The statute, which sought to define certain infants as "born alive" – including following abortions – and compel medical practitioners to provide life-sustaining care to them no matter the prognosis, was rejected by voters.

Montana was one of six states to vote on an abortion-related referendum as part of the 2022 elections, alongside California, Michigan, Kansas, Kentucky, and Vermont.

A health care provider found guilty of failing to take medically appropriate and reasonable actions to preserve a born-alive infant's life under this Act faces punishment of a fine up to $50,000 or imprisonment up to 20 years, or both.

[6] It was noted that cases where fetuses survive an abortion before dying are rare and often the result of other health conditions, meaning the bill was largely unnecessary.

They argued that the bill was similar to the pro-life templates proposed by the Americans United for Life,[8] and that the language would force medical practitioners to make decisions against the wishes of parents.