Revamped AB1576 Porn ‘Protective Equipment’ Bill Adds Medical Record-Keeping

AHF and its assemblypuppet Isadore Hall take another stab at writing legislation with their latest revision of AB1576.

This is another poorly written attempt to pull the adult entertainment industry into a record-keeping nightmare in addition to the requirements for universal condoms AND testing.

Now AHF / Hall have removed the word “condom” and replaced it with “personal protective equipment*” to try to use the Cal/OSHA lingo.

Even without the word ‘condom’, the equipment referred to is definitely condoms, dental dams, and latex gloves.

Legislative Counsel Digest Introduction Excerpt:

This bill would additionally require an adult film employer’s injury prevention program to include a log of information for all scenes produced or purchased, including, but not limited to, documentation that each time an employee performing in an adult film engaged in vaginal or anal intercourse, a protective barrier personal protective equipment was used to protect the employee from exposure to bloodborne pathogens and each employee performing in an adult film was tested for sexually transmitted infections according to specified recommendations not less more than 14 days prior to filming any scene in which the employee engaged in vaginal or anal intercourse and that the employer paid for the test. Because a violation of the act would be a crime under certain circumstances, the bill would impose a state-mandated local program by creating a new crime.

Here’s the pertinent section:

(i) (1) An adult film employer’s injury prevention program shall include a log of information for all scenes produced or purchased, including, but not limited to, documentation that:

(A) Each time an employee performing in an adult film engaged in vaginal or anal intercourse, a condom or other protective barrier personal protective equipment was used to protect the employee from exposure to bloodborne pathogens. This paragraph shall not be construed to require that the condom or other protective barrier personal protective equipment be visible to the consumer in the finished film.

(B) Each employee performing in an adult film was tested for sexually transmitted infections, including, but not limited to, HIV, according to the recommendations of the Centers for Disease Control and Prevention and the State Department of Public Health current at the time the testing takes place, not less more than 14 days prior to filming any scene in which the employee engaged in vaginal or anal intercourse and that the employer paid for the test.

(2) For the purposes of this subdivision, “adult film” means any commercial film, video, multimedia, or other recorded representation during the production of which performers actually engage in sexual intercourse, including oral, vaginal, or anal penetration.

 

Just for a moment, focus on the record keeping requirement:

A producer would be required to keep a log of each scene that includes:  the performers, their STI test results, the intercourse that occurred in the scene, and information regarding the “personal protective equipment” used in the scene.  Further, a producer or purveyor of adult content would also need to keep the same log for all content purchase NO MATTER WHERE IT COMES FROM.  If we have a California production company that purchases content created in Florida or France, that company would be required to keep the same log.

This requirement would force producers to retain and control medical records of performers for decades.   Maybe AHF wants production companies to be shackled with maintaining medical records for thousands of performers, but producers should never want production companies to be mandated to maintain medical records for performers.  Yes, test results are medical records.

This makes me wonder ….. was AHF not getting the traction they wanted in Sacramento so they decided to tone down the “condom” talk?  Did Cal/OSHA ask AHF and Hall to change the language to “personal protective equipment” to be more in line with the current regulations?  We’ll know more on April 2^nd in Sacramento.…