Statement on PASS Partnership Oversight and Review
PASS was recently notified of an administrative discrepancy in the way Clear, one of our testing partners, displayed test results for a small number of HIV+ individuals with undetectable viral loads.
Based on our review to date, we have found no evidence of risk to the health or safety of performers in the PASS system. This matter was strictly related to policy compliance and our responsibility to apply our standards consistently.
We promptly raised the matter with Clear, who was responsive and cooperative throughout the review process. Clear has confirmed this was an administrative error affecting a small number of tests. However, any reporting error should be taken seriously and requires corrective action.
As part of our commitment to continuous improvement, PASS is strengthening oversight and auditing procedures. In the matter of this particular issue, we are asking Clear to submit additional documentation to PASS, including a root cause analysis, evidence of corrective action, and evidence of structural safeguards to prevent recurrence.
To promote continued compliance and clarity, we would like to remind our community of key policy standards and facts about HIV:
Due to compliance with disclosure laws and industry standards, HIV+ individuals are unable to be cleared in the PASS database.
HIV+ individuals who maintain a viral load under 200 copies/mL are unable to sexually transmit the virus.1 This is often referred to as having an “undetectable” viral load.
HIV+ talent with undetectable viral loads can safely have sex with other talent. PASS has issued work clearance guidance specific to HIV+ talent for productions needing a reference policy, which involves appropriate documentation and compliance with local disclosure laws.
We appreciate Clear’s collaboration in resolving the issue and remain committed to transparency, accountability, and maintaining the trust of our community.
¹Eisinger RW, Dieffenbach CW, Fauci AS. HIV Viral Load and Transmissibility of HIV Infection: Undetectable Equals Untransmittable. JAMA. 2019;321(5):451-452. doi:10.1001/jama.2018.21167
Questions & Answers
Is there a risk to talent health or safety?
No. We do not believe this matter poses any risk to health or safety, nor do we have any evidence that these test results were used by the affected individuals to misrepresent their testing status. This action relates solely to policy compliance and governance standards.
What was the specific issue?
Some individuals living with HIV received ‘nonreactive’ in the display of their HIV Antibody & Antigen test results. All affected tests were from people whose HIV status was known and were maintaining undetectable viral loads.
While there will always be some possibility of statistical error in any clinical test, HIV Antibody/Antigen tests are expected to produce ‘reactive’ results in people who have been living with HIV regardless of their viral load.
Does ‘undetectable’ viral load mean HIV cannot be detected?
No. An “undetectable” viral load is a colloquial term meaning the amount of HIV in a person’s blood is below the threshold that standard RNA tests have historically been able to measure*. Scientific studies have repeatedly demonstrated that HIV cannot be transmitted in viral loads under 200 copies/mL, and the transmission risk is effectively zero in viral loads under 1000 copies/mL.
It does not mean HIV has been eliminated from the body. HIV can remain in certain cells and tissues, which is why treatment must continue even when someone feels well. With consistent use of antiretroviral therapy (ART), many people reach and maintain an undetectable viral load. Doing so protects their immune system and means they cannot sexually transmit HIV to partners (U=U: Undetectable = Untransmittable), as long as they remain on treatment and engaged in regular medical care.
*Commercial labs now result in viral loads as less than 50 copies/mL or less than 20 copies/mL thereby providing a “buffer” between actual results and evidence-based data of up to 200 copies/mL as unable to transmit the virus.
Will you provide updates?
If there are material developments or a change in status, we will share updates as appropriate.
