The name David L Kulbersh MD raised a lot of eyebrows yesterday, and rightly so. A lot of people are wondering what his connection to porn is, I mean he is a respected OB/GYN in Irmo, South Carolina. How did he end up in the PASS database as a performer?
Let’s be clear, there is no issue whatsoever in my mind with Dr Kulbersh being on this advisory board, what does raise a huge red flag is his inclusion in the performer testing database. That seems to imply that he is, somewhere along the line, having sex with performers. Performers have been conditioned to believe that if you are in the PASS database it is safe to have condomless sex with you. I get Peter being in there as well as Diane, I can see where they would want to have sex with talent I also get Joanne being in there but never having been tested. but I don’t get this obscure OB/GYN from irmo South Carolina, and nobody seems willing to answer as to what his connection to all of this is.
The name Kulbersh seemed to ring a bell and so I started digging and I found out why. Remember back when The FSC had their super secret meeting with producers where they unveiled their “medical advisory board”? Well guess who is on that board….David L Kulbersh MD. Now I would agree that Doctor Kulbersh was a good choice, certainly a better one than the plastic surgeon who sits on the board, but how in God’s name did a doctor from a small town in South Carolina end up associated with the Free Speech Cabal, and why is he listed in the PASS database as a performer?
Take a look at the PASS entries for Joanne Cachepero, Diane Duke, Peter Acworth and David Kulbersh. Notice that Joanne’s says “no tests on file.”
In order to get the red X that’s on Kulbersh’s page, or Diane Duke’s (who shows as available at the time this was run) or Peter Acworths they would have had to have tested through PASS otherwise his status would be the same as Joannes.
Take a look at Joanne Cachepero’s entry in PASS:
Now Look At Diane Duke’s and Peter Acworth’s
Now Look at Dr. Kulbersh’s
40 Responses
Who Is David L Kulbersh MD and What Is his Connection To Porn http://t.co/hLFN6mgLi3
I think you just answered your own question. If he was on the medical advisory board, he very well would have set himself up as a beta tester. There’s no reason to think that he was having sex with performers anymore than Diane was. C’mon, Mike.
Except in order to get that red X he would have had to have tested at some point through PASS otherwise his status would read the same as Cachapero’s. If he didn’t test and his entry is indeed a mistake, then what does that say about the integrity of the PASS database?
A doctor who is a beta tester, he might very well have given himself a STI test in order to test the system.
So are you saying Diane Duke tested as well?
Yes Diane was tested and as of the time this PASS query was done she was available for work
But that’s just a theory. Another theory is that she did not test and her status on the PASS database is an error. Either way though, the implications are concerning. If she did indeed test, then why? Is she fucking the talent? If she didn’t test, then it’s clear there are serious flaws with the PASS database. How many other performers are listed as “clear” when that may not be the case?
Who Is David L Kulbersh MD and What Is his Connection To Porn http://t.co/hH13hPYieA
@mikestabile
Lmao
Please explain what you mean by “beta tester”
Are you implying that he was testing the proposed protocol of the medical advisory board? How would that be relevant if he isn’t part of the talent pool…targeted population.
Testing the database relational tables? Wtf are you trying to sell us?
What exactly does the red x coupled with n/a in date field indicate? Also curious as to why these names come up with different presentation (fields) than the performer test posted in December. That test included “clinic” and “expired” in the 14 day field.
Joanne showing up with not tested included makes sense as a name for testing the database tables.
The red X with an n/a in the date category shows that the person was tested but the test has expired. If Mike had went into the database one screen further I suspect that a list of past tests and expiry dates would have been shown on screen.
@mharris
Tyvm
Slow news day
Back in September, there was a post by Mike concerning performer privacy on the PASS database, He wrote:
“There’s a section where you can search for performers by real name. When you enter two or three letters into the search field, a drop down menu opens up with a list of performers who’s names begin with those letters and are in the database. For instance, when I start to type “Mic” into the search field, it pulls up The full real name of every Michelle or Michael that’s in the database and whether or not they are cleared for work. If I put “Jen” into the search field, it pulls up every Jen, Jenna, Jennifer, or Jenkins. These are performers’ LEGAL NAMES and not stage names.”
This is a MASSIVE violation of patient privacy and HIPPA law. Every name on the database represents a separate violation and each time that info is accessed would constitute a separate violation. A “clear to work” designation indicates that a performer has gone to an STI testing facility participating in PASS, and had tested negative for various STIs. California law prohibits unauthorized release of medical information, including STI test results. Even acknowledging that a performer was tested, regardless of what the results were, is a violation of HIPPA law.
This is from an article written by AHF attorney Brian Chase titled: “An analysis of potential liability within the adult film industry stemming from industry practices related to sexually transmitted infections.” He writes:
“Any release form authorizing disclosure of STI tests to multiple, unnamed adult film producers would be of questionable legality. California Health and Safety Code section 120980(g) provides that “[w]ritten authorization is required for each separate disclosure of the test results, and shall include to whom the disclosure would be made.” California law simply does not provide for blanket disclosures of private medical information to an unknown number of unnamed people. California law sets damages for disclosures of private medical information at $1,000 per violation pursuant to section 56.36(b)(1) of the California Civil Code, and punitive damages up to $3,000 per violation pursuant to section 56.35 of the same. Considering the sheer number of times STI results are accessed by the producers of adult films, the potential liability of the facility providing access to the results is enormous.”
It is in fact possible for any of the three listed results to present if the accounts in question were part of a beta test, and the database information has not been subsequently updated.
For example: In Diane’s case lets say the database records her as having passed the STI test in the pass fail field, and no entry in the date field. The code of the page or PASS application used may go something like IF(STITest=Pass & (TodaysDate – TestDate) >= 14days), Tick, Cross);
Not saying this is what has happened, but I think the only way to clear up what is going on with this database is to get in contact with who set it up, and have them investigate and clean up any database discrepancies.
Billy, you should never allow your ignorance or apathy regarding a subject to allow you to dismiss it as irrelevant, to many this is a big story, as is indicated by todays traffic. The repercussions from this story could be huge and certainly could effect you, how you choose to accept this story is up to you…..
@GFY,,,you are absolutely right. I have been writing this same shit for years on industry boards, though it usually gets me banned.
That is why AIM “willfully and intentionally” destroyed the indemnity agreements that the producers signed with them to get their LabDat passwords. In those agreements the producers agreed that they would be held liable for any unauthorized use, and in reality, every single time they looked up someones test results they were breaking the law.
Brian Chases paper, which Mike featured here several months ago is spot on. Fortunately for the AHF attorneys, copies of those producer indemnity agreements still exist, and the potential liability is staggering, beyond staggering.
PASS says they dont disclose medical information, but the indeed do. It does not have to be a direct disclosure of the actual results to be a HIPPA violation. By setting the protocol that gets you listed as available, you are in fact telling everyone when someone tested, what tests were done, and what those results are, and that my friends is a HIPPA violation no matter how you cut it. WHY they havent been called on it yet, well, it just lack of enforcement, but that too will come as sure as the sun sets in the west.
These screens from PASS are what a performer would see when logging in. The more detailed PASS screenshots that you’re referring to are what the producer sees.
You are welcome, Lurking. Glad to be of assistance.
At the end of the day, my question probably doesn’t matter, but your headline (Who is David L. Kulbersh, M.D. and what is his connection to porn) is still the right question. I’d want to know:
Given that there are at least one or two Ob/Gyns working in Los Angeles – and I’m willing tot be there are at least three licensed in the state of California – why did porn choose some doc living in a town of 500 near Columbia, South Carolina? There’s an “only in porn” story in there somewhere.
Second, and more important, why would an Ob/Gyn living in a little town near Columbia, South Carolina, who has seemingly little to gain and a lot to lose if his affiliation with the industry becomes public knowledge, want to risk his reputation in return for a few bucks from FSA?
Again, there’s an “only in porn” story in there somewhere that we’ll probably never know unless the Columbia, South Carolina newspaper (The State, for those who may want to leak it) starts asking questions.
@BT…wouldn’t this be good information for the State Medical Board?
Not for me to say. But unless I was trying to make my name as the porno gyno, I wouldn’t want to defend my participation to the powers that be.
So taking the test, even if you are a doctor, means you are taking the test to have sex with the other people in porn? I don’t see how you get from A to B. You’ve shown that 1 of the docs on the advisory board along with others that aren’t performers have tested. That seems to be it.
I’m not even sure I understand the scandal if he has had sex with people in porn and that’s a leap that still doesn’t have evidence.
I also think he was just likely a beta tester.
The conspiracy theory option is that he was bribed with sex from a performer and the performer insisted that he be tested.
btw been lurking here for a couple months.
@erik with a k….yes I think it does mean that….as stated previously the whole purpose of the PASS database is to let others in the porn industry know who’s safe to have sex with (as of testing date) previous to employment/porn performance… why else would you agree to let your others know you even tested… the conflict of interest is not difficult to reach and there’s several….if the doctor that pays for kink tests and also works in the industry… may also have an interest/influence in the outcomes…direct or indirectly…additionally a doctor participating in said program would also be condoning this as a safe sex measure…contrary to the beliefs of the Medical Field (I think someone explained that better earlier)…not to mention possible legality issues in regards to practicing State and any rules regarding association….and I’m sure more conflicts and ethical issues others can add…A doctor having sex with a performer that they may be dating or met at a bar is a whole different matter….but I’m sure in the area this doctor’s from would still be considered scandalous…
oh okay…just read all the comments addressing your questions about this matter on the “former Kink.com employee writes” post….I’m a little late to the ball:)
Isn’t there anything a bit morally questionable about putting this doctors name in all of these posts, that at the very least imply wrong doing, when you have such flimsy, assumption filled evidence? Based on what you truly KNOW do these posts deserve to be in this guys Google search results?
So are you saying you’ve assumed sexual contact with no evidence? Their are other non-performers in the database. So the fact that a doctor would have STD test results in the system that he tests people in is evidence of what? Why would he not want to test the system that he is working closely with. I mean all of your above comments make leaps and assumptions that their is no clear evidence of. You literally know that he had a test that was entered into this system at some point. It’s pretty easy to argue you don’t even truly have that, considering these are just screenshots and guesses. That should be the name of these posts “Screenshots and Guesses: Because in the absence of evidence of evidence or another side of the story, lets assume”. It’s a long title.
– 1 of evidence
@erik2690 aka everything is a moral issue
Isn’t there something just a wee bit morally wrong with you assuming and presenting the opinion (without a single piece of substantiation or corroborative evidence) that this MD got his name listed in the PASS database related to somehow TESTING the system?
First….explain this fucked up theory…yes I’m out of patience…it’s a fucked up theory!
Second…back that shit up….IG his index number is one of the first ten entered into the database or other medical advisory board MD’s inclusion in the PASS system.
Have you done a google on this guy? I have…guess what his revenue streams aren’t just a little bit related to the adult industry…they are ALOT related. This OBGYN is affiliated with vaginal rejuvenation and cosmetic surgery in addition to nationwide kulbresh health screening services which is a nationwide network of providers and testing services via LabCorp and Quest.. in his daytime name…I also found his alias of David Lee Burns that he isn’t trying to hard to hide having repeat references to shared phone and addresses.
To end any foolish questions about my ideals….morally speaking….there is not one iota of issue with his chosen revenue streams or the services he provides to the industry.
The question of WHY a MD who might be as you point out concerned with a google search…leaving his name in the PASS system? Even if he was included for beta testing the database it’s simple to delete an entry and further could have been the beta for purging inactive/former performers. Why is this MD allowing any Tom, Dick or Harry agent/producer not bound by HIPPA the opportunity to reveal that he is in a STD testing database?
Now remember this isn’t a dumb guy…he not only went through medical school but earned additional specialty certifications. He has steadily been opening and maintaining viable companies and revenue streams…this isn’t someone who lets little details slip by.
@EriK…..well when there’s a particular program (database) designed for a particular purpose (checking STD test outcomes pre- performance) and there are hundreds of performers on the database (with the exception of maybe two or three people)….it’s sure curious and worth contemplating….especially if there’s a possible ethical issue that may negatively effect others….or at the very least just effect others… I’m not assuming sexual contact, but I am able to discern something seems out of place…but who knows, maybe there is an alternative explanation that has yet to be addressed…or perhaps that Bata testing theory is more likely…to soon for me to conclude my judgment.
No. Innocent until proven. My theory goes with that. Your and Mike’s theories assume wrong doing and must be proven. Me tossing out a theory in the comments is not the same as putting a persons name on the post implying wrong doing. Both are THEORIES. That’s where the similarities end.
No I haven’t Googled him. I don’t get that caught up in these weird tangential porn issues.
So… you guys are to porn as Reddit is to Boston Marathon bombers? Faux internet sleuths trying to identify wrong doing. Isn’t there systems in place to keep his ethics in check? Or do you believe it falls to MikeSouth.com commenters to look after the women of South Carolina?
Yes Erik, there is a system in place. And the good doctor will be seeing exactly how that system works very shortly. As I said to you in the other thread young grasshopper, what on earht makes you think all of the cards have been laid out on the table here? This is porn, SELF REGULATION, that means we make our own rules. We use the rules we like, we ignore the ones we dont like. If the good doctor thinks he is being slandered here let him take the legal action that keeps this type of activity in check, just like the state medical boards keep doctors in check.
You arent doing the good doctor any favors Erik. Erik, did you even now what conflict of interest means, or the appearence of a conflict of interest.
And you, young Jedi, are like those three little monkeys when it comes to the porn industry, Hear no evil, see no evil, speak no evil. Yes, deaf dumb and blind.(always gets a replay, never tilts at all)
@erik2690
Asking questions and expressing opinions on this forum is far from playing cops and bombers.
Lmao “Faux internet sleuths trying to identify wrong doing.” makes you the caped and masked crusader of Faux internet comment forum sleuthing to identify wrong.
Opinions expressed here have no bearing on systems that require “complaints” to act.
Lastly…despite questions relating this guys inclusion in PASS and theories relating possible behavior applied to docs serving commenters no one has even mentioned let alone questioned the services he provides to patients in SC or elsewhere.
Your comments are weird and hilarious. Young Jedi = Padawan just so you know. No one would refer to a young jedi as Young Jedi.
@erik2690
Internet forum sleuthing again?
Correcting his Star Wars terms is equal to playing Medical Ethics online?