BioCeuticals Clinical Supply and Sale Policy
1. Section 1 - Requirements for Supply
1.1 Retail accounts without a private clinic do not qualify for the supply of this range. Retail accounts with a private clinic may only supply this range within the clinic and may not supply this range within the retail store.
1.2 BioCeuticals Clinical is available to be sold to patients by Qualified Healthcare Professionals, who can demonstrate they practice from within a private clinic space. The practitioner who will sell to patients will need to provide details of a Government Accredited Healthcare Related Professional Association to qualify for supply. This range is available to be sold to patients by accredited college clinics, who are under full time supervision of a Qualified Healthcare Professional.
1.3 This range is only available for purchase by undergraduate students who are in their final year of training to become a Qualified Healthcare Professional and only for personal use. Newly graduated students must reapply to BioCeuticals (or the distributor appointed by Bioceuticals in the relevant territory (‘Distributor’) and all references to ‘Bioceuticals or its Distributor’ should be read with the words ‘(as applicable)’ added) or such other person as BioCeuticals may require for access to the BioCeuticals Clinical range as a Qualified Healthcare Professional as stated within this policy.
1.4 The Qualified Healthcare Professional listed as the core business practitioner for a private clinic account with the Distributor will be held responsible for all aspects of supply to patients and use of BioCeuticals Clinical. This includes ensuring payment of account to the Distributor, dispensing and compliance with either (at the election of BioCeuticals) BioCeuticals Standard Terms and Conditions (accessible here:https://www.bioceuticals.com.au/pages/about-us/terms-and-conditions) or the terms and conditions of the Distributor).
1.5 Qualified Healthcare Professionals and private clinical practices must be able to supply a registered business name and company number and satisfy periodic site inspections by BioCeuticals or the Distributor confirming they are operating in accordance with this policy.
1.6 Private clinics with existing BioCeuticals accounts with the Distributor will need to read and submit a signed copy of this policy to access BioCeuticals Clinical. Wherever a signature is required under the terms of this policy, BioCeuticals or its Distributor may permit electronic acceptance of the policy (eg using Docusign).
1.7 BioCeuticals Clinical is a secondary category within our Practitioner Only range, and as such, must only be supplied following a consultation. Accounts will be required to demonstrate they have a private area in which to conduct their consultations to qualify for the range. Over-the-counter advice does not constitute a consultation.
1.8 The Qualified Healthcare Professional dispensing (including by Patient Ordering System) BioCeuticals Clinical, will take responsibility for any communications with BioCeuticals or its Distributor with regards to faulty products, adverse reactions or similar for which a patient seeks a replacement or refund. Patients are not to contact the Distributor or BioCeuticals directly for these matters, and in doing so, will be referred back to their prescribing practitioner to complete the correct chain of communication with our Practitioner Support team.
1.9 BioCeuticals Clinical is only available once this policy agreement is signed on behalf of the relevant clinic account and returned to BioCeuticals or its Distributor as part of the application process. Where the policy is returned to a Distributor, the Distributor must forward a copy of the policy signed on behalf of the relevant clinic account to BioCeuticals to gain access to the BioCeuticals Clinical range for that clinic account.
1.10 All Qualified Healthcare Professionals within the clinic must read, sign and return to BioCeuticals or its Distributor a copy of the BioCeuticals Clinical Supply and Sale Policy and other applicable policies in order to be eligible for dispensing BioCeuticals Clinical. ‘Other applicable policies’ may include but not be limited to the 'BioCeuticals Retail Policy’. In signing the policy (and any other applicable policies), you are also agreeing to abide by any future policy amendments (which may be effected by providing you with a copy of the revised policy or notifying you of a change to the policy that is available online).
1.11 It is the responsibility of the clinic account holder to ensure that any purchaser of BioCeuticals Clinical products adheres to the requirements of this policy if the purchaser re-sells the products.
2. Section 2 – Requirements for Dispensing
2.1 BioCeuticals Clinical is a secondary category within BioCeuticals’ Practitioner Only brand, BioCeuticals. As such, products must be supplied to patients under the care of a Qualified Healthcare Professional following a consultation. Consultations and patient records should be maintained according to professional standards and rules of conduct to which the individual Qualified Healthcare Professional is ethically bound.
2.2 BioCeuticals Clinical is designed as a prescriptive range, available only in the context of a relationship between a patient and their practitioner.
2.3 BioCeuticals may provide labels to the Distributor that we recommend be affixed upon dispensing of the BioCeuticals Clinical range. These labels must be signed and dated by the dispensing practitioner.
2.4 BioCeuticals does not condone the dispensing of products on behalf of other practitioners without their written consent. In cases where written consent is not obtained from the patient’s practitioner; the acting Qualified Healthcare Professional who wishes to dispense BioCeuticals Clinical product(s) must assume responsibility of the patient care and treat as they would any new patient.
2.5 BioCeuticals Clinical is prohibited from being dispensed or sold from a retail space, online or via social media.
2.6 A Qualified Healthcare Professional is permitted to use the BioCeuticals-facilitated Patient Ordering System to supply their own patients online if necessary.
2.7 Notwithstanding any other rights of BioCeuticals or its Distributor under this or other policies, BioCeuticals or its Distributors reserve the right to contact relevant Government Accredited Healthcare Related Professional Associations in relation to any issues involving the BioCeuticals brand, products or reputation.
3. Section 3 – Stock Placement & Advertising
3.1 The BioCeuticals Clinical range must be kept in a private dispensing area within the clinic. It must be in an area excluded from public access and out of sight from the general public.
3.2 Pricing of supplements is at the discretion of the dispensing practitioner. BioCeuticals or its Distributor will provide Recommended Retail Prices (RRP) to practitioners as a guide only. Practitioners may sell at a lower price than the RRP at their discretion.
3.3 In light of the importance of BioCeuticals Clinical products being sold only upon the advice of a Qualified Healthcare Professional, BioCeuticals Clinical products are prohibited from being advertised or marketed by a Qualified Healthcare Professional without the prior written approval of the Distributor or a BioCeuticals representative. No price may be displayed or referred to in any advertising or marketing materials. If any approval is granted, considering the importance of BioCeuticals Clinical products being sold only upon the advice of a Qualified Healthcare Professional, BioCeuticals Clinical products are prohibited from being advertised or marketed by a Qualified Healthcare Professional without also specifying that the products will only be sold on advice from a Qualified Healthcare Professional.
3.4 At any time BioCeuticals Clinical product is featured, in advertising or marketing the following wording must appear:
I. In Australia: “BioCeuticals Clinical products are a practitioner only range of nutritional supplements and complementary medicines which are intended to be recommended and/or dispensed by a Qualified Healthcare Professional. Only patients who have completed a consultation with our Qualified Healthcare Professional may have access to purchase BioCeuticals Clinical products”; and
II. In New Zealand: “BioCeuticals Clinical products are a practitioner only range of nutritional supplements which are intended to be recommended and/or dispensed by a Qualified Healthcare Professional. Only patients who have completed a consultation with our Qualified Healthcare Professional may have access to purchase BioCeuticals Clinical products”.
3.5 Any promotion of BioCeuticals Clinical products online is prohibited without the prior written approval of the Distributor or a BioCeuticals representative. If approval is granted, the account holders must comply with the strict requirements as set out in the BioCeuticals Retail Policy.
4. Section 4 – Breach & Complaint Handling
4.1 BioCeuticals Clinical is available under a strict set of requirements as set out in this policy. Notwithstanding any other rights of Bioceuticals or its Distributor under this or other policies any breach of this policy may result in BioCeuticals or its Distributor immediately:
I. terminating one or more of the account/s held in the name of the clinic account holder; or
II. suspending one or more account/s in the name of the clinic account holder for a period of no less than 12 months.This is called the ‘one-strike rule’.
4.2 If you become aware of an instance whereby a practitioner is in direct breach of our policy, please notify BioCeuticals or its Distributor immediately.
4.3 BioCeuticals believes it is the responsibility of the relevant professional associations to uphold the standards of professional conduct in the health industry. As a commercial entity, we are not able to enforce standards of professional conduct of individual Qualified Healthcare Professionals.
5. Defining Qualified Healthcare Professionals
a) To hold a practitioner account with BioCeuticals or its Distributor in Australia, you must be a Qualified Healthcare Professional consistent with Section 42AA of the Therapeutic Goods Act 1989. Qualified Healthcare Professionals must have current membership in a Government Accredited Healthcare Related Professional Association.
b) To hold a practitioner account with BioCeuticals or its Distributor in New Zealand, you must be a ‘health practitioner’ consistent with Section 5(1) of the Health Practitioners Competence Assurance Act 2003.
c) Qualified Healthcare Professionals must have current membership (or be licensed by) a Government Accredited Healthcare Related Professional Association contained in Schedule 2 of the Health Practitioners Competence Assurance Act 2003.
5.2 BioCeuticals or its Distributor requires information specified in clause 5.1 of this policy on file before any product orders can be initiated.
a) In Australia, Qualified Healthcare Professionals who may meet these requirements include but are not limited to:
• Dental Practitioners
• Medical Practitioners
• Traditional Chinese Medicine
b) In New Zealand. Qualified Healthcare Professionals who may meet these requirements include but are not limited to:
• Dental Practitioners
• Medical Practitioners
Acceptance of Policies
In New Zealand, this policy is intended to be enforceable by each of Bioceuticals and the Distributor for their benefit under section 12 of the Contract and Commercial Law Act 2017, notwithstanding that Bioceuticals and the Distributor have not signed this policy.
If you wish to apply for access to BioCeuticals Clinical Products, please login to your account and go to any Clinical Product and apply for your access from there.