I think this is an oversight - and if it was changed it would allow anyone without any training to simply interact with Miro boards without any confusion.
I regularly show Miro boards to people who only need to pan/zoom around the board, and make notes with a pen, using a MS Surface Hub or Ipad.
If they click the pen tool with the stylus to change the colour or switch to an eraser, then try to pan around with their finger and they end up drawing a line they didn’t mean to.
Also I support either having the pen toolbar always visible or not going away once you’ve opened it.