The measure would require medical care to be provided to infants born alive by classifying a born-alive infant as "a legal person for all purposes under the laws of the state ... entitled to the protections of the laws, including the right to appropriate and reasonable medical care and treatment." The law would require infants that are born alive after an induced labor, a cesarean section, an attempted abortion, or another method to receive medical care. Under the law, a healthcare provider that "purposely, knowingly, or negligently violates" this requirement by not providing care would be convicted of a felony with a maximum sentence of a $50,000 fine and/or 20 years in prison. Healthcare providers aware of violations of the proposed law would be required to report violations to law enforcement. The law would take effect on January 1, 2023.

Currently, Montana law states that a person commits an offense if they "purposely, knowingly, or negligently cause the death of a premature infant born alive, if the infant is viable." The maximum punishment for negligent homicide is time in prison not to exceed 20 years and a fine not to exceed $50,000. The maximum punishment for deliberate homicide is the death penalty, life imprisonment, or prison time not to exceed 100 years.