(a) As used in this section:

(1) “Child care facility” means a “child care center”, “group child care home” or “family child care home” that provides “child care services”, each as described in § 19a-77, or any provider of child care services under the child care subsidy program established pursuant to § 17b-749;

(2) “Child care services provider or staff member” means any person who is (A) a licensee, employee, volunteer or alternate staff, assistant, substitute or household member of a child care facility, (B) a family child care provider, or (C) any other person who provides child care services under the child care subsidy program established pursuant to § 17b-749 but does not include a person who is providing child care services under the child care subsidy program (i) exclusively to children with whom such person is related, and (ii) without being issued a license to provide child care services by the Office of Early Childhood; and

(3) “Family child care provider” means any person who provides child care services under the child care subsidy program established pursuant to § 17b-749 (A) in a family child care home, as defined in § 19a-77, or (B) in a home not requiring a license pursuant to subdivision (4) of subsection (b) of § 19a-77.

(b) The comprehensive background checks required pursuant to subsection (c) of § 19a-80, subsection (c) of § 19a-87b, and subsection (a) of § 17b-749k, shall be conducted at least once every five years for each child care services provider or staff member in accordance with the provisions of 45 C.F.R. § 98.43, as amended from time to time.

(c) Any person who applies for a position at a child care facility in the state shall not be required to submit to such comprehensive background checks if such person (1) is an employee of a child care facility in the state, or has not been separated from employment as a child care services provider or staff member in the state for a period of more than one hundred eighty days, and (2) has successfully completed such comprehensive background checks in the previous five years. Nothing in this section prohibits the Commissioner of Early Childhood from requiring that a person applying for a position as a child care services provider or staff member submit to comprehensive background checks more than once during a five-year period.

(d) Any person required to submit to comprehensive background checks pursuant to subsection (c) of § 19a-80, subsection (c) of § 19a-87b and subsection (a) of § 17b-749k, may submit a request, in writing, to the Commissioner of Early Childhood for a waiver of the requirement to submit fingerprints. Such request shall include such person’s name and date of birth, and evidence that such person is unable to satisfy such fingerprints requirement due to a medical condition, including, but not limited to, a birth defect, physical deformity, skin condition or psychiatric condition. Upon the granting of a waiver to a person under this subsection, the Office of Early Childhood shall conduct a state criminal history records check of such person by using the name and date of birth that was provided in the request for a waiver by such person.