In People v. Hanf (159 Misc. 2d 748 [Monroe County Ct 1994]), the County Court indicated that an EMT who responded to the scene of a homicide was covered by the privilege because the proof had shown that the EMT acted as an agent of a doctor "following the prescribed protocol and acting at the direction and supervision of a physician." The privilege nevertheless did not apply in Hanf because the statement at issue was made not by the patient to the EMT, but was instead made by her husband, the defendant, who had killed his wife and then waited at the scene and talked to the EMT.