(a) The board shall temporarily suspend the license of a nurse as provided by § 301.455 if the nurse is under a board order prohibiting the use of alcohol or a drug or requiring the nurse to participate in a peer assistance program, and the nurse:
(1) tests positive for alcohol or a prohibited drug;
(2) refuses to comply with a board order to submit to a drug or alcohol test; or
(3) fails to participate in the peer assistance program and the program issues a letter of dismissal and referral to the board for noncompliance.
(b) For the purposes of § 301.455(c), proof of the elements required for the board to suspend a license under this section is proof that probable cause of a continuing and imminent threat to the public welfare exists.