Secondcurve made it much clearer than I did!
There is no civil penalty for simply being stopped by NHMP. All NHMP is going to do is ignore the requirement that all certificates be granted via a proctored exam for reasons already stated.
Your greater exposure occurs, as secondcurve observes, if you are involved in an incident that eventually leads to civil process.
Confusing? You bet! That precisely is why there is no simple answer to this question.
One thing is easy though.
In the few States that I am aware that still offer the NASBLA certified on-line certificate, each one still has various options on how to obtain a proctored exam.
The only way to be in full compliance with the RSA, both criminally and especially civilly, is to obtain your certificate utilizing that methology.
And if in the process it makes you a little better of a boater, don't we all benefit?