"However, a player is permitted accidental contact on an opponent if the act is committed as a normal windup or follow through of a shooting motion, or accidental contact on the opposing center who is bent over during the course of a face-off. A wild swing at a bouncing puck would not be considered a normal windup or follow through and any contact to an opponent above the height of the shoulders shall be penalized accordingly."
Doesn't say they have to successfully shoot the puck, but vague as always, so refs can do whatever they feel like.