’t even evidence to say that any of your claims are true. But, even believing they are doesn’t change much.

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