January 4, 2024

Esther Tendo Atam, RN
13621 Arcturus Ave
Gardena, California 90249
Date: _____________
Thomas L. Rinaldi
Supervising Deputy General
For Rob Bonta
Attorney General of California
Ronald Reagan Building
300 South Spring Street, Suite 1702
Los Angeles, California 90013
In the Matter of the Petition and the Order Compelling Medical Examination and/or
Physical Examination of Esther Tendo Atam, RN
(Board of Registered Nursing case No. 4002021005658)
Dear Mr. Thomas
This letter serves as my humble submission in response to the letter from your office dated July
14, 2022, which letter directed me to submit to an examination by a Psychiatrist or Psychologist
selected by the Board of Registered Nursing or its Designee and to contact Kevin Narine at the
Board of Registered Nursing on its e-mail. I have already served submitted a response to the
Board of Registered Nursing, Department of Consumer Affairs, State of California on July 26,
I respectfully object to the order compelling my examination based on several grounds. First, the
Board of Registered Nursing relied on hearsay from a false and defamatory report to find reasons
to compel the examination. It is trite law that hearsay is generally inadmissible. See California
Evidence Code 1200. Here, the Board bases its decision on an account of August 28, 2020,
incident, when staff members allegedly reported that I was having a mental breakdown. On the
contrary, Mr. Edwards, a previous co-worker, started making negative remarks about me to the
hospital’s patients and staff, in an effort to discredit me and make me appear as incompetent and
incapable of performing my duties as a nurse. Further, these actions by the management at
SCPMG were acts of retaliation against me and their effort to portray me as mentally unbalanced
because I had complained about bullying by my co-worker, Xavier Edwards
Next, there is no credible evidence adduced, to justify the order compelling my examination.
Licensing boards governing the healing arts professions are authorized under California Business
and Professions Code section 820 to order physical and mental examinations where impairment
of the ability to safely practice is apparent. In my case, there is nothing to show that I may be
mentally incompetent to perform my duties as a Registered Nurse. Besides, after leaving Kaiser,
I have worked done travel nursing in the ED for three different hospitals. As a matter of fact, I
received a good recommendation from my supervisor Jennifer Tyo, who also provided a positive

comment from the AMN Traveler Qualification Rep to wit, “We are thrilled to have Esther here
and would love to keep or have her come back as the need arises.”
Thirdly, the order compelling my examination is an unlawful order. Section 820 orders are only
issued where there is good case. See See Kees v. Medical Board, 7 Cal. App. 4th 1801 (Cal. Ct.
App. 1992). Further, according to Gov. Code, § 11500 et seq., proceedings relating to the mental
and/or physical examinations are subjected to due process considerations. Courts have also held
that mental examinations are not always required in all situations; and that a mental examination
should only be used if it is the least intrusive method to determine one’s physical and/or mental
condition.” See Kees v. Medical Board, 7 Cal. App. 4th 1801 (Cal. Ct. App. 1992). In my case,
there is no good cause to compel my examination. As I have already stated, the examination is
not only based on hearsay, but also on a false report about my mental condition. Besides, I had
already submitted ALL my mental reports to the hospital and they found absolutely no issue with
my mental health.
Lastly, order contains defamatory remarks against me. The courts have held that defamation
happens when there is an intentional publication of a statement of fact that is false, unprivileged,
and has a natural tendency to injure or that causes special damage.” Grenier v. Taylor (2015) 234
Cal.App.4th 471, 486 [183 Cal.Rptr.3d 867]. In my case, the order references the Board’s
statement that I displayed concerning behavior by claiming bizarre ideas about voodoo and
vampires, and that when I left Kaiser, I began sending threatening and disturbing emails. The
foregoing statements are not only false, but are meant to injure my reputation and career by
making me seem unfit to work as Registered Nurse. .
In light of the foregoing, I assert that the order is unlawful for the aforesaid reasons. Besides,
there is no good reason for me to be subjected to the examination. I maintain my position being
fully aware that my registered nursing license number 761179 is at stake. In the event you
disregard my stand regarding my competence as a Registered Nurse, I am willing to surrender
my nursing license. It is the price I must pay for standing for my due process rights.
Thank you.

August 2nd, 2022.

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