New HampshireDepartment of JusticeOffice of the Attorney General

News Release

For Immediate Release
February 28, 2021

Brandon H. Garod, Senior Assistant Attorney General
Consumer Protection and Antitrust Bureau | (603) 271-1217

Attorney General Resolves Allegations of Unauthorized Practice of Nursing and Consumer Protection Act Violations Against the Radiation Center of Greater Nashua and Elizabeth Gray

Concord, NH – Attorney General John M. Formella announces the filing of Assurances of Discontinuance with the Nashua Regional Cancer Center, Inc., known as the Radiation Center of Greater Nashua (Radiation Center), and with Elizabeth Gray, the then-Executive Director at the Radiation Center. The assurances resolve the Attorney General’s investigation related to allegations of unauthorized practice of nursing and consumer protection act violations.

The Radiation Center provides radiation therapy services to patients diagnosed with cancer. The Radiation Center is jointly owned by Mary Hitchcock Memorial Hospital, Southern New Hampshire Medical Center, and St. Joseph Hospital. Gray is licensed as a registered nurse (RN) in Massachusetts but Gray has never been licensed in New Hampshire.

The Attorney General alleges that Gray, while employed as the Executive Director, engaged in one or more acts that violated the Consumer Protection Act by describing herself as a nurse to patients at the Radiation Center. The Consumer Protection Act prohibits any unfair or deceptive business practice in the conduct of any trade or commerce, including representing that a person has a sponsorship, approval, status, affiliation or connection that such person does not have. The allegations include that she used the RN designation on her business cards, Radiation Center email, and on an identification badge worn at the Radiation Center.

In addition to the allegations relating to Gray, the Attorney General further alleges that the Radiation Center did not investigate these allegations when they were presented to the Board of Directors. The Attorney General further alleges that Gray could not supervise other registered nurses unless she was properly licensed in New Hampshire.

As a result of the assurances, which are in effect for five years, the parties agreed to injunctive terms to implement further controls within the Radiation Center and to implement procedures for any future allegations or investigations within the Radiation Center. Gray agreed not to supervise nurses or practice as a nurse in New Hampshire unless and until she obtains a New Hampshire RN license. Gray further agreed not to engage in any conduct which may cause a likelihood of confusion or misunderstanding that she is licensed as a New Hampshire RN.

Under the terms of the assurances, the Radiation Center agreed to pay $45,000 in investigation costs, and Gray agreed to pay $2,500.

Both Gray and the Radiation Center were fully cooperative with the investigation and both parties deny they violated any laws, including the Nurse Practice Act and the Consumer Protection Act.

Assistant Attorney General Gregory M. Albert of the Consumer Protection and Antitrust Bureau prosecuted these cases.

New Hampshire Department of Justice
1 Granite Place South | Concord, NH | 03301
Telephone: 603-271-3658