BioCeuticals®, BioCeuticals Herbal Extracts & Blackmores Professional Retail Policy
BioCeuticals, BioCeuticals Herbal Extracts and Blackmores Professional (‘the products’ or ‘Bioceuticals products’) are practitioner-only ranges of nutritional supplements. These terms reinforce that all BioCeuticals and Blackmores Professional products are designated practitioner-only and must be recommended and/or dispensed by a Qualified Healthcare Professional in Australia and New Zealand however nothing in these terms restricts any retailer from making its own decision in relation to pricing of products and setting its own prices.
This policy serves to outline BioCeuticals’ position in working with all Qualified Healthcare Professionals, including practitioners employed by retailers such as health food stores and pharmacies (“retailers”) that have an interest in selling the BioCeuticals range of products.
Please note: Any failure to comply with the BioCeuticals, BioCeuticals Herbal Extracts and Blackmores Professional Retail Sales Policy (‘policy’ or ‘the BioCeuticals Retail Policy’) may be considered a ‘strike’ by BioCeuticals or its local distributor. Any failure to correct a ‘strike’ within a specified time period may also be considered a further strike. Once a customer has accrued 3 strikes, BioCeuticals or its local distributor has the right to either:
a) terminate the account; or b) suspend the account for a period of no less than 12 months.
In these requirements, the term “retail stores” or ‘retailers’ includes pharmacies and health food stores
In this policy, the terms “patient” and “consumer” may be used interchangeably.
Defining Qualified Healthcare Professionals
To hold a practitioner account with BioCeuticals, you must be a Qualified Healthcare Professional consistent with Section 42AA of the Therapeutic Goods Regulations 1990 and a member of one of our recognised associations as per Schedule 1 of the Regulations. Qualified Healthcare Professionals must have current membership in a Government Accredited Healthcare Related Professional Association.
Government Accredited Healthcare Related Professional Associations may include but not limited to:
* AAA * AAMN * AESO *ANPA *ASH * CMRB * ICANT * OHPAA * QLDNA * TMCSA * AAA * AANMP * AFH * ANPCA * ASOMAT * DAA * IMA * OSSANZ * QNC
* VBNSW * AAAGP * AAOH * AFNT * ANS * ATCMA * ESSA * NBSA * PBNSW * QPB * VBSA *AAAI * AAPH * AHA * ANTA * ATCNA * FCMASA * NBV * PBQ
* RACGP * VBV * AAANZA * ACACMA * AHPRA * AOA * ATMS * FNTT * NHAA * PBV * RATCM * VNC * AACB * ACACMA * AMA * APA * AVA * FRACGP *NPAA
* PGA * RCVS * VSB * AACMA * ACNEM * ANA * APANSW * CAA * HERA * NPAA * PRB * SCH * AAESS * ACNT * ANHP * APD * CMA * HMA * NRB * PSA * SCMA
*AAHI * ADA * ANMP * APNA * CMA * IAT * NSWRATCM * QCB * SNTR
Qualified Healthcare Professionals who may meet these requirements include but are not limited to:
* Chiropractors * Dental Practitioners * Herbalists * Medical Practitioners * Naturopaths
* Nutritionists * Nurses * Optometrists * Osteopaths
* Pharmacists * Physiotherapists * Psychologists * Traditional Chinese Medicine
In relation to the BioCeuticals Herbal Extracts (BCHE) range, Qualified Healthcare Professionals must hold qualifications in herbal medicine or have studied herbal medicine as part of their Naturopathic qualification.
BioCeuticals, or any appointed distributor, requires this information on file before any product orders can be initiated.
Requirements for dispensing BioCeuticals products in a retail environment
In the case of Qualified Healthcare Professionals working at health food stores, pharmacies and pharmacies dispensing on behalf of other practitioners, BioCeuticals has developed the following requirements. BioCeuticals products may be stocked in a retail environment providing the retailer meets the following criteria:
Section 1 - Requirements for Supply
1 (a) (i) Accounts for a retail store can only be opened once approved by BioCeuticals in their discretion after the BioCeuticals account application terms and conditions have been signed on behalf of a retail store, and a signed copy of this policy, our Online Sales Policy and any other applicable policies have been signed and received. BioCeuticals in its discretion may permit electronic acceptance of the terms and conditions and policies to be used (eg using a Docusign option). The account may be opened under a business name, however the account must have a Qualified Healthcare Professional approved by BioCeuticals or its local distributor with their required Government Accredited Healthcare Related Professional Association details supplied and attached to the account at all times.
1 (a) (ii) BioCeuticals requires the product to be recommended and/or dispensed by the in-store Qualified Healthcare Professional(s) at all times. The BioCeuticals range of products must be under the supervision of the Qualified Healthcare Professional. BioCeuticals products may not be prescribed and sold by non-qualified staff.
1 (b) Standard conditions of account opening procedures also need to be in line with our terms and conditions.
1 (c) (i) In the event that the resident Qualified Healthcare Professional leaves the business, the Qualified Healthcare Professional must inform the BioCeuticals head office, or their local distributor immediately after they have left and the retailer must provide details of their new Qualified Healthcare Professional within 1 week, including qualifications and:
A) in Australia, their current Government Accredited Healthcare Related Professional Association details;
B) in other countries, their membership in a locally accredited healthcare related professional association, approved in writing by BioCeuticals
The new Qualified Healthcare Professional must sign (or if BioCeuticals agrees, electronically accept) the BioCeuticals Retail Policy and any other applicable policies as soon as they commence work within the retailer and return this to the BioCeuticals head office or their local distributor.
1 (c) (ii) Notwithstanding any other rights of BioCeuticals or its local distributor under this or other policies BioCeuticals or its local distributor reserves the right to place a suspension on supply to any account that has not provided the contact details and credentials of a Qualified Healthcare Professional/s employed by the retailer within 1 week of commencement within the store, or the Qualified Health Care Practitioner is not approved by BioCeuticals or its local distributor.
1 (d) To help ensure the quality and efficacy of BioCeuticals products, BioCeuticals does not permit the transfer of stock between retail outlets that do not hold a current, active account with BioCeuticals. This applies even if the owner of the retail stores is the same. Only retail stores which are approved by BioCeuticals, and who employ Qualified Healthcare Professionals which have been approved by BioCeuticals may stock and prescribe BioCeuticals products.
1 (e) All retail account holders must have read, signed and returned a copy of the BioCeuticals Retail Policy (and all other applicable policies) in order to be supplied, and continued to be supplied, BioCeuticals products. Accounts without a signed copy of this BioCeuticals Retail Policy (and any other applicable policies) on file may not be supplied with BioCeuticals products. In signing the BioCeuticals Retail 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). ‘Other applicable policies’ may include but not be limited to the ‘BioCeuticals® Herbal Extracts & Blackmores Professional Online Sales and Social Media Policy’, and ‘the BioCeuticals Clinical Supply & Sale Policy’.
Section 2 - Requirements for Dispensing
2 (a) BioCeuticals products are practitioner-only and should be supplied to patients under the care of the Qualified Healthcare Professional following a consultation. BioCeuticals recommends that standards for consultations and patient records should be maintained according to professional standards set out by the Ethics and Code of Practice (or similar rules of conduct) to which the individual Qualified Healthcare Professional is ethically bound.
2 (b) 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 a BioCeuticals product(s) must assume responsibility of the patient care and treat as they would any new patient.
2(c) The Qualified Healthcare Professional prescribing BioCeuticals, will take full responsibility for any communication with BioCeuticals with regards to faulty products, adverse reactions or similar for which a patient seeks a replacement or refund. Patients should not contact BioCeuticals directly for these matters, and if they do so, will be referred back to their prescribing practitioner to complete the correct chain of communication with our Practitioner Support team.
2 (d) Notwithstanding any other rights of Bioceuticals or its local distributor under this or other policies, BioCeuticals or its local distributor reserves the right to follow up with the relevant professional body where an issue involves the BioCeuticals brand, products or reputation.
2(e) The BioCeuticals Herbal Extracts range is designed for extemporaneous compounding and dispensing by an experienced Healthcare Professional qualified in herbal medicine. This should only be done following consultation with a patient. Products within this range are not intended for individual resale
Section 3 - Stock Placement & Advertising
3 (a) The retailer agrees to position BioCeuticals products in a practitioner-only dispensing area at all times. This area is defined as a place that is separate from the front of store retail supplement area. It must be excluded from public access and out of reach from the general public. If you are unsure, please ask your BioCeuticals representative for guidance.
3 (b) (i) In a pharmacy; acceptable areas include the dispensary S3 or S4 areas, under direct pharmacist supervision. Alternatively products may be kept in a dedicated naturopathic dispensary within a pharmacy, under direct supervision of a Qualified Healthcare Practitioner. Any alternative placement must be in a locked cabinet approved by the designated BioCeuticals State Sales Manager
3 (b) (ii) In health food stores, acceptable areas include; a clinic room, storage area without public access, behind the counter (inaccessible to the public), or in a dedicated (inaccessible to public) naturopathic dispensary under direct naturopathic supervision.
3 (b) (iii) BioCeuticals stock may be located in a Practitioner Prescribing Unit (PPU) supplied by BioCeuticals. The PPU cabinet may only display BioCeuticals products, and is to be located in the dispensary or behind the counter of retail stores. The doors of the PPU must remain locked, and under the control of the in-store Qualified Healthcare Professional at all times. Any alternative placement must be approved by designated BioCeuticals State Sales Manager.
3 (c) (i) BioCeuticals stock requiring refrigeration must be placed either in a BioCeuticals branded refrigerator, or an alternative refrigerator behind the dispensing counter. If the fridge is visible to consumers, the BioCeuticals removable refrigerator sticker must be noticeably displayed over the products. The refrigerator must be under the supervision of the in-store Qualified Healthcare Professional at all times. Any alternative placement must be approved by designated BioCeuticals State Sales Manager.
3 (c) (ii) Use of the BioCeuticals PPU and refrigerator are subject to the specific BioCeuticals PPU and refrigerator terms and conditions of use. Importantly, the BioCeuticals refrigerator must be positioned away from customers reach or behind the schedules counter. In areas where customer reach is unavoidable, the fridge door must remain locked at all times.
3 (d) No promotional price ticketing or similar items may be positioned adjacent or near to any BioCeuticals products.
3 (e) As BioCeuticals products are practitioner-only, and not for self-prescribing, they are not to be represented in consumer-faced advertising or marketing without a clear requirement that practitioner advice is to be sought prior to purchase. No price may be displayed or referred to in any advertising or marketing materials and all advertising and marketing materials are subject to obtaining the prior written approval of the BioCeuticals Brand Manager and Marketing Manager.
Section 4 - Breach & Complaint Handling
4 (a) Retailers will be subject to periodic review in order to determine whether the BioCeuticals requirements are being adhered to, ensuring that fair trade and ethics are met. These standards are an important aspect of BioCeuticals ethical commitment to professional patient care, quality, healthcare and safety.
4 (b) Notwithstanding any other rights of BioCeuticals or its local distributor under this or other policies, if an account holder is in breach of any of the requirements in any of the BioCeuticals policies, this will constitute a ’strike’ against the account holder. BioCeuticals or its local distributor may in its discretion give a time for the account holder to rectify the breach. If the account holder fails to rectify the breach to the satisfaction or BioCeuticals or its local distributor within any time allocated, this will constitute another ‘strike’ against the account holder.
Once an accountholder has accrued 3 strikes, BioCeuticals or its local distributor has the right to either:
a) terminate one or more of the account/s held in the name of the account holder; or
b) suspend one or more account/s in the name of the account holder for a period of no less than 12 months.
This is called the ‘3 strike’ rule.
4 (c) If you believe that at any point any of the BioCeuticals Policies have been breached by an account holder, please contact BioCeuticals and request a “Breach Notification Form” to lodge your concern and allow BioCeuticals to review the situation and take whatever action it considers appropriate.
4 (d) BioCeuticals believes it is the responsibility of the relevant professional associations to uphold the standards of conduct in the health industry. As a commercial entity we do not hold the position to enforce Codes of Ethics of individual Qualified Healthcare Professionals.
Section 5 - Additional Criteria
It is the responsibility of the account holder to ensure that any purchaser of the products adheres to the requirements of this policy if the purchaser re-sells the products.
The sale of BioCeuticals products in an online setting is permitted within a strict set of limitations to ensure that practitioner advice as to the suitability of the product for the consumer is obtained prior to the purchase. Please refer to our ‘BioCeuticals® BioCeuticals Herbal Extracts & Blackmores Professional Online Sales and Social Media Policy’ document for further information and clarification. (http://www.bioceuticals.com.au/pages/about-us/online-selling-policy)
The requirements in the BioCeuticals policies serve only to cover the sale of the BioCeuticals product range. If there is an issue regarding the sale of other practitioner products by unqualified practitioners or unprofessional conduct related to the sale of practitioner-only products, BioCeuticals advises that these matters should be taken up with the relevant professional association. Please contact BioCeuticals on 1300 650 455 if further clarification of modalities is required.